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Law No. 135 Of 1 July 2010 On The Code Of Criminal Procedure

Original Language Title:  LEGE nr. 135 din 1 iulie 2010 privind Codul de procedură penală

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Law No. 135 of 1 July 2010 (* updated *) code of criminal procedure (updated until July 23, 2016 *) ISSUER-PARLIAMENT------Parliament adopts this law.


The General principles of Title I and the limits of procedural criminal law enforcement in article 1 of the Criminal Procedure Rules and their purpose (1) Criminal Procedure Rules govern the conduct of criminal and other judicial procedures in connection with a criminal case.
  

(2) the rules of criminal procedure aiming at ensuring the effective exercise of the powers of the judicial organs with the guarantee of the rights of the parties and other participants in criminal proceedings so as to respect the provisions of the Constitution, of the constituent treaties of the European Union, other European Union rules in penal matters, as well as pacts and treaties regarding fundamental human rights to which Romania is a party.
  

— — — — — — — — —-. (2) of article 9. 1 was amended by section 1 of article. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 2 the legality of penal criminal procedure is carried out according to the provisions laid down by law.


Article 3 the separation of judicial functions (1) in criminal judicial functions shall be exercised as follows: the prosecution function);
  

b) function available on the fundamental rights and freedoms of the person against whom the criminal investigation phase;
  

(c) verification of function) the legality of sending times netrimiterii in court;
  

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Lit. c) of paragraph 2. (1) of article 1. 3 was amended by paragraph 2 of article 9. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

d) function.
  

(2) Judicial Functions are exercised, unless when, by law, otherwise.
  

(3) in carrying out the same criminal trial, the exercise of a judicial function is incompatible with holding any other judicial functions, except as provided for in paragraph 1. (1) (a). (c)), which is compatible with the function of judgment, less when ordering the start of judgment under art. 341 para. (7) point 2(a). c). — — — — — — — — —-. (3) art. 3 was amended by section 1 of article. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(4) in the exercise of the function of criminal prosecution, the Prosecutor and criminal investigation bodies gather evidence necessary to determine whether or not there are no grounds for sending.
  

(5) on the acts and the measures under criminal investigation, which restrict the fundamental rights and freedoms of the person, the designated judge has in this respect, except as required by law.
  

(6) over the legality of sending trial and the evidence behind it, as well as the legality of solutions delivered to court to pronounce preliminary Chamber, judge according to the law).
  

— — — — — — — — —-. (6) article. 3 was amended by paragraph 2 of article 9. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) by decision of the CONSTITUTIONAL COURT No. 552 of 16 July 2015, published in MONITORUL OFICIAL nr. 707 21 September 2015, it was considered the plea of unconstitutionality in respect of article 4. 3 paragraphs 1 and 2. (3) second sentence of the code of criminal procedure, it was found that a legislative solution, according to which the exercise of the function of verifying legality netrimiterii in court is compatible with the exercise of the function of the Court is unconstitutional.

According to art. 147 paragraph 1. (1) of the Constitution of ROMANIA republished in Official Gazette No. 767 from 31 October 2003 the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.

Therefore, during the September 21, 2015-4 November 2015, the provisions cited above, to the extent that the exercise of the function of verifying legality netrimiterii in court is compatible with the exercise of the function of the Court, were suspended by operation of law, having ceased legal effect as of November 5, 2015, whereas the legislature not intervened for modification.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (7) shall be carried out by the Court, in complete legally established.
  


Article 4 presumption of innocence (1) every person is considered innocent until proven guilty by a final criminal judgment.
  

(2) after taking the evidence as a whole, any doubt in shaping judicial conviction shall be interpreted in favour of the suspect or the accused.
  


Article 5 finding out the truth (1) judicial Bodies are required to ensure, on the basis of the evidence, finding out the truth of the facts and circumstances of the case, as well as with regard to the suspect or accused person.
  

(2) the prosecution are required to collect and administer samples both in favor and against the suspect or the accused. Rejection or failing in bad faith evidence proposed in favour of the suspect or accused shall be imposed in accordance with the provisions of this code.
  


Article 6 the Ne bis in idem No person shall be prosecuted or put on trial for committing a crime when compared with that person previously has rejected a final criminal judgment concerning the same deed, even under different legal employment.


Article 7 Obligation of implementation and exercising penal action (1) the Prosecutor is obliged to put into motion and to pursue criminal proceedings ex officio when there is evidence which shows committing a crime and there is no legal cause of foreclosure, other than those referred to in paragraph 1. (2) and (3).
  

(2) in the cases and under the conditions provided for by law, the Prosecutor Express can waive the exercise of criminal action if, in relation to specific elements of the case, there is a public interest in the attainment of its object.
  

(3) In the cases provided for by law, the Prosecutor expressly put in motion criminal proceedings and exercise after the introduction of the complaint of the injured person prior to or after obtaining the authorization of the competent organ or referral times after completing a further conditions prescribed by law.
  


Article 8 is fair and reasonable term of criminal judicial Bodies are required to conduct criminal proceedings and the judgment in compliance with the procedural guarantees and rights of the parties and of the trial subjects, so that they are recorded at the time and fully the facts constituting the offence, no innocent person should not be held liable, and any person who has committed a criminal offence to be punished according to the law in a reasonable time.


Article 9 right to liberty and security (1) during the criminal trial is guaranteed the right of every person to freedom and security.
  

(2) any measure involving deprivation or restriction of liberty shall be ordered in exceptional cases and only in the cases and under the conditions provided by law.
  

(3) any person arrested has the right to be informed as soon as possible and in a language which he understands of the reasons for his arrest and shall be entitled to formulate opposition against the disposition measure.
  

(4) where it is established that a measure involving deprivation or restriction of liberty was ordered in wrongful manner, the competent judicial bodies are required to revocation measure and, if appropriate, release of the person detained or arrested.
  

(5) any person to whom it was ordered in wrongful manner, during the criminal trial, a measure involving deprivation of liberty shall be entitled to compensation for the damage suffered, within the conditions prescribed by law.
  


Article 10 right of defence (1) the parties and the main trial subjects shall have the right to defend themselves or to be assisted by a lawyer.
  

(2) the parties to the trial subjects, and the Attorney shall be entitled to benefit from the necessary time and facilities for the preparation of the defence.
  

(3) the suspect has the right to be informed immediately and before he had heard about the deed for the prosecution and its legal classification. The defendant has the right to be informed immediately about the deed for which he set in motion the criminal proceedings against him and its legal classification.
  

— — — — — — — — —-. (3) art. 10 was amended by section 3 of article 9. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(4) before it hear, defendant must suspect provided that they have the right not to make any statement.
  


(5) judicial Bodies have an obligation to ensure the full and effective exercise of the right to defence by the parties and the main trial subjects throughout the criminal process.
  

(6) the right of defence must be exercised in good faith, in accordance with the purpose for which it was recognized by law.
  


Article 11 Respecting human dignity and privacy (1) any person who is in the course of the prosecution or the Court must be treated with respect for human dignity.
  

(2) respect for privacy, the inviolability of domicile and secrecy of correspondence are guaranteed. The restriction of the exercise of these rights shall be in accordance with the law and whether it is necessary in a democratic society.
  


Article 12 the official language and the right to an interpreter (1) the official language in criminal proceedings is the Romanian language.
  

(2) Romanian citizens belonging to national minorities have the right to express themselves in their mother tongue in courts of law, procedural acts in addresses shall Romanian language.
  

(3) the parties and the trial subjects who do not speak or understand Romanian language cannot express the times shall be provided, free of charge, the opportunity to take cognizance of the dossier parts, to speak, and to put the conclusions in court through an interpreter. Where legal aid is compulsory, the suspect or accused shall be permitted free of charge opportunity to communicate through an interpreter, lawyer in preparation for the hearing, the introduction of an appeal or to any other requests pertaining to settling the case.
  

— — — — — — — — —-. (3) art. 12 was amended by paragraph 4 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(4) judicial proceedings are used interpreters, according to the law. Are included in the category of interpreters and translators authorized by the law.
  


Article 13 of the criminal procedural law in time and space (1) criminal procedural Law applies in criminal acts done and arranged, from its entry into force and no later than at the time of removal from force, except as provided for in the transitional provisions.
  

(2) criminal procedural Law shall apply to acts carried out Romanian and arranged on Romanian territory, with the exceptions provided by law.
  


Title II the criminal proceedings and civil action in criminal proceedings criminal proceedings chapter I subject matter and Article 14 exercise of criminal action (1) the criminal proceedings for the criminal prosecution of persons who have committed offences.
  

(2) criminal proceedings are put in motion by the Act of indictment laid down by law.
  

(3) the criminal proceedings can be exercised throughout the criminal process, in accordance with the law.
  


Article 15 Conditions for putting in motion or to pursue criminal proceedings criminal action is put into motion and shall be exercised when there is evidence which shows the reasonable assumption that a person has committed an offence and there are cases that prevent the implementation move up or pursuit.


Article 16 cases preclude moving and exercising penal action (1) the criminal proceedings may not be brought into motion, and when it was put into motion can no longer be exercised if: a) the deed does not exist;
  

b the deed is not specified) of the criminal law was not perpetrated with culpability prescribed by law;
  

c) there is evidence that a person has committed the offence;
  

d) there is a question of supporting or neimputabilitate;
  

e) prior authorization is lacking, the complaint or referral to the competent organ or other condition prescribed by law, necessary for setting in motion the criminal action;
  

f) amnesty or prescription intervened, the death of the suspect or the accused person or the suspect ordered the cancellation of the accused legal person times;
  

g) was withdrawn prior complaint, offences for which its removal removes criminal liability, there has been reconciliation was concluded an agreement for mediation in law;
  

h) there is a question of nepedepsire prescribed by law;
  

I) there are final;
  

j) there has been a transfer of proceedings to another State, according to the law.
  

(2) in the cases referred to in paragraph 1. (1) (a). e) and (j)), criminal proceedings can be put in motion at a later date, as provided by law.
  


Article 17 penal action Extinguishing (1) in the course of criminal proceedings criminal action shall be extinguished by rank or by waiver of prosecution, as stipulated by law.
  

(2) in the course of criminal proceedings judgment goes out through the remaining final judgement of conviction, sentencing waiver to defer application of punishment, acquittal or cessation of the criminal process.
  

— — — — — — — — —-. (2) of article 9. 17 was amended by section 5 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 18 of the criminal process at the request of the suspect or the accused in cases of amnesty, prescription, withdrawal of the complaint, of the existence of a case of nepedepsire or neimputabilitate or if waiving prosecution, the suspect or the accused may request the continuation of the criminal process.


Chapter II subject matter of Civil Action and the exercise of article 19 of the civil action (1) Civil Action in criminal proceedings for the prosecution of persons responsible for civil tort of civil law for the damage produced by committing the offence which is the subject of criminal action.
  

— — — — — — — — —-. (1) of article 1. 19 was amended by section 6 of article. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) Civil Action shall be exercised by any person aggrieved or its successors, which is constituted by civil party against the defendant and, where applicable, the party responsible civilmente.
  

(3) where any person is deprived of exercise capacity or capacity to exercise civil action, shall be exercised on their behalf by the legal representative or, where appropriate, by the Prosecutor, pursuant to article. 20 paragraph 1. (1) and (2), and aims, in the light of the interests of the person for whom it is exercised, the tort liability.
  

— — — — — — — — —-. (3) art. 19 was amended by section 6 of article. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(4) civil action by deciding in criminal proceedings, if it is not thereby exceed the reasonable duration of the process.
  

(5) material and moral damage is done according to the provisions of the civil law.
  


Article 20 establishment of as civil party (1) the creation as part of civil can be made until the start of legal research. Judicial bodies have an obligation to bring to the attention of the person who has this right.
  

(2) the Constitution of the civil party is done as in writing or orally, the nature and extent of the reasons claims and evidence on which they are based.
  

(3) where the Constitution of the civil party shall do as oral, judicial bodies are required to record this in a report or, where appropriate, dismissal.
  

(4) in the case of non-compliance with any of the conditions referred to in paragraph 1. (1) and (2), any person aggrieved or its successors no longer constitute civil party in criminal proceedings, which may enter the action in the civil court.
  

(5) until the completion of the research, the Court may: (a) civil) straighten the application material errors of incorporation as civil party;
  

b) increase or decrease the extent of claims;
  

c) require payment of pecuniary compensation through monetary in nature, if repair is not possible.
  

(6) where a large number of people who have no interests have been established contrary to the civil party, they may designate a person to represent the interests of the criminal proceedings. If the civil parties have not appointed a common representative, for the proper conduct of the criminal trial, the Prosecutor or the Court may designate, by order, by a reasoned conclusion, a lawyer ex officio to represent their interests. Conclusion or order will be communicated to the parties, who must încunoştinţeze the Prosecutor or court if they refuse to be represented by counsel appointed ex officio. All documents disclosed or representative which representative has knowledge are presumed to be known to the persons represented.
  

— — — — — — — — —-. (6) article. 20 was modified by point 7 of article. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


(7) If the right to compensation for damage was about another person's conventional, it cannot pursue civil action in criminal proceedings. If this transmission takes place right after the establishment of the civil party action as civil, can be disjunsă.
  

— — — — — — — — —-. (7) article. 20 was modified by point 7 of article. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(8) Civil Action which has as its aim the liability of the defendant and the party responsible civilmente, exercised in criminal court or civil court is exempt from stamp duty.
  


Article 21 Placing in the criminal trial of the party responsible civilmente (1) Introduction in the criminal trial of the party responsible civilmente may take place at the request of the party entitled according to the law, within the time limit provided for in art. 20 paragraph 1. (1).
  

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Alin. (1) of article 1. 21 was amended by section 8 of article. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) when exercising the civil action, the Prosecutor is obliged to request the inclusion in the criminal proceedings to the party responsible, under paragraph 1, civilmente. (1) and (3) the party responsible may intervene in civilmente criminal proceedings until the completion of the judicial research at first instance, the procedure of taking the stage in which they are located at the time of the intervention.
  

— — — — — — — — —-. (3) art. 21 was amended by section 8 of article. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(4) the party responsible for civilmente has, in terms of civil action, all rights that the law provides for them to be indicted.
  


Article 22 renunciation of civil claims (1) the civil Side can be waived, in whole or in part, from civil claims brought, until the completion of debate in the call.
  

(2) Renunciation may be done either by application in writing or orally in court.
  

(3) the civil Side cannot revert to renounce and cannot enter the action in civil court for the same claims.
  


Article 23 the transaction, and the recognition of civil claims mediation (1) during the criminal process, with respect to civil claims, the defendant, the party responsible for civil and may conclude a transaction civilmente or a mediation agreement, according to the law.
  

(2) the defendant, in agreement with the party responsible civilmente, can recognize, in whole or in part, the claims of the party.
  

(3) in the case of recognition of civil claims, the court obliges to compensation to the extent of recognition. With regard to civil claims unrecognized may be administered.
  


Article 24 the exercise of civil action by or against successors (1) Civil Action remains within the competence of the Criminal Court in case of death, reorganization, dissolution or winding up of the civil party if the heirs or successors in title, times its liquidators expresses its option to continue exercising civil action no later than two months from the date of death or the reorganization , abolishing the dissolution times.
  

(2) in case of death, reorganization, dissolution or winding up of the responsible civil action civilmente remains within the competence of the Criminal Court if the civil side indicates the heirs or successors in title, 3 times the party responsible civilmente, no later than two months from the date on which he became aware of the circumstance.
  

— — — — — — — — —-. (2) of article 9. 24 has been changed by point 9 of article. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) Repealed.
  

— — — — — — — — —-. (3) art. 24 was repealed by paragraph 10 of article 10. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 25 Solving civil action in criminal proceedings (1) the Court shall pronounce the same judgment on both the criminal action and the civil action.
  

— — — — — — — — —-. (1) of article 1. 25 has been amended point 11 of article 1. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) When the civil action cover pecuniary restitution through work, and this is possible, the court order that the thing be returned to the party.
  

(3) the Court, even if there is no formation of civil party, shall take a decision with regard to the abolition of all or part of an inscribed or to restore the previous situation of the offence.
  

(4) Repealed.
  

— — — — — — — — —-. (4) article. 25 was repealed by item 12 of article. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(5) in case of acquittal of the defendant or of the termination of the criminal proceedings, pursuant to article 13. 391. (1) (a). (b) the first sentence), lit. e) f)) and j), in the event of termination of criminal process as a result of the withdrawal of the complaint, and in cases covered by article 6. 486 para. (2), the Court leaves unresolved civil action.
  

— — — — — — — — —-. (5) article. 25 has been amended by section 2 of art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(6) the Court leaves unresolved civil action and if the heirs or successors in title, the liquidators civil party in times expresses its option to continue exercising civil action or, if appropriate, civil side does not indicate heirs, successors in title 3 times party responsible within the timeframe civilmente; 24 para. (1) and (2).
  

— — — — — — — — —-. (6) article. 25 was introduced by the pct, article 14. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 26 of the civil action Disjoin (1) the Court may order the civil action, disjoin when resolving its overdue determines reasonable resolution of criminal action. Resolving civil action remains within the competence of the Criminal Court.
  

— — — — — — — — —-. (1) of article 1. Amended 26 of point 15 of article 2. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) ordering the Disjoin the Court ex officio or at the request of the Prosecutor or of the parties.
  

(3) Evidence conducted up until disjungere will be used to settle civil action disjunse.
  

— — — — — — — — —-. (3) art. Amended 26 of point 15 of article 2. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(4) Repealed.
  

— — — — — — — — —-. (4) article. 26 was repealed by paragraph 16 of article. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(5) Conclusion whereby civil action disjunge is final.
  


Article 27 Cases of settlement of civil action in civil court (1) If you have not set up a civil party in criminal procedure, the injured party or its successors can introduce the civil court action for compensation for damage caused by crime.
  

(2) any person aggrieved or its successors, who have formed the civil party in criminal proceedings, may introduce the civil court action if, by final judgment, the Court left unresolved criminal civil action. Samples during criminal process administered can be used in civil court.
  

— — — — — — — — —-. (2) of article 9. Amended 27 of point 17 of article. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) any person aggrieved or its successors that have constituted the civil party in criminal proceedings may introduce civil action in court if the criminal trial was suspended. In the event of a resumption of the criminal trial, the civil court proceedings to be suspended under the conditions laid down in paragraph 1. 7. (4) any person aggrieved or its successors, who started the action in civil court, I can leave this Court and to address the prosecution, judge of the Court, if the times putting in motion the criminal action took place at a later date or the criminal trial was resumed after suspension. Leaving civil court cannot take place if it has pronounced a judgment, even nedefinitivă.
  

(5) where the civil action was carried out by the public prosecutor, if new evidence is found from that injury has not been fully covered by the decision of Criminal Court on a permanent basis, the difference may be claimed on the way of an action in civil court.
  

(6) any person aggrieved or its successors can introduce the civil court action for compensation for damage discovered after setting-up times was born as a civil party.
  

(7) in the case referred to in paragraph 1. (1) judgment of the Court shall be suspended civil after putting in motion the criminal action and the pending resolution of the case in the first instance, but not more than one year.
  

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Paragraphs 1 and 2. (7) article. Amended 27 of point 17 of article. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 28 of the penal judgment Authority in the civil process and the effects of the judgment in criminal proceedings (1) the final judgement of the Criminal Court has the authority of res judicata in civil court which prosecutes civil action with regard to the existence of the offence and of the person who committed it. The civil court is not bound by the final judgement of acquittal or cessation of the criminal process in terms of the existence of the injury or of the author's guilt of the offence.
  

(2) the final judgement of the civil court that was settled civil action does not have the authority of res judicata in criminal judicial bodies with regard to the existence of the criminal offence, the person who committed it and its guilt.
  


Title III Participants in criminal procedure chapter I General provisions Article 29 Participants in the criminal trial Participants in criminal proceedings are judicial bodies: the lawyer, the parties to the trial subjects, as well as other subjects to the trial.


Article 30 specialized Organs of the judicial Organs of the State which carries out the judicial process are: the criminal investigation organs);
  

b) the Prosecutor;
  

c) judge of rights and freedoms;
  

d) judge the preliminary room;
  

e) courts.
  


Article 31 the Attorney Lawyer assists or represents the parties to the trial subjects times.
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Art. 31 was amended by the pct, article 18. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 32 (1) the Parties are Parties to the trial subjects who exercised or against whom an action is exercised.
  

(2) the parts of the criminal trial, the civil side are the defendant and the party responsible civilmente.
  


Article 33 the main trial Subjects (1) to the trial Subjects are the main suspect and injured person.
  

(2) the trial Subjects have the same principal rights and obligations as parties, except those which the law grants them their only.
  


Article 34 other subjects outside the trial participants referred to in art. 33, are subject to the trial: witness, expert, interpreter, procedurally, special agent finding bodies, and any other person or body provided for by law, having regard to certain rights, obligations or duties in criminal legal proceedings.


Chapter II Jurisdiction section 1 jurisdiction of the judicial organs functioning after the matter and the quality of the person to the courts in article 35 (1) the Court shall have jurisdiction over appeals court judges in the first instance all offences except those given by law in the jurisdiction of other courts.
  

(2) the Court of Justice and other specific causes is settled as provided by law.
  


Article 36 (1) the competence of the Tribunal the Tribunal judges at first instance: infringements referred to) of the penal code art. 188-191, art. 209-211, art. 254, 256 ^ 1, 263, 282, art. 289-294, art. 303, 304, 306, 307, 309, 345, 346, 354, and art. 360-367;
  

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Lit. of paragraphs 1 to 5). (1) of article 1. 36 was amended by section 3 of article 9. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

b) crimes related with intent exceeded as a result of a person's death;
  

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Lit. b) of paragraph 2. (1) of article 1. 36 amended by pct, article 19. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

c) offences in respect of which the prosecution was conducted by the Directorate for investigating organized crime and terrorism or National Anticorruption Directorate, if not by law competencies of other hierarchically superior court;
  

c ^ 1) crimes of money laundering and tax evasion offences under article. 9 of law No. 241/2005 for preventing and combating tax evasion, as amended;
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Lit. c ^ 1) para. (1) of article 1. 36 was introduced by the pct, article 20. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

d) other crimes data by law under its jurisdiction.
  

(2) the Tribunal resolves conflicts of competence between courts, arising from his constituency, as well as appeals against judgments of the Court in cases stipulated by law.
  

(3) the Tribunal adjudicates and other specific causes provided by law.
  


The jurisdiction of the military tribunal article 37 (1) Military Tribunal judge in first instance all offences committed by military personnel up to and including the rank of colonel, except those given by law in the jurisdiction of other courts.
  

(2) Military Tribunal resolves, and other specific causes provided by law.
  


Article 38 the jurisdiction of the Court of appeal (1) the Court of appeal judges at first instance: infringements referred to) of the penal code art. 394-397, 399-412 and 438-445;
  

(b) offences relating to national security), provided for in special laws;
  

c) crimes related to the judges, judges, courts and prosecutors from the public prosecutor works in addition to these courts;
  

d) crimes related lawyers, public notaries, bailiffs, statutory auditors the Court of Auditors, the external auditors and the public;
  

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Lit. d) of paragraph 2. (1) of article 1. Amended 38 of point 21 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

e) crimes related to organised religious heads in accordance with the law and other members of the clergy, who have at least the rank of Archbishop, or equivalent thereof;
  

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Lit. s) para. (1) of article 1. 38 was introduced by the pct, article 22. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

f) crimes related by the magistrates of the assistants-High Court of Cassation and justice, the judges of the Court of appeal and the Court of Military Appeals, as well as prosecutors from the public prosecutor's Office attached to these courts;
  

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Lit. f) of paragraph 2. (1) of article 1. 38 was introduced by the pct, article 22. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

g) crimes related by the members of the Court of Auditors, the President of the Legislative Council, the Ombudsman, the advocate of the people and the Quaestors;
  

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Lit. g) of paragraph 1. (1) of article 1. 38 was introduced by the pct, article 22. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

h) applications for resettlement, in cases stipulated by law.
  

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Lit. h) of paragraph 1. (1) of article 1. 38 was introduced by the pct, article 22. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) Court of appeal judge calls against criminal judgments handed down in first instance judges and courthouses.
  

(3) the Court of appeal resolves conflicts of competence between courts, arising from his constituency, other than those referred to in article 1. 36 para. (2), as well as appeals against judgments handed down by courts in cases stipulated by law.
  

(4) the Court of appeal adjudicates and other cases specifically provided by law.
  


Article 39 the jurisdiction of the military court of appeals (1) Military Court of appeal judges at first instance: infringements referred to) of the penal code art. 394-397, 399-412 and 438-445, perpetrated by the military;
  

(b) offences relating to national security), provided for in special laws, committed by military personnel;
  

c) crimes related to military tribunals of judges and military prosecutors from the public prosecutor of the military which operates in addition to these instances.
  

d) crimes related by generals, admirals and marshals;
  

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Lit. d) of paragraph 2. (1) of article 1. 39 was introduced by the pct, article 23. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

e) applications for resettlement, in cases stipulated by law.
  

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Lit. s) para. (1) of article 1. 39 was introduced by the pct, article 23. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) the Court of military appeals judge calls against criminal judgements handed down by military courts.
  

(3) Military Court of appeal resolves conflicts of competence arising between military courts in Vienna as well as appeals against judgements handed down in cases stipulated by law.
  

(4) Military Court of appeal adjudicates and other specific causes provided by law.
  


Article 40 jurisdiction of the High Court of Cassation and justice


(1) the High Court of Cassation and justice, judge in first instance crime of high treason, crimes committed by Senators, deputies and members of the European Parliament from Romania, Cabinet members, judges of the Constitutional Court, members of the Superior Council of magistrates, judges of the High Court of Cassation and justice and the prosecutors of the public prosecutor's Office attached to the High Court of Cassation and justice.
  

— — — — — — — — —-. (1) of article 1. 40 was amended by paragraph 24 of article. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) the High Court of Cassation and justice judge calls against judgments handed down in first instance criminal courts of appeal, military courts and the criminal section of the High Court of Cassation and justice.
  

(3) the High Court of Cassation and justice judge appeals in cassation against judgments, criminal and appeals in the interest of the law.
  

(4) the High Court of Cassation and justice resolves conflicts of jurisdiction in cases in which court upper municipality courts warring, cases in which the course of Justice is discontinued, applications for resettlement in cases stipulated by law, and appeals against judgments handed down by courts of appeal in cases stipulated by law.
  

— — — — — — — — —-. (4) article. 40 was modified by pct article 25. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(5) the High Court of Cassation and justice and other specific causes is settled as provided by law.
  


Section 2 of the territorial jurisdiction of the courts Article 41 Jurisdiction for offences committed on the territory of Romania (1) Jurisdiction after the territory is determined in the following order: a) the place of the offence;
  

b) the place where the suspect was caught, or the defendant;
  

c) suspect's dwelling or the accused person or, as the case may be, the seat of the accused legal person, at the time when he committed the Act;
  

d) housing or, where appropriate, the injured person's headquarters.
  

(2) in the place of the offence ' shall mean the place where the criminal activity took place, in all or in part, or the place where he has produced its sequel.
  

(3) where, pursuant to paragraph 1. (2) an offence has been committed in more than one District Court, whichever has jurisdiction to prosecute.
  

(4) where none of the places referred to in paragraph 1. (1) is not known, or when they are exercised, successively two or more instances of the specified in paragraph 2. (1) the jurisdiction of the court first seised returns.
  

(5) the order of priority referred to in paragraph 1. (1) shall apply where two or more courts are seised simultaneously times the prosecution has been carried out with non-compliance with this order.
  

(6) the offence committed on a ship under the Romanian flag is the competence of the Court in whose district lies the first Romanian port where the ship anchors, except where provided otherwise by law.
  

(7) the crime committed on an aircraft registered in Romania within the competence of the Court in whose district lies in the first place of landing on Romanian territory.
  

(8) If the ship does not dock at a port in English or if the aircraft lands in the Romanian territory and jurisdiction cannot be determined according to paragraph 1. (1) it is the jurisdiction referred to in paragraph 1. (4) article 42 Competence for crimes related to Romania's territory (1) Offences committed outside the territory of Romania shall judge by the courts in whose constituency is located the suspect's dwelling or the accused person or, as the case may be, the seat of the accused legal person.
  

(2) If the defendant does not live or, as the case may be, does not have its registered office in Romania, while the crime is a matter for the Court, it judges the Court District 2, Bucharest, and in other cases, the competent court or after matters after the quality person from Bucharest, unless provided otherwise by law.
  

(3) the offence committed on a ship is within the competence of the Court in whose district lies the first Romanian port where the ship anchors, except where provided otherwise by law.
  

(4) the offence committed on an aircraft is within the competence of the Court in whose district lies in the first place of landing on Romanian territory.
  

(5) If the ship does not dock at a port in English or if the aircraft lands on the Romanian territory, jurisdiction shall be that laid down in paragraph 1. (1) and (2), unless the law provides otherwise.
  


Section 3 special provisions on the jurisdiction of the courts of Article 43 (1) causes Reunion Court features the reunion if the offence causes continued, of formal competition offences or in any other cases when two or more material acts make up a single offence.
  

(2) the Court may order the pooling causes, if it does not delay judgment in the following situations: a) when two or more offences have been committed by the same person;
  

b) when committing a crime attended by two or more persons;
  

c) when two or more offences there is connection and pooling causes it is necessary for the proper carrying out of Justice.
  

(3) the provisions of paragraphs 1 and 2. (1) and (2) are applicable and where in front of the same Court are many causes with the same object.
  

— — — — — — — — —-. (3) art. 43 amended point 26 of article. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 44 jurisdiction in case of combination of causes (1) in the event of reunification if, in relation to the various different times offenders acts, jurisdiction lies with the law, several instances of equal degree, competence to judge all the facts and all that făptuitorii returns to the court first seised, and if, after the nature of the facts or the quality of persons, jurisdiction lies with courts of different degree , the power to judge all the causes of the higher court in the reunited returns.
  

(2) the jurisdiction resulting from causes brought together continue to be granted even if the deed or for the perpetrator that has caused the jurisdiction of a particular court was ordered the cessation of the criminal process or disjoin times pleaded acquittal.
  

(3) Concealment, favoring nedenunţarea offender and crimes within the competence of the Court that judges the offence to which they relate, and if the competence of quality individuals belong to certain instances of different degree of competence to judge all the causes of the higher court in the reunited returns.
  

(4) If one of the courts is another civil and military jurisdiction is the Court returns.
  

(5) if the court overrules the military grade, the competence lies with the court competent in civil equivalent grade under art. 41 and 42.
  


Article 45 the reconciliation procedure causes (1) bringing together the causes may be at the request of the Prosecutor, has parts, the injured person and ex officio by the competent court.
  

— — — — — — — — —-. (1) of article 1. 45 was amended by paragraph 4 of art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(2) Causes can muster if they are located in front of the first instance, even after dismantling or scrapping of the judgment, or before the Court of appeal.
  

(3) the Court shall decide by means of discharge which may be appealed only together with the Fund.
  


Article 46 (1) Disjoin the causes For serious reasons concerning the best swing of the judgment, the Court may order its disjoin regarding some of the defendants or to some of the crimes.
  

(2) in the case of Disjoin instance through closing, ex officio or at the request of the Prosecutor or of the parties.
  


Exceptions of article 47 (1) of competence the exception of material competence or quality lower than that of the person competent court according to the law may be invoked throughout the judgment, up to a definitive pronouncement.
  

(2) the exception of material competence or quality of the person to the court competent according to the law above that may be invoked up to the commencement of legal research.
  

(3) the exception of territorial competence can be invoked under the conditions of paragraph 1. (2) and (4) the exceptions of competence may be invoked ex officio by the public prosecutor, the injured party or parties.
  


Article 48 the jurisdiction in case of changing the quality of the defendant (1) when the Court is determined by the quality of the defendant, the Court remains competent to judge even though the defendant, after committing the offence, no longer has that quality, in cases when: (a) is related to the deed) powers of the perpetrator;
  

b) has read the notice of referral to the Court.
  

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Paragraphs 1 and 2. (1) of article 1. Amended 48 of point 27 of article. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) the acquisition of quality after committing the offence does not entail changing competence, except for crimes committed by persons under article 4. 40 para. (1) Article 49. Jurisdiction in case of changing the legal classification of the offence or of the qualification (1) judgment of the Court in which a crime remains a competent judge, even though, after changing the legal classification of the offence is within the competence of the Court.
  

(2) Changing the qualification of the offence by a new law, which took place during the trial of the case does not involve necompetenţa Court, unless that law where it would otherwise.
  


Article Disclaimer of jurisdiction (1) the Court decline jurisdiction shall immediately send the dossier of the court designated as competent by way of a disclaimer.
  

(2) whether the disclaimer was determined by the material competence or quality of the person, the Court to which it was sent, the cause can keep motivated, samples, acts done and the measures ordered by the Court and declined jurisdiction.
  

(3) if the disclaimer on startup for territorial competence, the tests administered, acts done and measures provided they maintain.
  

(4) a judgment of disclaimer is not subject to appeal.
  


Article 51 the conflict of jurisdiction (1) When two or more courts are competent to judge admit the same question times decline jurisdiction, mutual positive or negative conflict of jurisdiction is the court settles higher.
  

(2) the court seised is higher in case of a conflict in a positive way, by the Court which declared itself competent, the latter in the event of conflict, by the Court that has jurisdiction is the latter.
  

(3) referral to the hierarchically superior court joint can be made and the Attorney or party.
  

(4) pending the positive conflict resolution skill, judgment shall be suspended.
  

(5) the Court which has jurisdiction or is declared itself competent the latter take measures and documents for advertising.
  

(6) the higher Court shall pronounce upon the conflict of competence, contingency, by concluding that it is not subject to any appeal.
  

(7) where the Court with competence conflict finds that that question is a matter for another court than that which has occurred between the conflict and that there is no higher court, superior court remits municipalities.
  

(8) the Court to which it was sent by way of the cause of establishment of competence can no longer declare principally concerned, except they appear new items that attract the jurisdiction of other courts.
  

(9) the Court to which it was sent to cause properly applied the provisions of art. 50 para. (2) and (3).
  


Article 52 the prior Issues (1) Criminal Court shall have jurisdiction in any matter prior to settle the case, even if by its nature that matter within the competence of another court, except where jurisdiction for settlement does not belong to the judicial bodies.
  

(2) the judge shall Issue a preliminary by criminal court, according to the rules and the means of evidence relating to the matter which belongs to that matter.
  

(3) the final Decisions of other courts than on any prior criminal matters in criminal procedure have the authority of res judicata in criminal court, with the exception of the circumstances relating to the existence of the infringement.
  


Section 4 of the competence of the judge of freedoms, rights and duties of the judge of the preliminary room 53 Article judge Jurisdiction rights and freedoms rights and freedoms judge is the judge who, in the framework of its competence, according to the Court, settles, during criminal proceedings, requests, suggestions, complaints, appeals or any other complaints regarding preventive measures: (a));
  

b) precautionary measures;
  

c) safety measures provisionally;
  

d) in cases where the Prosecutor acts expressly provided for by law;
  

consent searches, e) to use special methods and techniques of monitoring or research or other evidence procedures according to the law;
  

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Lit. s) art. Amended 53 of item 28 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

f) anticipated hearing procedure;
  

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Lit. f) art. Amended 53 of item 28 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

g) other cases expressly provided by law.
  


Article 54 the competence of the judge of the preliminary judge room preliminary judge room is, within its competence, according to the Court: a) check the legality of sending trial ordered by the Prosecutor;
  

b) verifies the legality of administration and the performance of procedural acts by the prosecution;
  

c) settles complaints against solutions to judgment or not delivered in court;
  

d) other situations expressly provided for solves.
  


Section 5 of the criminal investigation bodies and their competence in article 55 of the criminal prosecution Bodies (1) the prosecution are: a) the Prosecutor;
  

b) criminal investigation organs of judicial police;
  

c) criminal investigation bodies.
  

(2) the prosecutors are constituted into public prosecutor's offices who work on and around the courts exercise their powers within the Public Ministry.
  

(3) in criminal proceedings the public prosecutor shall have the following duties: supervises or performs the) criminal proceedings;
  

(b) refer the matter to the judge) rights and freedoms and the Court;
  

c) is engaged in the criminal proceedings;
  

(d) civil action) exercise in cases stipulated by law: e) conclude agreement on admission of guilt under the law;
  

f) formulate and exercise appeals and remedies provided by law against judgments;
  

(g) any other duties) meets the prescribed by law.
  

(4) the functions of the organs of judicial criminal investigation police are carried out by specialised workers of the Ministry of administration and Interior specifically designated in the special provisions of the law, which received the assent of the general prosecutor's Office of the High Court of Cassation and justice, times the opinion of the prosecutor appointed for this purpose.
  

(5) the powers of criminal investigation bodies are met by specific officers appointed in accordance with the law, which received the assent of the general prosecutor's Office of the High Court of Cassation and justice.
  

(6) Criminal Investigation Organs of judicial police and criminal investigation bodies operate special criminal investigation under the direction and supervision of the Prosecutor.
  

The competence of the Prosecutor by article 56 (1) Prosecutor leads and controls the criminal activity directly to the police and judicial criminal investigation special organs, as provided by law. In addition, the Prosecutor shall ensure that the acts of the criminal investigation to be carried out in compliance with legal provisions.
  

— — — — — — — — —-. (1) of article 1. Amended 56 of pct article 29. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) the Prosecutor may perform any act of criminal prosecution in cases which it leads and supervises them.
  

(3) the prosecution shall be carried out compulsorily, by the Prosecutor: a) in the case of offences for which the competence of the Court in the first instance the High Court of Cassation and justice or Court of appeal;
  

b) in the case of offences referred to in articles. 188-191, art. 257, 277, art. 279-283 and article. 289-294 of the penal code;
  

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Lit. b) of paragraph 2. (3) art. 56 was amended by section 5 of art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

c) in the case of crimes committed with intent, which had exceeded as a result of a person's death;
  

d) in the case of offences for which the competence to carry out criminal investigation Division belong to organized crime and terrorism or national anti-corruption Directorate;
  

e) in other cases provided by law.
  

— — — — — — — — —-. (3) art. Amended 56 of pct article 29. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(4) the prosecution if crimes are carried out by the military, the military prosecutor.
  

— — — — — — — — —-. (4) article. Amended 56 of pct article 29. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


(5) Military Prosecutors within the military prosecutor or prosecutors carry out military sections prosecution according to the competence of the public prosecutor's Office, with respect to all participants in committing the crimes committed by the military, are to be the competent court seised under art. 44. — — — — — — — — —-. (5) article. Amended 56 of pct article 29. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(6) the authority which is competent to carry out the time, where appropriate, to lead and supervise the prosecuting attorney of the appropriate court prosecutor who, under the law, the judge at first instance cause except as otherwise provided by law.
  

— — — — — — — — —-. (6) article. 56 was introduced by section 2 of art. III of the EMERGENCY ORDINANCE nr. 3 of 5 February 1970, published in MONITORUL OFICIAL nr. 98 of 7 February 2014.


Article 57 the competence of criminal investigation bodies (1) the criminal investigation of the judicial police shall conduct criminal proceedings for any offence that is not given, by law, within the competence of the organs of criminal investigation or the Prosecutor, as well as in other cases provided by law.
  

(2) the criminal investigation special acts of prosecution pursuant to article only. 55 paragraph 1. (5) and (6), corresponding to the structure of specialisation which, in the case of offences by the military, or in the case of corruption offences and the service provided for in the penal code committed by civilian Navy aircrew, if the deed has placed or could endanger the safety of the ship or shipping times. Also, special criminal investigation bodies can carry out, in the case of offences against national security as provided for in Title X of the criminal code and criminal offences of terrorism, the order of the Prosecutor, the implementation of warrants of survey.
  

— — — — — — — — —-. (2) of article 9. 57 was amended by section 1 of article. From the EMERGENCY ORDINANCE nr. 6 of 11 March 2016, published in MONITORUL OFICIAL nr. 190 of 14 March 2016.


Article 58 (1) Checking the competence of prosecution is obliged to verify the jurisdiction immediately after notification.
  

(2) if the public prosecutor finds that it is unable to carry out or supervise the prosecution, has immediately, by order, remit and sends the fair cause of the competent prosecutor.
  

(3) if the criminal investigation body finds that it is unable to conduct the prosecution, send forthwith cause the Prosecutor exercising supervision, with a view to referral to the competent organ.
  

— — — — — — — — —-. (3) art. Amended 58 of point 30 of article 1. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 59 territorial Expansion (1) When certain acts of prosecution must be carried out outside the territorial RADIUS in which you want to trace, Attorney or, where appropriate, criminal investigation organ may undertake or perhaps their i.c rogatory or by delegation.
  

— — — — — — — — —-. (1) of article 1. 59 was amended by section 6 of article. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(2) in the same localities, Prosecutor or criminal investigation body shall, where appropriate, carry out all acts, even though some of these be met outside its territorial range.
  


Article 60 urgent cases the Prosecutor or criminal investigation body shall, where appropriate, shall be required to carry out criminal acts that do not suffer from procrastination, even if they relate to a question which is not of its competence. Work performed in such cases shall be sent immediately to the competent prosecutor.


Article 61 Acts entered into by some organs of findings (1) whenever there is a reasonable suspicion with respect to committing a crime, shall be obliged to draw up a report about the circumstances observed: a) the bodies of State inspections, other State bodies, as well as public authorities, public institutions and other legal persons governed by public law, in respect of offences constituting breaches of obligations and compliance controls According to the law;
  

(b)) and the control bodies of the public administration authorities, other public authorities, public institutions and other legal persons governed by public law, in respect of offences committed in connection with the service by those under the fold under their control;
  

c) public order and national security offences, noted during his duties as provided by law.
  

(2) the bodies referred to in paragraph 1. (1) have the obligation to take measures for the conservation of the place of the offence and lifting or preservation of material evidence means. In the case of flagrant offences, the same organs have the right to make searches of premises or vehicles, to catch it on făptuitor and present it as soon as the criminal prosecution bodies.
  

(3) where the perpetrator or persons present at the place of the finding were made objections or clarifications of the times have given explanations with regard to the particulars entered in the minutes, the finding required to record them in the report.
  

(4) the acts concluded together with material evidence means shall, without delay, the criminal investigation bodies.
  

(5) the minutes shall be concluded in accordance with paragraph 1. (1) constitutes an act of instituting the criminal investigation bodies and cannot be checked on the path of administrative courts.
  


Article 62 the paperwork completed by the masters of ships and aircraft (1) masters of ships and aircraft are able to do full-body searches or vehicle and to verify the things făptuitorii they have or use them, while ships and aircraft that they command lies outside ports or airports and for the crimes committed on such vessels or aircraft also, given the obligations and rights provided for in art. 61. (2) the acts concluded together with the means of evidence materials shall be submitted to the criminal investigation authorities, as soon as the vessel or aircraft arrives at the first port or airport.
  

(3) in the case of blatant crimes, masters of vessels and aircraft have the right to make searches of premises or vehicles, to catch it on făptuitor and present criminal investigation bodies.
  

(4) the minutes shall be concluded in accordance with paragraph 1. (1) constitutes an act of instituting the criminal investigation bodies and cannot be checked on the path of administrative courts.
  


Common provisions article 63 (1) the provisions mentioned in article 1. 41-47 and 48 apply properly and in the course of criminal proceedings.
  

(2) the provisions of art. 44 para. (2) does not apply in criminal investigation phase.
  

(3) the prosecution of crimes committed under the conditions laid down in article 21. 41 by the prosecution in Vienna court competent to judge the case, if the law otherwise.
  

— — — — — — — — —-. (3) art. Amended 63 of point 31 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(4) the conflict of jurisdiction between two or more prosecutors are resolved by the hierarchically superior prosecutor shared them. When conflict arises between two or more bodies of the criminal investigation, jurisdiction shall be determined by the Prosecutor who exercises supervision over the activity of criminal investigation of these organs. If the Prosecutor does not exercise supervision over the activity of all organs of criminal investigation between that conflict arose, jurisdiction shall be determined by the public prosecutor's Office in Prime district prosecutor whose criminal investigation bodies.
  

— — — — — — — — —-. (4) article. Amended 63 of point 31 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Section 6 of the incompatibility and displacement — — — — — — — — — — Section 6 of Cap. II was introduced by the pct, article 32. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 64 (1), the judge found that the Judge is inconsistent if: a) was representative or advocate for a party or a procedural topic, even in the main other cause;
  

b) is a relative of cranberry, up to the fourth degree inclusive, or is in a different situation from among those referred to in article 1. 177 of the penal code with one of the parties, with the main procedural topics, with their lawyer or representative;
  

c) was an expert or witness in question;
  

d) is the guardian or curator of a party or of a procedural topic;
  

e) performed, concerned, criminal acts or participated in as a Prosecutor, in any proceedings conducted before a judge or a Court of law;
  


f) there is a reasonable suspicion that the impartiality of the judge is affected.
  

(2) may not be part of the same trial judges who completely are spouses, relatives or affine transformation between them, up to the fourth degree inclusive, or is in a different situation from among those referred to in article 1. 177 of the penal code.
  

(3) the judge who participated in the judging a case can no longer participate in prosecuting the same causes in an appeal or retrial after the abolishment of the times decision. disposal
  

(4) the judge rights and freedoms may not participate in the same case, the procedure of preliminary judging room in the background or in appeals.
  

— — — — — — — — —-. (4) article. 64 was modified by point 33 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(5) the judge who participated in the settlement of the complaint against solutions delivered judgment or trial cannot participate in the same case, the judgment in the background or in appeals.
  

— — — — — — — — —-. (5) article. 64 was introduced by the pct, article 34. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(6) a Judge who has voted on a measure subject to appeal may not take part in the resolution of the appeal.
  

— — — — — — — — —-. (6) article. 64 was introduced by the pct, article 34. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 65 the incompatibility of the Prosecutor, criminal investigation, the Assistant magistrate and Registrar (1) the provisions of article 4. 64 para. (1) (a). a)-d) and (f)) shall apply to the Prosecutor and criminal investigation body.
  

(2) the provisions of article 4. 64 para. (1) the magistrate shall apply to the Registrar and Assistant.
  

(3) the provisions of article 4. 64 para. (2) apply to the Prosecutor and magistrate Assistant or, where applicable, to the Registrar, when the cause of incompatibility exists between them, or between any of them and the judge of rights and freedoms, the judge for preliminary Chamber or one of the members of the Panel.
  

(4) the Prosecutor who has participated as a judge in a case may not, in the same case, to pursue criminal prosecution function or make conclusions in the judgment that causes in first instance and in appeal.
  

— — — — — — — — —-. (4) article. 65 has been modified by item 35 of article. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 66 Abstentions (1) any person shall be bound to declare it incompatible, as appropriate, the President of the Court, the Prosecutor who oversees prosecution or hierarchically superior prosecutor that he desist of participating in the criminal process, incompatibility with the brightness of the case and the grounds for which is the reason for the failure.
  

(2) the Declaration of abstention is made as soon as the person liable for it became aware of the existence of the case of incompatibility.
  


Article 67 Objection (1) if the person did not make inconsistent statement by abstaining, the main parties to the trial subjects, or the Prosecutor may make application for objection as soon as they found out about the existence of the case of incompatibility.
  

(2) the application for objection against the person are formulated only within the criminal investigation body, the Prosecutor or judge who performs activities in question. The judge's objection is inadmissible or the prosecutor called in to rule on the challenges.
  

(3) the provisions of paragraphs 1 and 2. (2) shall apply correspondingly in case of objection, the magistrate Assistant and Registrar.
  

(4) the application for objection shall be formulated orally or in writing, showing, for each individual, the incompatibility of the grounds invoked and actually known at the time of the grant application. Application of objection formulated orally shall be recorded in a report and, where appropriate, the conclusion of the hearing.
  

— — — — — — — — —-. (4) article. Amended 67 of item 36 of article 1. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(5) failure to comply with the conditions laid down in paragraph 1. (2) to (4) or a request for wording objection against the same person for the same case of incompatibility with the same grounds on which it relies in a previous request of objection, which was rejected, opposed the application draws objection. It is found that the Prosecutor or Panel before which was made the request of objection.
  

(6) the judge of freedoms, rights and the judge of preliminary or room in front panel which formulated the objection, with the participation of judge recuzat, to pronounce on the preventive measures.
  


Article 68 the procedure to resolve the failure or objection (1) Abstention or challenge the judge rights and freedoms and that the judge of the preliminary room deciding by a judge of the same court.
  

(2) the judge who challenge or Abstention is part of the Panel of judges deciding another completely.
  

(3) no objection or Abstentions magistrate Assistant shall be settled by the Panel of judges.
  

(4) the Registrar shall be Abstaining or objection from ecologic judge rights and freedoms, the judge for preliminary Chamber or, where appropriate, the Panel of judges.
  

(5) the resolution of the failure or the challenges is made not later than 24 hours in the Council Chamber. If necessary to resolve the application considers the judge or Panel of judges, where appropriate, may carry out any checks and can listen to the trial Prosecutor, main subjects, the parties and the person who abstains or whose objection is requested.
  

(6) in the event of failure or for objecting, will determine to what extent the acts done times measures provided they maintain.
  

(7) the conclusion whereby it solves no objection times abstaining shall be subject to any appeal.
  

(8) when the settlement failure or objection may not be appointed a judge in the same court or courts, if organized by sections, within the same wards nor within a section with the same specialization, application resolves a judge of the superior court.
  

— — — — — — — — —-. (8) article. 68 was amended by point 7 of article. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(9) to the courts which are not organized into wards, where abstention is permitted or objection and cannot appoint a judge of the Court of competent jurisdiction for the resolution of the case, the judge of the superior court shall designate another instance of equal degree with the Court before which it was worded declaration of abstention or objection, in Vienna the same courts of appeal or of a Court of appeals 2nd Circuit.
  

— — — — — — — — —-. (9) article. 68 was amended by point 7 of article. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.
(9 ^ 1) Where no objection shall be allowed if abstention or Court of competent jurisdiction for the resolution of the case is organized on the wards and cannot appoint a judge from the corresponding section of this Court, the case shall be carried out by another section of the same court, which has the same specialization. If there is a section with the same specialization, judge of the higher court designates another instance of equal degree with the Court before which it was worded declaration of abstention or objection, in Vienna the same courts of appeal or of a Court of appeals 2nd Circuit.
— — — — — — — — —-. (9 ^ 1), art. 68 was introduced by section 8 of article. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(10) the provisions of paragraphs 1 and 2. (7)-(9 ^ 1) apply properly and if the resolution of the failure or the judge's objection, which is part of the Panel of judges.
  

— — — — — — — — —-. (10) of article 1. 68 was amended by point 9 of article. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Article 69 the procedure to resolve the failure, or the person making the objection, the prosecution (1) Upon failure or the person making the objection, the prosecution shall decide who oversees Criminal Prosecutor.
  

(2) the application for objection is addressed to either person recuzate, either to the Prosecutor. Where the request is addressed to the person carrying out the penal pursuit, it is obliged to submit necessary along with what you need, within 24 hours, the Prosecutor, without interrupting the course of prosecution.
  

— — — — — — — — —-. (2) of article 9. Amended 69 of point 37 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) no objection or abstentions Attorney settles within 48 hours by Ordinance which is not subject to any appeal.
  


(4) in the event of failure or for objecting, will determine to what extent the acts done times measures provided they maintain.
  


Article 70 the procedure to resolve the failure or objection of the Prosecutor (1) throughout the criminal process, upon failure or objection, the Prosecutor stands hierarchically superior prosecutor.
  

(2) the Declaration of abstention or request objection shall, under penalty of inadmisibilităţii, the hierarchically superior prosecutor. That is established by the Prosecutor, judge or Panel before which was made the request of objection.
  

(3) the Prosecutor hierarchically superior resolves the application in 48 hours.
  

(4) hierarchically superior Prosecutor shall decide by Ordinance which is not subject to any appeal.
  

(5) the Prosecutor may participate in the settlement recuzat of the request regarding the preventive measure and may perform acts or have any measures which justifies the urgency.
  

(6) in the event of failure or for objecting, will determine to what extent the acts done times measures provided they maintain.
  


Article 71 Basis about the High Court of Cassation and justice strămută a reason prosecution from the competent appellate court to another appeals court, and the judgment of the Court of appeal of strămută a case to a court or, where appropriate, to a court in Vienna to another court of the same grade from his constituency, when there is a reasonable suspicion that the impartiality of the judges of the Court is affected due to the circumstances of the case quality parts, times when there is a risk of disturbance to public order. Displacement resulting from a cause from a competent military court to another court of the same military-grade ordering military court of appeal, the provisions of this section concerning the displacement resulting from the case by the competent court of appeal being applicable.
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Art. amended 71 of point 38 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 72 request for resettlement and the effects thereof (1) Expulsion may be requested by the parties, the injured party or the public prosecutor.
  

— — — — — — — — —-. (1) of article 1. 72 was modified by paragraph 10 of article 10. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(2) the application shall be submitted to the Court where it asks to be transferred and shall include a statement of the grounds of the removals, as well as motivation in fact and in law.
  

(3) The application shall be annexed to pleadings on which it is based.
  

(4) the application shall make mention if the defendant is subject to preventive measures.
  

(5) the application shall be submitted without delay to the High Court of Cassation and justice, or to the competent court of appeal along with the records.
  

— — — — — — — — —-. (5) article. amended 72 of point 39 of article. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(6) the High Court of Cassation and justice or Court of appeal may request information from the President of the Court from which it calls displacement or hierarchically superior to that Court's President in which lies the cause whose resettlement is required, giving at the same time the deadline for prosecuting application for resettlement. When the High Court of Cassation and justice is superior court, information is requested from the President of the Court of appeal that lies the cause whose resettlement is required. When the competent court of appeal is the Court information is superior, urge the President of the Tribunal on which lies the cause whose resettlement is required.
  

— — — — — — — — —-. (6) article. amended 72 of point 39 of article. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(7) if the application is on the same displacement question can no longer be made a new application for the same reasons.
  

(8) the introduction of an application for resettlement shall not suspend the proceedings.
  


Article 73 procedure for resolution of the request for resettlement (1) Settlement demand for resettlement is made in open court, with the participation of the Prosecutor, within 30 days from the date of registration of the application.
  

(2) the President of the Court to which the hierarchy above that lies the cause to încunoştinţarea the parties of the introduction of an application for resettlement, about the deadline for its settlement, noting that the parties can submit memories and can be presented at the deadline for resolution of the request.
  

(3) The information sent to the High Court of Cassation and justice or the Court of appeal shall make express mention about încunoştinţărilor, attaching and proofs of their communication.
  

— — — — — — — — —-. (3) art. Amended 73 of point 40 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(4) failure of the parties does not prevent the settlement of the claim. Where the defendant is in a State of preventive detention or house arrest, the High Court of Cassation and justice or Court of appeal may dispose bringing it to the judgment of resettlement, if it considers that its presence is necessary to resolve the request.
  

— — — — — — — — —-. (4) article. Amended 73 of point 40 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(5) the High Court of Cassation and justice or the competent court of appeal granted the word party that made the request of resettlement, other parties present, as well as Prosecutor. If the Prosecutor made the request, he shall be granted to the first word.
  

— — — — — — — — —-. (5) article. Amended 73 of point 40 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 74 the resolution of application (1) the High Court of Cassation and justice or the competent court of appeal adjudicates an application for resettlement through the sentence.
  

— — — — — — — — —-. (1) of article 1. Amended 74 of point 41 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) if the application finds founded, the High Court of Cassation and Justice has to cause displacement resulting from an appellate court adjoining the Court in which the displacement, and the appellate court has the case to be transferred to the prosecution one of the instances of the same grade with the Court requesting to be transferred from his constituency.
  

— — — — — — — — —-. (2) of article 9. Amended 74 of point 41 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) the High Court of Cassation and justice or competent court of appeals decides to what extent the acts done before the Court from which it was displaced.
  

— — — — — — — — —-. (3) art. Amended 74 of point 41 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(4) the Court from which it was displaced, as well as cause the Court to cause will be notified immediately about the admission application for resettlement.
  

(5) if the Court from which it was displaced in the meantime cause proceeded to the proceedings, judgment is disbanded by the effect of acceptance of an application for resettlement.
  

(6) the sentence referred to in paragraph 1. (1) is not subject to any appeal.
  


Other provisions of article 75 (1) After the cause of displacement, complaints and other appeals courts are judges of the District Court referred to the cause.
  

(2) the provisions of art. 71 to 74 shall apply accordingly in the preliminary procedure room.
  

— — — — — — — — —-. (2) of article 9. Amended 75 of point 42 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) When ordering the displacement during the procedure of preliminary proceedings room is carried out by the Court to the cause, and the Prosecutor who has been returned to the folder, if the sending has again sued, the Court will refer all that moved to the cause, except that it no longer has jurisdiction.
  

— — — — — — — — —-. (3) art. Amended 75 of point 11 of article 1. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(4) where the displacement resulting from the appeal the appeal, retrial, in case of non-sentence reference toward retrial, will be performed by the appropriate court in grade 10th who settled in Vienna to that Fund, which was to cause, indicated by the decision to dismantle.
  

— — — — — — — — —-. (4) article. Amended 75 of point 42 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 76 Designation to another court for proceedings


(1) the Prosecutor who conducts or supervises the prosecution may apply to the High Court of Cassation and justice shall designate another appeals court than that which it would return to the jurisdiction of the jurisdiction at first instance to be notified where it will issue rechizitoriul.
  

(2) the Prosecutor who conducts or supervises the prosecution may request the competent court of appeal to appoint another tribunal or, as the case may be, a different court than the one to which it would return to the jurisdiction to jurisdiction at first instance to be seised where rechizitoriul will be issued.
  

(3) the provisions of article 4. 71 shall apply accordingly.
  

(4) the High Court of Cassation and justice or the competent court of appeal adjudicates the request in Council Chamber within 15 days.
  

(5) the High Court of Cassation and justice or the competent court of appeal has, by a reasoned conclusion, either dismiss the application, whether the admission application and designation of an authority equal in grade to that which it would return to the jurisdiction of the jurisdiction at first instance to be notified where it will issue rechizitoriul.
  

(6) Conclusion through which the High Court of Cassation and justice or the competent court of appeal adjudicates the request is not subject to any appeal.
  

(7) in the case of rejection of the application for designation to another court for proceedings brought in that same question can no longer be made a new application for the same reasons.
  

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Art. Amended 76 of point 43 of article. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Chapter III trial Subjects and their rights Article 77 Suspect Person with regard to whom, from existing data and samples resulting in involved, reasonable suspicion that he has committed a criminal offence provided for by the law is called suspicious.


Article 78 the suspect's Rights Suspect has the rights provided for by law, for the defendant, if the law does not stipulate otherwise.


Article 79 the person aggrieved Person who has suffered an injury which is physical, material or moral development is called through a criminal offence of the injured person.


Article 80 appointment of a representative of persons injured (1) in the event that concerned there are a large number of injured persons who do not have opposites, these interests may designate a person to represent the interests of the criminal proceedings. Where the injured persons have not appointed a common representative, for the proper conduct of the criminal trial, the Prosecutor or the Court may designate, by order, by a reasoned conclusion, a lawyer ex officio to represent their interests. Conclusion or order will be communicated to the persons injured, which must încunoştinţeze within 3 days from receipt of the communication, the Prosecutor or court if they refuse to be represented by counsel appointed ex officio. All documents disclosed or representative which representative has knowledge are presumed to be known to the persons represented.
  

— — — — — — — — —-. (1) of article 1. 80 was modified by item 44 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) the representative shall exercise all the rights of injured persons recognised by the law thereof.
  


The injured person's Rights article 81 (1) in criminal proceedings, the aggrieved person shall have the following rights: the right to be) informed of his rights;
  

b) proposes the use of evidence by judicial bodies to raise exceptions and conclusions;
  

c) right to formulate any further requests concerning the settlement of the criminal side of the case;
  

d) right to be informed, within a reasonable time, of the prosecution stage, at his request, provided explicit to indicate an address on the territory of Romania, an e-mail address or electronic messaging, in which this information should be communicated;
  

e) the right to consult the dossier according to the law;
  

f) the right to be heard;
  

g) right to address questions the accused, witnesses and experts;
  

g ^ 1) right to free of charge by an interpreter when you do not understand, do not express themselves well or cannot communicate in Romanian language. In urgent cases we can use technical means of communication, if it considers that this is necessary and that does not prevent the exercise of the rights of the injured person;
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Lit. g ^ 1) para. (1) of article 1. Amended 81 of point 12 of article 4. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.
g ^ 2) to communicate the translation in a language which he understands of any delivered solutions to court when you don't understand Romanian language;
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Lit. g ^ 2) of para. (1) of article 1. 81 was introduced by the pct, article 13. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

h) the right to be assisted or represented by a lawyer;
  

I) the right to have recourse to a mediator, in the cases permitted by law;
  

j) other rights provided by law.
  

(2) a person who has suffered an injury which is physical, material or moral through a criminal offence for which the criminal proceedings shall be in motion on its own initiative and that it does not wish to participate in criminal proceedings must notify the judicial body, which, if it considers it necessary, he will be able to hear as a witness.
  

— — — — — — — — —-. (2) of article 9. 81 was introduced by the pct, article 46. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Chapter IV rights of the defendant and its Article 82 the defendant the person against whom it was put in motion criminal proceedings becomes part in criminal procedure and is called the defendant.


Article 83 the rights of the accused during the criminal trial, the defendant shall have the following rights: a) the right not to give any statement during the criminal trial, attracting the attention that if you refuse to give statements will not suffer any adverse consequence, and if you give these statements could be used as evidence against him;
  

the ^ 1) right to be informed of the deed for which classification is sought and legal;
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Lit. the ^ 1) article. 83 introduced item 47 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

b) the right to consult the dossier, in accordance with the law;
  

c) the right to have a lawyer, and if elected will not appoint one, in cases of mandatory assistance, the right to appoint a lawyer ex officio;
  

d) right to propose taking samples under conditions stipulated by law, to raise exceptions and conclusions;
  

e) right to formulate any other requests pertaining to settling criminal and civil side of the case;
  

f) right to free of charge by an interpreter when you do not understand, do not express themselves well or cannot communicate in Romanian language;
  

g) the right to have recourse to a mediator, in the cases permitted by law;
  

g ^ 1) right to be informed of his rights;
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Lit. g ^ 1) article. 83 introduced item 48 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

h) other rights provided by law.
  


Chapter V rights of its civilian Side and Article 84 civil Part (1) any person who exercises civil action in criminal proceedings is a party in the criminal trial and called civil party.
  

(2) Have the status of civil party and the injured person's successors, if exercised civil action in criminal proceedings.
  


Article 85 of the Civil Rights Party (1) during the criminal trial, the civil rights provided for in article 10. 81. (2) the capacity of the civil party of the person who has suffered an injury through infringement does not remove the right of that person to participate in the capacity of an injured person in the same case.
  

— — — — — — — — —-. (2) of article 9. Amended 85 of item 49 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) the provisions of article 4. 80 properly applies where there are a huge number of civil parties.
  


Chapter VI the party responsible for its rights Article civilmente 86 party responsible person according to civilmente civil law, legal or conventional obligation to fix it in whole or in part, alone or severally, damages caused by crime and called to answer in part is in the criminal trial and is called part responsible civilmente.
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Art. 86 was changed from point 50 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 87 Rights party responsible civilmente (1) during the criminal trial, the party responsible for rights referred civilmente art. 81.
  


(2) rights shall be exercised by the party responsible for the limits civilmente and in order to settle the civil action.
  


Chapter VII, The Lawyer. Legal assistance and representation Article 88 (1) Attorney Lawyer assists or represents, in criminal proceedings, the parties to the trial subjects, times.
  

(2) there may be a lawyer or a procedural topic: a) spouse up to the relative times IV with the Prosecutor or with the judge;
  

b) witness quoted;
  

c) at which he participated in the same case as a judge or Prosecutor;
  

d) another party or another procedural topic.
  

(3) the lawyer chosen or appointed ex officio shall be obliged to provide legal assistance to the parties or to the trial subjects.
  

— — — — — — — — —-. (3) art. 88 was modified by item 51 of article. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(4) the parties to the trial subjects or interests contrary to the principal cannot be assisted or represented by the same lawyer.
  

— — — — — — — — —-. (4) article. 88 was modified by item 51 of article. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 89 the legal assistance of the suspect or the accused (1) the suspect or defendant has the right to be assisted by one or more attorneys throughout the criminal proceedings, the procedure of preliminary room and of judgment, and the judicial organs are required to bring them to his attention. Legal assistance is provided when at least one of the lawyers present.
  

(2) any person detained or arrested has the right to get in touch with a lawyer, confidentiality of communications, in compliance with the required measures of Visual surveillance, safety and security, without being intercepted or recorded conversation between them. Evidence obtained in violation of this paragraph shall be excluded.
  


Article 90 the legal assistance of the accused or the suspect's legal assistance is mandatory: a) when the defendant is a minor, or suspect, hospitalized in a detention centre or in an educational center, when he is detained or arrested, even in another question, when compared to this measure has been ordered to stay safe, even in other medical cause, and in other cases provided by law;
  

b) where a judicial body that the suspect did not fold the defendant could do alone defending;
  

c) during the preliminary proceedings in the Commons and in the course of the judgment in cases where the law provides for punishment for the crime committed on life imprisonment or jail more than 5 years.
  

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Lit. c) art. 90 has been amended by point 14 of article. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Ex-officio Lawyer article 91 (1) in the cases referred to in article 1. 90 if the suspect or the accused has not chosen a lawyer, the judicial organ shall make arrangements for the appointment of a counsel ex officio.
  

(2) throughout the criminal process when legal aid is compulsory, if the lawyer chosen does not ensure unjustified, lacking substitution or unjustifiably refuses to engage in defence, although it was assured the exercise of all rights, the judicial organ shall take procedural steps for the appointment of a lawyer ex officio to replace, with a reasonable period of time and facilities needed to prepare an effective defense, making mention thereof in the minutes of the time where appropriate, the conclusion of the hearing. In the course of the judgment, when legal aid is compulsory, if the lawyer chosen by the missing or wrongly, does not provide for substitution or refuse to carry out the defense, although exercise has been provided to all procedural rights, the Court shall make arrangements for the appointment of a lawyer ex officio to replace, granting him a time limit of not less than 3 days to prepare the defense.
  

— — — — — — — — —-. (2) of article 9. 91 was amended item 52 of article. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) the advocate of the designated Office is required to be presented whenever requested by the judicial organ, providing a concrete and effective defense in question.
  

— — — — — — — — —-. (3) art. 91 was amended item 52 of article. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(4) the Defender's Delegation ex officio shall cease upon presentation of the Defender.
  

(5) If the proceedings the lawyer is missing and cannot be replaced under the terms of paragraph 1. (2) the cause is delayed.
  


Article 92 the suspect's lawyer and the defendant's rights — — — — — — — — — — the name marginal art. Amended 92 of point 53 of article. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(1) during the criminal investigation, the suspect's lawyer or the accused has the right to participate in the carrying out of any criminal act, with the exception of: a situation in which it is) uses special methods of surveillance research, referred to in the times's head. IV of title IV;
  

b) or vehicles to be searched in the case of flagrant offences.
  

— — — — — — — — —-. (1) of article 1. Amended 92 of point 54 of article. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) the suspect or the defendant's attorney may ask to be încunoştinţat the date and time of the criminal act or hearing conducted by the judge of rights and freedoms. Încunoştinţarea shall be made by notification by e-mail, fax, telephone or by other means, ending in this sense a report.
  

(3) the absence of the lawyer shall not preclude the making of criminal investigation or hearing, if there is evidence that it was încunoştinţat under the conditions of paragraph 1. (2) and (4) the advocate of the suspect or the accused has also the right to participate in the hearing of any person by the judge of freedoms, rights and duties to formulate complaints, requests and memoirs.
  

(5) in the case of domiciliary performance of detainment, încunoştinţarea referred to in paragraph 1. (2) it can be done and after the presentation of the prosecution at the domicile of the person to be percheziţionată.
  

(6) where the suspect's counsel or the defendant is present at the execution of a criminal act, it makes mention of it and any objections, and formulated the Act is signed.
  

— — — — — — — — —-. (6) article. Amended 92 of point 54 of article. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(7) during the preliminary procedure room and in the course of the judgment, the lawyer shall have the right to consult the file acts to assist the accused, to exercise procedural rights, to submit complaints, requests, pleadings, exceptions and objections.
  

— — — — — — — — —-. (7) article. Amended 92 of point 54 of article. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(8) the suspect or the defendant's Attorney is entitled to receive the necessary time and facilities to prepare a defence.
  


Article 93 legal aid to the injured person, the civil party and the party responsible civilmente (1) in the course of the prosecution, the injured person's lawyer, civil party or party responsible civilmente is entitled to be, pursuant to article încunoştinţat. 92 para. (2) to assist in the performance of any act of prosecution pursuant to article. 92, the right to consult the file and acts to formulate requests and making memories. The provisions of article 89 para. (1) shall apply accordingly.
  

— — — — — — — — —-. (1) of article 1. 93 has been amended item 55 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) the injured person's lawyer, civil party or party responsible civilmente entitled under article 13. 92 para. 8. (3) in the course of the judgment, the lawyer of the person injured, civil party or party responsible civilmente exercises the rights of the person assisted, except that it is engaged in the staff, and the right to consult the dossier paperwork.
  

(4) legal assistance is compulsory when the injured person or any person civil side lacking in exercise capacity or capacity to exercise.
  

(5) When a judicial organ considers that for some reason the injured party, the civil side or party responsible civilmente could not do alone, defense measures for the appointment of a counsel ex officio.
  


Article 94 Consultation dossier (1) counsel for the parties and the main trial subjects shall have the right to request the consultation dossier throughout the criminal process. This right cannot be exercised nor restrained improperly.
  

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Paragraphs 1 and 2. (1) of article 1. Amended 94 of point 56 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) Consultation dossier assumes the right to study its laws, the right to recover data or information from the files, as well as to get photocopies at the expense of the customer.
  

(3) in the course of criminal proceedings, the Prosecutor shall set the date and the duration of the consultation within a reasonable period of time. This right can be a delegate of the criminal investigation.
  

— — — — — — — — —-. (3) art. Amended 94 of point 56 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(4) in the course of criminal proceedings, the Prosecutor may restrict the consultation dossier, if motivated this could prejudice the proper conduct of the prosecution. After setting in motion the criminal action, the restriction may be available for a maximum of 10 days.
  

— — — — — — — — —-. (4) article. Amended 94 of point 56 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(5) in the course of criminal proceedings, the Attorney has an obligation to keep the confidentiality or secrecy of data and documents of which he is aware on the occasion of the consultation dossier.
  

(6) in all cases, the lawyer may not be restricted right to consult party or statements of the principal procedural topic that assisting the times it represents.
  

(7) in order to prepare the defence, counsel for the accused shall be entitled to take cognizance of the entire material for the prosecution in proceedings conducted before the judge of rights and freedoms relating to custodial measures or restrictive rights, to which the lawyer participates.
  

(8) the provisions of this article shall apply accordingly with regard to the right of the parties to the trial subjects and to consult with the main folder.
  

— — — — — — — — —-. (8) article. 94 was introduced by article 57, point. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 95 Right of complaint (1) the Attorney shall be entitled to make a complaint, under art. 336-339 (2) in the cases referred to in article 1. 89 para. (2), art. 92 para. (2) and article 3. 94, the hierarchically superior prosecutor is obliged to settle the complaint and to communicate the solution, as well as the reasons therefor, no later than 48 hours.
  


Article 96 Representation during the criminal trial, the suspect, defendant, the other party, and any person aggrieved can be represented, except where their presence is compulsory or is assessed as being required by the Prosecutor, the judge or the Court, as appropriate.


Title IV evidence, evidence and proof procedures Chapter I General rules Article 97 Sample and means of proof (1) Constitute evidence of any factual element which serves the existence or nonexistence of a crime, to identify the person who committed it, and the knowledge of the circumstances necessary for the fair resolution of the case and that contribute to finding out the truth in the criminal trial.
  

(2) the sample is obtained in criminal procedure by the following means: (a) the suspect or statements) of the defendant;
  

(b) the injured person's statements);
  

c civil party or statements) of the party responsible civilmente;
  

d) witness statements;
  

e) records, expert reports or findings, reports, photos, sample material means;
  

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Lit. s) para. (2) of article 9. 97 has been amended item 58 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

f) any other evidence which is not prohibited by law.
  

(3) the process of evidence is a legal method of obtaining the sample.
  

— — — — — — — — —-. (3) art. 97 was introduced by the pct, article 59. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 98 of the subject Constitutes sample of probation: a) the existence of the crime and her commitment to the defendant;
  

facts concerning b) civil liability when there are civil party;
  

(c) the facts and circumstances) actually depends on law enforcement;
  

d) every circumstance necessary for fair resolution of the case.
  


Article 99 (1) burden of proof In criminal proceedings the onus belongs mainly to the Prosecutor, and the civil party in civil action or, as the case may be, the Prosecutor pursuing civil action where the aggrieved person is lacking in exercise capacity or capacity to exercise.
  

(2) the suspect or defendant shall enjoy the presumption of innocence, he was not obliged to prove his innocence, and has the right not to contribute to his own indictment.
  

(3) in criminal procedure, the injured person, the suspect and the parties have the right to propose judicial administration.
  


Article 100 (1) Administration samples during criminal prosecution, collect and administer samples both in favor and against the suspect or defendant, ex officio or at request.
  

(2) in the course of the judgment, the Court, at the request of the Prosecutor operates the probe, the person injured or to the parties and, in a subsidiary way, ex officio, when it considers it necessary for the formation of his conviction.
  

(3) the request for the provision of evidence in the course of criminal proceedings or of a judgment shall be admissible or reject, motivated by the judicial organs.
  

— — — — — — — — —-. (3) art. 100 was modified by item 60 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(4) judicial Bodies may reject an application for the management of samples when: a) the sample is not relevant in relation to the subject of proof;
  

b) estimated to prove the element of which is the subject of the sample were given sufficient evidence;
  

c) sample is not required, whereas the fact is notorious;
  

d) sample is unobtainable;
  

(e) the request was made) to a person or registered;
  

f) administering the sample is contrary to law.
  


Article 101 the principle of loyalty management of evidence (1) is off to be employ violence, threats or other means of coercion, as well as promises or exhortations in order to obtain evidence.
  

(2) cannot be used for methods or techniques of obedience which affects the person's ability to remember and to tell about consciously and voluntarily facts covered by the sample. This prohibition applies even if the person heard gives consent to the use of such methods or techniques for listening.
  

(3) it is prohibited to judicial organs for criminal or other persons acting for it to cause a person to continue working or committing a criminal offences, in order to obtain a sample.
  


Article 102 to exclude evidence obtained in a wrongful manner (1) Evidence obtained through torture, and the evidence derived from them cannot be used in criminal proceedings.
  

(2) Samples obtained in the wrongful manner cannot be used in criminal proceedings.
  

(3) the nullity of the instrument by which it was ordered or authorized the administration of evidence or that it was determined to exclude the sample.
  

— — — — — — — — —-. (3) art. 102 amended item 61 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(4) the evidence shall be excluded if derivatives were obtained directly from samples obtained in wrongful manner and could not be obtained otherwise.
  

(5) Repealed.
  

— — — — — — — — —-. (5) article. 102 was repealed by article 62 point. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 103 (1) assessment of samples Samples do not have a value in advance established by law and are subject to the freedom of judicial appraisals in the assessment of all administered in question.
  

(2) In deciding upon the existence of the offence and the guilt of the defendant the Court decides, with reference to the motivated all the samples to be evaluated. Condemnation of ordering only when the Court believes that the accusation was proven beyond a reasonable doubt.
  

(3) a judgment of conviction, sentencing of waiver or deferment of the application of the death penalty cannot be found in the decisive measure on statements the investigator, of employees of times witnesses protected.
  

— — — — — — — — —-. (3) art. amended 103 of point 63 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Chapter II persons Hearing section 1 General rules governing the hearing of persons Article 104 Persons interviewed during criminal trial

During the criminal trial, as provided by law, the following persons can be heard: the suspect, the defendant, the injured party, the civil party responsible civilmente, witnesses and experts.


Article 105 the hearing through an interpreter (1) whenever the person heard does not understand, speak or do not express themselves well in the Romanian language, hearing is done through an interpreter. The interpreter can be designated by judicial bodies or chosen by the parties, any person aggrieved of the interpreters, according to the law.
  

(2) exceptionally, in the event that there is a need of an urgent procedural steps or if you cannot provide an interpreter, hearing can take place in the presence of anyone who communicates with at judicial body, but with an obligation to resume the hearing through an interpreter as soon as this is possible.
  

(3) if the person is deaf, hearing or deaf moves moves, the hearing shall be made with the participation of a person who has the ability to communicate through language. In this situation the communication can be done and in writing.
  

(4) in exceptional cases, if it is not present on an authorised person who can communicate through special language, and communication may be made in writing to the hearing of the persons specified in paragraph 2. (3) shall be made by means of any person who has skills in communication, paragraph 1. (2) by applying it properly.
  

— — — — — — — — —-. (4) article. 105 was amended item 64 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 106 special rules on wiretapping (1) If, during the hearing of a person, it shows signs of excessive fatigue or symptoms of an illness that affects his mental capacity or natural to participate in obedience, obedience to the judicial organ and the interruption has, where appropriate, take measures to ensure that the person to be examined by a doctor.
  

(2) a person in detention can be heard at the site of ownership by videoconference, in exceptional cases and if the judicial body considers that this does not prejudice the proper conduct of the parties ' rights and interests of the times.
  

(3) in the case referred to in paragraph 1. (2) if the person heard shall be located in any of the situations referred to in article 1. 90, hearing cannot take place only in the presence of a lawyer present at the place of detention.
  

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Art. 106 amended item 65 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Section 2 of the suspect or defendant Hearing Article 107 queries about the suspect or the accused person (1) at the start of the first hearing, the judicial organ shall address to the suspect or defendant questions relating to name, surname, full name, date and place of birth, social security number, name and surname of parents, citizenship, marital status, occupation, education, military times work, occupation, place of residence and address of where he lives and the address to which it wishes to be notified documents criminal history, or whether it is being conducted against another criminal trial, if requesting an interpreter if you do not speak or understand Romanian language cannot express times, as well as any other data in order to establish his or her personal situation.
  

— — — — — — — — —-. (1) of article 1. 107 amended item 66 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) Inquiries under paragraph 1. (1) shall be repeated at subsequent hearings only when judicial body deems it necessary.
  


Article 108 Communication Rights and obligations (1) the judicial Organ shall notify the suspect or defendant in quality that is heard, the deed provided by the law for committing a criminal offence is suspected or has been put in motion criminal proceedings and its legal classification.
  

(2) the suspect or accused shall be notified to the rights provided for in art. 83, and the following obligations: a) the obligation to submit to the judicial bodies, drawing calls him that, in the case of failure to comply with this obligation, may be issued a mandate to bring against him, and in the case of theft, the judge may order preventive arrest;
  

b) is required to communicate in writing, within 3 days of any change of address, luring the attention that, in the case of failure to comply with this obligation, summonses and other documents communicated to first address shall remain valid and shall be deemed that took them to their attention.
  

(3) in the course of criminal proceedings, before the first hearing of the suspect or defendant, shall be notified to the rights and obligations provided for in paragraph 1. 2. These rights and obligations and shall notify in writing under hand, and where there may be times refuses to sign, will conclude a protocol.
  

— — — — — — — — —-. (3) art. 108 was amended item 67 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(4) the judicial Organ should bring to the attention of the accused the possibility of concluding, during criminal proceedings, of an agreement as a result of guilt, and in the course of the judgment the opportunity to benefit from a reduction of the penalty prescribed by law, as a result of recognition of accusations.
  

— — — — — — — — —-. (4) article. 108 was introduced by the pct. of article 68. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 109 listening mode (1) upon satisfaction of the provisions of article 3. 107 and 108, the suspect or the defendant is allowed to declare everything he wants regarding the deed provided by the criminal law which has been notified, after which i can ask questions.
  

(2) the suspect or defendant has the right to consult with counsel both prior to and during the hearing, and the judicial organ, when it considers it appropriate, may allow him to use scraps and notes.
  

(3) during the hearing, the suspect or the defendant may exercise the right to silence in respect to any of the facts about the circumstances that is the times asked.
  

— — — — — — — — —-. (3) art. 109 amended item 69 art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 110 (1) statements Recorded the statements of the suspect or accused shall be recorded in writing. The statement shall be recorded during the listening questions, mentioning who it has formulated, and it mentions every time start time and the time of the completion of obedience.
  

— — — — — — — — —-. (1) of article 1. 110 was amended item 70 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) if it is agreed with the content of the written declaration, signed by the defendant or suspect. If the suspect or the defendant has made additions, corrections, clarifications, these times are indicated in the final Declaration, followed by the signature of the suspect or the accused.
  

(3) When the suspect or defendant is unable or refuses to sign, the judicial organ shall record the fact in his written statement.
  

(4) the written Statement shall be signed and the prosecution which proceeded to hearing the suspect or the accused, the judge rights and liberties whenever the presiding court and the Registrar, the suspect's lawyer, the defendant, the injured person, civil party or party responsible civilmente, if they were present, as well as interpreter when the statement was made through an interpreter.
  

— — — — — — — — —-. (4) article. 110 was amended item 70 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(5) during the criminal investigation, suspect or defendant hearing must be recorded with the audio technical means or mediums. When recording is not possible, this shall be recorded in the statement of the suspect or the accused, together with an indication of the reason for which the registration was not possible.
  


Section 3 of the Hearing to the person injured, the civil party and the party responsible civilmente Article 111 mode of hearing of the person injured (1) at the start of the first hearing, the judicial organ shall be addressed to the injured person's questions. 107, which properly applies.
  

(2) the injured Person shall be aware of the following rights and obligations: a) the right to be assisted by counsel, and in cases of obligatory assistance, the right to appoint a lawyer ex officio;
  

b) the right to have recourse to a mediator in cases permitted by law;
  

(c)), the Administration proposes to raise exceptions and conclusions, as provided by law;
  

d) right to be încunoştinţată with respect to conduct of proceedings, the right to make a complaint, as well as the right to constitute civil party;
  

e) is required to be present at the judicial organs callings;
  


f) is required to communicate any change of address;
  

g) repealed;
  

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Lit. g) of paragraph 1. (2) of article 9. 111 was deleted from point 71 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) the provisions of article 4. 109 paragraph 1. (1) and (2) and of article 23. 110 shall apply accordingly.
  

(4) in the prosecution, the injured person's hearing is recorded by technical means or mediums, when the prosecution considers to be necessary or when the injured party has requested this explicitly, and the recording is possible.
  

(5) the person injured shall be made at the first hearing that, if the defendant will be deprived of liberty, respectively, sentenced to a penalty involving deprivation of liberty, may be informed of any release or escape into it.
  

— — — — — — — — —-. (5) article. 111 has been amended point 15 of article 2. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(6) In the case of those injured has been established according to the law the existence of specific needs of protection, judicial body may order one or more of the following measures, where possible and when it considers that it does not prejudice the proper conduct of the parties ' rights and interests of the times: a) hearing them in premises designed or adapted for this purpose;
  

b) hearing them through or in the presence of a psychologist or a specialist in advising victims;
  

c) hearing them, and their eventual reaudiere is done by the same person, if this is possible and if the judicial body considers that this does not prejudice the proper conduct of the parties ' rights and interests of the times.
  

— — — — — — — — —-. (6) article. 111 was introduced by paragraph 16 of article. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(7) the hearing of criminal investigation bodies of injured persons who were victims of the crime of domestic violence, provided for in art. 199 of the penal code, the crime of rape, sexual assault, sexual act with a minor and sexual corruption of minors as laid down in art. 218-221 of the penal code, the crime of ill-treatment applied to the minor, provided for in art. 197 of the penal code, harassment, provided by art. 208 of the penal code, and sexual harassment, provided by art. 223 of the penal code, as well as in other cases where, because of circumstances of committing the offence, this assessment as required, should be performed only by a person of the same sex with the injured party, at its request, unless the judicial body deems it prejudice the proper conduct of the parties ' rights and interests of the times.
  

— — — — — — — — —-. (7) article. 111 was introduced by paragraph 16 of article. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(8) If the injured party is a minor, the record of the hearing through technical means or mediums is mandatory in all cases. When recording is not possible, this shall be recorded in the statement of the person injured, with an indication of the reason for which the registration was not possible.
  

— — — — — — — — —-. (8) article. 111 was introduced by paragraph 16 of article. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(9) the injured person's Hearing by the judicial body which has registered a complaint about committing a crime takes place immediately, and, if this is not possible, shall thereafter lodging without undue delay.
  

— — — — — — — — —-. (9) article. 111 was introduced by paragraph 16 of article. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(10) the Declaration given by the injured party under the terms of paragraph 1. (9) constitute evidence even if it was administered before the start of the prosecution.
  

— — — — — — — — —-. (10) of article 1. 111 was introduced by paragraph 16 of article. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Article 112 of the mode of hearing civil and responsible party civilmente (1) hearing the civil party and the party responsible civilmente is made according to the provisions of article 3. 111 para. (1), (3) and (4), to be applied correspondingly.
  

(2) the Civil Party, and the party responsible civilmente them acknowledges the following rights: the right to be) assisted by counsel, and in cases of obligatory assistance, the right to appoint a lawyer ex officio;
  

b) the right to have recourse to a mediator in cases permitted by law;
  

(c)), the Administration proposes to raise exceptions and conclusions in relation to the settlement of the civil side of the case, subject to the conditions provided by law.
  


Article 113 the protection of the injured person and the civil party (1) when you are satisfied the conditions laid down in the law relating to the status of a witness threatened or vulnerable times for privacy or dignity, prosecution may order against any person, compared with the civil side protective measures under article 4. 124-130, which properly applies.
  

(2) the alleged victims Are vulnerable children, who are victims in the relationship of dependency upon the offender, victims of terrorism, organised crime, trafficking in human beings, violence in close relations, of sexual violence or exploitation, victims of hate crimes and victims affected by a crime due to prejudice or discriminatory reasons which could be linked with particular personal characteristics victims with disabilities, and victims who have suffered considerable damage as a result of the severity of the crime.
  

(3) If any person aggrieved or civil side is in any of the situations described in paragraphs 3 and 4. (2) prosecution brings to attention the protective measures that can be taken, their content and the ability to waive them. The surrender of the person injured or civil party from taking protective measures shall be recorded in writing and shall be signed by the latter, in the presence of the legal representative, if any.
  

(4) the injured person is made Reaudierea only if this is strictly necessary for the conduct of the criminal trial.
  

(5) at the hearing, the person aggrieved may be accompanied, at his request, his legal representative and a person designated by the injured party, unless the judicial body decides to the contrary, motivated.
  

(6) whenever the judicial body cannot determine the age of the injured person and there are grounds for considering that it is a minor, any person will be presumed to be a minor.
  

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Art. 113 amended point 17 of article 4. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Section 4 of the Hearing of witnesses Article 114 People interviewed as a witness (1) can be heard as a witness any person who has actual knowledge of facts or circumstances which constitute evidence in a criminal cause.
  

(2) any person summoned as a witness shall have the following obligations: a) to be present in front of the judicial organ who quoted it at the place, day and time as indicated in the summons;
  

(b)) to take an oath or solemn declaration before the Court;
  

c) to tell the truth.
  

(3) a witness has the precedence versus the quality of expert or advocate, mediator times a representative of one of the parties or the main procedural topic, regarding the facts and circumstances of the fact that the person they knew before they acquire this quality.
  

(4) Can be heard as a witness and people who have drawn up reports pursuant to art. 61 and 62.
  


Article 115 the ability to witness (1) any person may be cited and be heard as a witness, except to the parties and to the trial subjects.
  

(2) persons who find themselves in a situation why impeach, reasonably, be a witness can be heard only when the judicial review body finds that the person is able to consciously relate facts and circumstances actually in accordance with reality.
  

(3) to decide on a person's ability to be a witness, judicial organ has, upon request or on its own initiative, any examination required by the means provided for by law.
  


Article 116 of the witness declaration object and limits (1) the witness is heard on such facts or circumstances of which is subject to probation in the case in which he was quoted as saying.
  

(2) the hearing of the witness can be extended to all of the circumstances necessary to verify its credibility.
  


(3) may be the subject of the statement of the witness those facts or circumstances whose privacy may be secret times opposed by law enforcement agencies.
  

— — — — — — — — —-. (3) art. 116 was amended by 72 point of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(4) the facts and circumstances referred to in paragraph 1. (3) may be subject to the statement of the witness when the competent authority or a person entitled to express their consent in this regard or where there is another cause of elimination of the obligation of secrecy or confidentiality.
  

(5) Repealed.
  

— — — — — — — — —-. (5) article. 116 was repealed by article item 73. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 117 people who have the right to refuse to give statements as a witness (1) have the right to refuse to be interviewed as a witness to the following persons: a) husband, ascendants and descendants in direct line, and brothers and sisters of the suspect or accused;
  

b) people who have had the status of spouse of the suspect or the accused.
  

(2) communication to the rights and obligations under art. 120, judiciary authorities shall notify the persons referred to in paragraph 1. (1) the right not to give statements as a witness.
  

(3) if the persons referred to in paragraph 1. (1) I agree to give statements, in respect thereof, shall apply to the provisions concerning the rights and obligations of witnesses.
  

(4) a person who meets one of the qualities specified in paragraph 2. (1) in relation to one of the suspects or defendants is exempted from the obligation to testify against the other suspects or defendants, where his statement cannot be limited only to the latter.
  

— — — — — — — — —-. (4) article. 117 was amended item 74 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 118 of the witness ' right not to accuse a witness Statement given by a person who, in the same case, the Declaration had previously or subsequently acquired the status of suspect times the culprit cannot be used against him. Judicial bodies are required to mention the occasion on logging statement, previous procedural quality.
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Art. 118 was modified by item 75 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Questions concerning article 119 of the witness (1) the provisions of article 4. 107 shall apply accordingly if the hearing of the witness.
  

(2) the witness shall subject the case and then asked if he is a member of the family or former spouse of the suspect, the accused, the injured person or of other parts of the criminal trial, if they are in relations of friendship or enmity with them, and whether he suffered any damage as a result of the offence.
  

(3) the witness is not addressed questions about his person when compared to the ordered measure of data protection.
  


Article 120 Communication Rights and obligations (1) the judicial Organ shall notify the capacity in which the witness is heard and the facts and circumstances of fact to prove to whom it was proposed as a witness.
  

(2) the witness shall be then acknowledges the following rights and obligations: a) the right to be subjected to measures of protection and benefit of the reimbursement of costs occasioned by the call in front of judicial bodies when you are laid down by law;
  

b) is required to be present at the judicial organs callings, attracting the attention that, in the case of failure to comply with this obligation, may be issued a mandate for bringing against him;
  

c) is required to communicate in writing, within five days of any change of address to which it is quoted, attracting the attention that, in the case of failure to comply with this obligation, it may order the penalty against him provided by art. 283 paragraph 1. (1);
  

d) obligation to give statements in accordance with reality, attracting the attention that the law punishes the crime of perjury.
  


Article 121 Sworn and solemn declaration of witness (1) in the course of criminal proceedings and the judgment, upon satisfaction of the provisions of article 3. 119 and 120, prosecution and presiding calls the witness oath or solemn declaration.
  

(2) prosecution and presiding asks him on witness if it wants to take an oath or solemn declaration religious.
  

(3) the text of the oath is as follows: "I swear I'll tell the truth, and I will not hide anything from what I know. So help me God! ". Referring to the deity of the formula of the oath are changing depending on the religious faith of the witness.
  

(4) during the oath with exceptions imposed by religious faith, the witness keeps his right hand on the Bible or on the cross.
  

(5) if the witness chooses to make a solemn declaration, its text is as follows: "I find out I will tell the truth and I will not hide anything from what I know."
  

(6) the provisions of paragraphs 1 and 2. (1) to (5) shall apply accordingly to the procedure of the hearing early, before the judge of rights and freedoms.
  

— — — — — — — — —-. (6) article. 121 was amended by article 76, item. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 122 the way of hearing of the witness (1) Each witness is heard separately and without the presence of other witnesses.
  

(2) the witness is allowed to declare everything you know in relation to facts or circumstances of fact to prove to whom it was proposed, then i can address questions.
  

(3) the witness may not be questions about political options, ideological or religious or other personal and family circumstances, unless they are strictly necessary for finding out the truth, or to verify the credibility of the witness.
  


Article 123 (1) statements Recorded on logging statements is made according to the provisions of article 3. 110, which properly applies.
  

(2) in the course of criminal proceedings, the hearing of witnesses shall be recorded by technical means or mediums, if the prosecution considers it necessary or if the witness requesting express this recording is possible.
  


Article 124 the special cases for the hearing of the witness (1) the hearing of a minor witness under the age of 14 years shall take place in the presence of one of the parents, guardian or the person or institution to whom the representative is entrusted to the minor towards growth and education.
  

(2) If the persons referred to in paragraph 1. (1) may not be present or have the quality of the suspect, the accused, the injured person, civil party, the party responsible for the witness concerned civilmente times times reasonable suspicion exists that can influence the child's statement, its hearing takes place in the presence of a representative of the guardianship authorities or a relative with full capacity of exercise, as determined by the judiciary.
  

(3) if deemed necessary, upon request or ex officio, prosecution or court order that the hearing of the minor witness to witness a psychologist.
  

(4) the hearing of the minor witness must avoid producing any negative effect on the mental state.
  

(5) the witness at the time of the hearing to the minor has not reached the age of 14 years shall not be communicated to the obligations laid down in article 21. 120 para. (2) (a). d) and do not take an oath, but i draw attention to tell the truth.
  

— — — — — — — — —-. (5) article. 124 amended pct, article 18. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(6) Repealed.
  

— — — — — — — — —-. (6) article. 124 was repealed by article item 77. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(7) Repealed.
  

— — — — — — — — —-. (7) article. 124 was repealed by article item 77. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Section 5 (1) protection of witnesses. Protection of witnesses threatened threatened Witness Article 125 where there is a reasonable suspicion that the life, bodily integrity, liberty, property or professional activity of the witness or of a member of his family could be put in jeopardy as a result of the data they provide judicial bodies or his statements, the competent judicial body shall grant its witness status threatened and has one or more of the measures referred to in article 1. 126 or 127.


Article 126 safeguard measures laid out in the course of prosecution (1) in the course of criminal proceedings, with the status of a witness, the Prosecutor has threatened to apply one or more of the following measures: a) the supervision and guarding the home of the witness or securing temporary housing;
  


b protection and accompaniment) to the witness or members of his family while travelling;
  

c) data protection of identity, by giving a pseudonym with that witness will sign his statement;
  

d) hearing the witness without being present, through the mediums of transmission assets, with the voice and image of the distorted, when other measures are not sufficient.
  

(2) the Prosecutor has to apply a protective measures on its own initiative or at the request of the witness, one of the parties or of a procedural topic.
  

(3) in the case of application of protection measures referred to in paragraph 1. (1) (a). c) and (d)), the statement of the witness will not comprise the actual address or identity data, which are recorded in a special register which will have access to only the prosecution, the judge of freedoms, rights and duties of the judge or court room in the preliminary conditions of confidentiality.
  

(4) the Prosecutor has threatened witness status and measures of Protection Ordinance are kept motivated in terms of privacy.
  

(5) the Prosecutor shall verify, at reasonable intervals, whether to maintain the conditions that gave rise to the protective measures to be taken, and otherwise possesses, by reasoned order, their termination.
  

(6) the measures provided for in paragraph 1. (1) shall be maintained at all times during the criminal process if the State of danger has not ended.
  

(7) whether the danger arose during the preliminary hearing, the judge room room, ex officio or upon referral to the Prosecutor, order the protective measures provided for in article 10. 127. Article 4. 128 shall apply accordingly.
  

(8) protective measures outlined in paragraph 1. (1) (a). ) and (b)) shall be communicated to the designated competent authority with the bringing into force of the measure.
  


Article 127 protective measures ordered in the judgment during the course of the judgment, with the status of a witness, the Court has threatened to apply one or more of the following measures: a) the supervision and guarding the home of the witness or securing temporary housing;
  

b protection and accompaniment) to the witness or members of his family while travelling;
  

c) nepublicitatea Court during hearing of obedience to the witness;
  

d) without hearing the witness to be present in the courtroom, through the mediums of transmission assets, with the voice and image of the distorted, when other measures are not sufficient;
  

e) data protection of identity of the witness and a pseudonym under which he will testify.
  


Article 128 Arrangement during witness protection measure of judgment (1) the Court has to apply a protective measures ex officio, at the request of the Prosecutor, to witness, to the parties or to the injured person.
  

(2) the proposal made by the Prosecutor shall contain: name of witness) to be heard in court and against which you want the layout of protective measure;
  

b) actual motivation severity threat and the necessity of the measure.
  

(3) where an application is made to the other persons referred to in paragraph 1. (1) the Court may order the public prosecutor to conduct emergency checks regarding the merits of the application for protection.
  

(4) the application shall decide in Council without the participation of the person who made the request.
  

(5) the Prosecutor's Participation is mandatory.
  

(6) the Court shall decide by means of a reasoned conclusion, which is not subject to appeal.
  

(7) the conclusion of the ordering the protective measure shall be kept under conditions of confidentiality. If the witness protection is required and after final judgment, any applicable provisions of the law.
  

(8) the measures provided for in article protection. 127 lit. ) and (b)) shall be communicated to the designated competent authority law enforcement enforcing the measures.
  


Article 129 protected witness Hearing (1) in the cases referred to in article 1. 126 in paragraph 1. (1) (a). (d)) and art. 127 lit. d), hearing of the witness may be carried out by mediums, without that witness to be physically present in the place where the judicial organ.
  

— — — — — — — — —-. (1) of article 1. 129 was modified by item 78 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) Repealed.
  

— — — — — — — — —-. (2) of article 9. 129 was repealed by article item 79. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) the main parties to the trial Subjects, and their lawyers can address questions to the witness heard under the conditions of paragraph 1. (1) judicial body rejects questions that might lead to the identification of the witness.
  

— — — — — — — — —-. (3) art. 129 was modified by item 80 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(4) the statement of the witness is protected by technical means shall be recorded on video and audio and is rendered in written form.
  

(5) during the prosecution's statement shall be signed by the Penal times, as appropriate, the rights and freedoms of the judge and Prosecutor who was present at the hearing of the witness and shall be submitted to the case. Witness statement, transcribed, will be signed and it will be preserved in the file lodged with the parquet floors in a special place, under conditions of confidentiality.
  

(6) in the course of the judgment, witness statement signed by the presiding court.
  

(7) the support that has been posted to the witness statement, in original, sealed with the seal of the public prosecutor's Office or, where appropriate, of the Court before which the statement was made, shall be kept under conditions of confidentiality. Media that contains recordings made during criminal proceedings is filed after the completion of criminal proceedings the competent body, together with the file of the case, and is kept in the same conditions concerning confidentiality.
  

§ 2. Protection of vulnerable witnesses and vulnerable Witness Article 130 (1) Attorney or, where appropriate, the Court may decide to grant the status of vulnerable witness to the following categories of persons: a) the witness has suffered a trauma as a result of of the offence or as a result of the subsequent behaviour of the suspect or accused;
  

b) minor witness.
  

(2) with the status of vulnerable witness, Prosecutor and the Court may make provision for the measures referred to in article protection. 126 in paragraph 1. (1) (a). b) and d) or, where appropriate, article 3. 127 lit. b)-(e)), which shall apply accordingly. Voice and image distortion is not mandatory.
  

(3) the provisions of article 4. 126 and 128 shall apply accordingly.
  


Section 6 of Article 131 Confrontation the cross-referencing of (1) When it is found that there is contraziceri between the statements of the persons interviewed in the same case, proceed to their confrontation if it is necessary for the explanation of the case.
  

(2) persons faced are heard with regard to the facts and circumstances on which statements contradict previous data.
  

(3) the prosecution or the Court may comply with the persons confronted to put questions to each other.
  

(4) questions and answers shall be recorded in the minutes.
  

— — — — — — — — —-. (4) article. 131 amended item 81 art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Chapter III identifying persons and objects Article 132 the purpose and subject-matter of the measure (1) identification of persons or objects it may order where it is necessary in order to clarify the circumstances of the case.
  

(2) identification of persons or objects may be ordered by the public prosecutor bodies times criminal investigation, in the course of criminal proceedings, or during the Court judgment.
  


Article 133 the prior Hearing of the person making the identification (1) After the measure and layout before identification is carried out, the person making the identification to be heard regarding the person or object to identify it.
  

(2) the hearing shall consist of the description of any object or person's characteristics and circumstances in which they were seen. The person making the identification is asked if he participated in another identification procedure concerning the same person or the same object, or if the person or object identified have been indicated above times.
  

— — — — — — — — —-. (2) of article 9. 133 was modified by item 82 of article. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 134 (1) identification of the person to be identified is presented along with the other 4-6 people, with features similar to those described by the person making the identification.
  

(2) the provisions of paragraphs 1 and 2. (1) shall apply correspondingly in case of identification of persons and after photos.
  


(3) identification is carried out so that the persons to be identified to not see that identify them.
  

(4) the activity of identification of persons, as well as identification of the person making the statements are recorded in the minutes.
  

(5) the minutes shall contain, in addition to the particulars provided for in article 10. 135 para. (2) the surname, forenames and address of the persons who have been placed in group identification or whose photographs were submitted to the person making the identification, name and surname of the person identified as well as the Ordinance or the conclusion of which was arranged for the identification of individuals.
  

(6) in the course of the prosecution, the prosecution considers it necessary, the task of identifying registered mediums. Record identification is attached to the minutes as an integral part thereof and may be used as evidence.
  


Article 135 (1) identification of objects Objects about which supposedly can contribute to finding out the truth in connection with committing a crime are presented in order to identify, after the person that makes identifying them as described previously. If these items cannot be brought to be presented, the person making the identification can be led to the whereabouts of objects.
  

(2) the activity of identifying objects, as well as identification of the person making the statements are recorded in the minutes you need to include the entries regarding: order or conclude by that measure has been ordered, has been completed, the date and time of the beginning and the time it was finished, with an indication of any time, name, surname of the persons present and the capacity in which they participate , name and surname of the person to be identified, detailed description of the objects identified.
  

(3) in the course of the prosecution, the investigation body deems it necessary, the task of identifying the person making the statement identifying the mediums are registered. Record identification is attached to the minutes as an integral part thereof and may be used as evidence.
  


Article 136 Other identification Identifying voices, sounds or other items subject to sensory perception it has and is carried out in compliance with the procedure laid down in article 21. 134. Article 137 the plurality of identification (1) where two or more persons are called upon to identify the same person or the same object, the competent judicial organs shall take measures to avoid communication between those who did and those who are going to perform.
  

(2) If the same person to participate in multiple procedures for identification of persons or objects, the competent judicial organs shall ensure that the person to be subject to the identification between the different persons have participated in the previous proceedings, i.e. the object subject to the identification to be placed among the objects different from those used previously.
  


Chapter IV special surveillance Methods or research — — — — — — — — — — the name of the Head. IV of title IV of the general part of amended item 83 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


General Provisions article 138 (1) Constitute special surveillance methods or research the following: a) interception of communications or any type of remote communication;
  

b) access to a computer system;
  

c) audio or video surveillance, by shooting;
  

d) location and tracking by technical means;
  

obtaining data on e) financial transactions of an individual;
  

f) detention, rendition or detainment postal;
  

g) using undercover investigators and supporting staff;
  

h) approved the participation of certain activities;
  

I) supervised delivery;
  

j) getting traffic data and location information processed by providers of publicly available electronic communications networks of the time providers of electronic communications services for the public.
  

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Lit. j) of paragraph 1. (1) of article 1. 138 was amended by section 1 of article. in accordance with law No. 75 of 28 April 2016, published in MONITORUL OFICIAL nr. 334 of 29 April 2016, which amended article 1. From the EMERGENCY ORDINANCE nr. 82 of 10 December 2014, published in MONITORUL OFICIAL nr. 911 from 15 December 2014.
— — — — — — — — —-. (1) of article 1. 138 was modified by item 84 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) by intercepting communications of any type of communication means interception, access, monitoring, collection or recording of communications made via telephone, computer system, or by any other means of communication.
  

— — — — — — — — —-. (2) of article 9. 138 was modified by item 84 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) by access to a computer system means the intrusion into a computer system or means of storing computer data either directly or remotely, through specialized programs or by means of a network, in order to identify the samples.
  

(4) by computer system shall mean any device or group of inter-connected devices times contained in the functional relationship between one or more ensures automatic data processing with the help of a computer program.
  

(5) by computer data means any representation of facts, information or concepts in a form suitable to the processing in a computer system, including a program able to determine the performance of a function by a computer system.
  

(6) Through video surveillance, audio or by shooting means photographing people, observing or recording of conversations, movements or other activities.
  

(7) by location or tracking by technical means shall mean the use of devices that determine the location of the person or object to which they are attached.
  

(8) by searching postal means verification, physical or technical means, letters and other postal items or objects transmitted by any other means.
  

(9) by obtaining data relating to a person's financial transactions shall mean Transactions ensuring the knowledge content of financial transactions and other operations carried out or to be carried out by means of a credit institution or other financial entities, and getting from a credit institution or other financial entity records times information in the possession thereof relating to transactions or operations of a person.
  

— — — — — — — — —-. (9) article. 138 was modified by item 84 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(10) by using undercover investigators and collaborators indicates the use of a person with a different identity than the real world in order to obtain data and information on committing a crime.
  

— — — — — — — — —-. (10) of article 1. 138 was modified by item 84 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(11) through participation in certain activities authorized means committing a similar crime targets the side of corruption, conducting transactions, operations or any kind of agreements concerning an asset or a person about whom it suspects that would be lost, that is a victim of human trafficking or of a kidnappings, drug operations, as well as the provision of a service , carried out with the authorization of the competent judicial organ, in order to obtain evidence.
  

— — — — — — — — —-. (11) article. 138 was modified by item 84 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(12) through the delivery means technique of monitored surveillance and research allow the entry, movement or exit from its territory of goods in respect of which there is a suspicion with regard to the illicit nature of their possession or obtaining, under the supervision of the competent authorities or with the authorisation, for the purpose of investigating an offence or of the people involved in its perpetration.
  

— — — — — — — — —-. (12) article. 138 was modified by pct article 19. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(13) through the survey means using one of the methods referred to in paragraph 1. (1) (a). a)-d).
  

— — — — — — — — —-. (13) article. 138 was modified by pct article 19. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Article 139 technical supervision


(1) the technical supervision of the judge of the rights and freedoms when the following conditions are cumulatively met: a) there is a reasonable suspicion with respect to preparing or committing a crime of those referred to in paragraph 1. (2);
  

b) measure should be proportional to the restriction of fundamental rights and freedoms, because of the peculiarities of the case, the importance of the information or evidence to be obtained or the seriousness of the offence;
  

c) evidence couldn't be obtained in any other way or getting their special difficulties it assumed smooth times investigation there is a danger to the safety of persons or property.
  

(2) technical supervision may has national security offences against stipulated by the criminal code and special laws, as well as offences of drug trafficking, for making illegal transactions in precursors or other products likely to have psychoactive effects of crime on the grounds that the regime of weapons, munitions, nuclear material and explosive materials, traffic and exploitation of vulnerable persons , acts of terrorism, money-laundering, counterfeiting of coins, stamps or other values, counterfeiting of electronic payment instruments, in the case of offences which are performed through computer systems or electronic communication means, against assets, extortion, rape, lipsire of freedom unlawfully, tax evasion, corruption offences and offences assimilated to corruption offences offences against the financial interests, the European Union or in the case of other offences for which the law provides for punishment by imprisonment of 5 years or greater.
  

— — — — — — — — —-. (2) of article 9. 139 was modified by pct article 20. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(3) the records referred to in this chapter are carried out by the parties or other persons, shall constitute evidence when relating their own conversations or communications that you have with third parties. Any other recordings may constitute evidence unless they are prohibited by law.
  

(4) the relationship between a lawyer and a person who assists or represents cannot form the subject of technical supervision unless there is content that the lawyer commits times prepares committing a crime of those referred to in paragraph 1. (2) If during or after the execution of the measure shows that the activities of survey and focussed on the relationship between counsel and defendant times on suspect he defends, the evidence obtained may not be used in any criminal trial, are to be destroyed immediately by the Prosecutor. The judge who ordered the measure is immediately informed by the Prosecutor. When it considers it necessary, the judge has the information of the lawyer.
  

— — — — — — — — —-. (4) article. 139 has been modified by the point of article 85. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 140 procedure for technical surveillance mandate (1) technical supervision may be ordered during criminal proceedings, for a period not exceeding 30 days, at the request of the Prosecutor, the judge of the rights and freedoms of the Court to which it would return to the jurisdiction of the jurisdiction at first instance or to the appropriate court in its degree in whose constituency lies prosecution the Attorney who made the request.
  

(2) the application of the Prosecutor shall contain: the indication of measures of survey is being prepared, the name or other identifying data of the person against whom the measure is available, if known, an identification of the samples or data which shows reasonable suspicion with respect to committing a crime for which you may order the measure, an indication of the legal classification of the offence and and, if the measure of surveillance video, audio or by shooting, if required and consent as the prosecution to break into private spaces specified in order to activate or deactivate the technical means to be used for carrying out technical supervision measure, the character motivation in proportion and subsidiary of the measure. The Attorney must submit the dossier judge rights and freedoms.
  

(3) the application requesting approval of technical supervision shall decide the same day, the Council Chamber without summoning the parties. The Prosecutor's participation is mandatory.
  

(4) where it considers that the application is well founded, the judge of rights and freedoms has, through discharge, acceptance of the request of the Prosecutor and shall forthwith issue the mandate of survey. Preparation of the minute is required.
  

(5) the conclusion of the judge of freedoms and rights and the terms of reference should include: a) the name of the Court;
  

b) date, time and place of issue;
  

c) name, surname and status of the person who gave the conclusion and issued its mandate;
  

(d) indication of any concrete measure încuviinţate);
  

e) period and the purpose for which the measure was authorized;
  

f) name of the person subject to the measure of survey times of its particulars, if known;
  

g) indication, where necessary against the nature of the measure încuviinţate of individual identification of each phone, the access to a computer system, any given data to identify the route of communication or account number;
  

h) in the case of video, audio surveillance measure or by shooting in private spaces, the entry relating to the consent request that the prosecution to enter private premises to enable or disable the technical means to be used for carrying out technical supervision measure;
  

I) signature and stamp of the judge of the Court.
  

(6) where the judge considers that rights and freedoms are not satisfied the conditions laid down in article 21. and paragraph 139. (1) of this article, has, through discharge, dismiss the application for approval of technical supervision measure.
  

(7) the conclusion whereby the judge of rights and freedoms to pronounce upon the measures of survey is not subject to appeal.
  

(8) a new application for approval of the same measures may be made only if they have arisen or have discovered new facts or circumstances, unknown at the time of settlement of the previous application by the judge of rights and freedoms.
  

(9) At the reasoned request of the injured person, the Prosecutor may request the judge authorizing the interception of communications, registration times and any types of communication carried out through any means of communication, regardless of the nature of the offence forming the subject of the research. The provisions of paragraphs 1 and 2. (1) to (8) shall apply accordingly.
  

— — — — — — — — —-. (9) article. 140 was introduced by the pct, article 86. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 141 approval of technical surveillance measures by the Prosecutor (1) the Prosecutor may authorise, for a period not exceeding 48 hours, technical surveillance measures when: (a) emergency and) are getting technical surveillance mandate pursuant to article. 140 it would result in a substantial delay of investigations, loss, alteration or destruction of samples times would endanger the safety of the injured person, the witness or their family members; and (b)) are met the conditions laid down in article 21. 139 paragraph 2. (1) and (2).
  

(2) the Prosecutor's Order authorising the measure of survey shall include the particulars mentioned in article 1. 140 paragraph 1. 5. (3) the Prosecutor has the obligation to notify, not later than 24 hours after the expiry, the judge of the rights and freedoms of the Court to which it would return to the jurisdiction of the jurisdiction at first instance or to the appropriate court in the degree to which the constituency registered office the Prosecutor of the Prosecutor who issued the Ordinance in order to confirm that the measure, giving a record playback briefly survey activities carried out and file the case.
  

(4) where the judge considers that rights and freedoms have been satisfied the conditions laid down in paragraph 1. (1) confirm within 24 hours measure ordered by the public prosecutor, by concluding, in the Council Chamber, without summoning the parties.
  

(5) computer data identified through access to a computer system, the Prosecutor may provide, by Ordinance: to achieve and preserve) copy of those computer data;
  

b) Suppression of data access or removal of information from the computer system.
  

Copies of the technical means and appropriate procedures, ensuring the integrity of the information contained therein.


(6) where the judge considers that the rights and freedoms were not respected the conditions laid down in paragraph 1. (1) the action taken by either Prosecutor and order the destruction of evidence obtained pursuant to it. Destroy the evidence so obtained Attorney and shall draw up a report on this.
  

(7) Once the application for confirmation of the measure or separately, the Prosecutor may request the judge rights and freedoms taking measure of technical supervision pursuant to article. 140. (8) Conclusion whereby the judge of rights and freedoms to pronounce upon the measures ordered by the public prosecutor is not subject to appeal.
  


The bringing into force of article 142 of the mandate of survey (1) Attorney enforce technical supervision times may require that it be carried out by the criminal investigation body or specialized workers within the police.
  

— — — — — — — — —-. (1) of article 1. 142 was amended by paragraph 2 of article 9. From the EMERGENCY ORDINANCE nr. 6 of 11 March 2016, published in MONITORUL OFICIAL nr. 190 of 14 March 2016. Therefore, the unconstitutionality of the phrase "or other specialized organs of the State" in articles. 142 paragraph 2. (1) of the code of criminal procedure shall not be applied in this case, being valid for the previous form of the change brought about by EMERGENCY ORDINANCE nr. 6 of 11 March 2016, published in MONITORUL OFICIAL nr. 190 of 14 March 2016.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) by decision of the CONSTITUTIONAL COURT No. 51 of 16 February 2016, published in MONITORUL OFICIAL nr. 190 of 14 March 2016, 15 have been found the phrase "or other specialized organs of the State" in articles. 142 paragraph 2. (1) of the code of criminal procedure, as referred to above to the amendment made by EMERGENCY ORDINANCE nr. 6 of 11 March 2016, published in MONITORUL OFICIAL nr. 190 of 14 March 2016.

According to art. 147 paragraph 1. (1) of the Constitution of ROMANIA republished in Official Gazette No. 767 from 31 October 2003 the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.

Therefore, as of March 14, 2016, the phrase "or other specialized organs of the State" in articles. 142 paragraph 2. (1) of the code of criminal procedure, as referred to above to the amendment made by EMERGENCY ORDINANCE nr. 6 of 11 March 2016, published in MONITORUL OFICIAL nr. 190 of 14 March 2016, would have had to suspend the rule of law, and to cease legal effect as of April 29, 2016, if the legislature would not have interfered, by EMERGENCY ORDINANCE nr. 6 of 11 March 2016, published in MONITORUL OFICIAL nr. 190 of 14 March 2016, for modification.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (1 ^ 1) for carrying out the activities referred to in article 1. 138 para. (1) (a). a)-d), Attorney, criminal investigation bodies or specialized workers from police use directly the appropriate procedures and technical systems, capable of ensuring the integrity and confidentiality of data and information collected.
— — — — — — — — —-. (1 ^ 1), art. 142 was introduced by point 3 of article 1. From the EMERGENCY ORDINANCE nr. 6 of 11 March 2016, published in MONITORUL OFICIAL nr. 190 of 14 March 2016.

(2) providers of publicly available electronic communications networks or electronic communications services to the public or any type of communication are obliged to cooperate with the Prosecutor, criminal investigation bodies or specialized workers from the police, within the limits of their competences, for putting in execution of the mandate of the technical surveillance.
  

— — — — — — — — —-. (2) of article 9. 142 has been modified by pct article 21. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(3) persons who are called on to give a technical contest in executing surveillance measures are required to preserve the secrecy of the operation carried out, under the sanction of the criminal law.
  

(4) the Prosecutor has the obligation to immediately cease technical supervision before the expiration of the term of Office if there are no longer grounds for justified the measure, immediately informing the judge that issued the mandate.
  

(5) the data resulting from the survey measures may also be used in another criminal case if it results from their cogent information and useful for the preparation times committing a of the other crimes referred to in article 1. 139 paragraph 2. (2) and (6) the data resulting from surveillance measures which do not relate to the offence forming the subject of the research or contribute to identifying the location of persons, if times are not used in other criminal cases according to para. (5) the prosecution shall be archived in special places, with the assurance of confidentiality. Ex officio or at the request of the parties, the judge may require the authorization of the times Panel sealed data if there is new evidence which shows that though some of them relate to the offence forming the subject of the research. After one year of the final resolution of the case, they are destroyed by the Prosecutor, who shall draw up a report on this.
  


Article 142 ^ 1 (1) Any authorized person who carries out the activities of survey, on the basis of this law, shall have an opportunity to ensure that the electronic signature resulting from the activities of survey, using an extended electronic signature based on a qualified certificate issued by a certification service provider accredited.
  

(2) Any person authorized to transmit data resulting from surveillance activities, on the basis of this law, shall have an opportunity to sign data using an electronic signature and expanded based on a qualified certificate issued by a certification service provider accredited and enabling them to be unambiguous to the person authorized, this assuming the responsibility in terms of the integrity of the data transmitted.
  

(3) Any authorized person who receives the data resulting from the survey activities, on the basis of this law, shall have an opportunity to verify the integrity of data received and certify this by signing the data integrity using an extended electronic signature based on a qualified certificate issued by a certification service provider accredited and enabling them to be unambiguous to the person authorized.
  

(4) every person who shall certify data in electronic signature respond according to law for the security and integrity of such data.
  

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Art. 142 ^ 1 was introduced by the pct. of article 88. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 143 of survey activities Recorded (1) Attorney or criminal investigation body shall draw up a report for each survey activity, in which the results of activities carried out regarding the Act forming the subject of the research or contribute to the identification of persons, locating times identification data support that contains the result of survey activities, the names of persons to which it refers If known, or other identification data, and, where appropriate, the date and time when the surveillance began and the date and time at which it was ended.
  

(2) the report shall be attached, in the sealed envelope, a copy of the bracket containing the result of survey activities. Support or a certified copy thereof shall be kept at the offices of the Prosecutor, in special places, in sealed envelope and will be made available to the Court, at its request. After referral to the Court, a copy containing the support activities of survey and copies of the minutes shall be kept at the registry of the Court, in special places, in sealed envelope, at the disposal of the judge or the Panel entrusted with the settlement of the case.
  

(2 ^ 1) Any authorized person who carries out copies of a storage medium of computer data that contains the result of survey activities to verify the integrity of the data contained in the original and the copy, after signing the data included in this, using an extended electronic signature based on a qualified certificate issued by a certification service provider accredited and enabling them to be unambiguous to the person authorized This, assuming the responsibility in terms of data integrity.
— — — — — — — — —-. (2 ^ 1), art. 143 was introduced by the pct. of article 89. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


(3) Calls, communications or conversations in a language other than the language Romanian Romanian are transcribed, through an interpreter, who shall be obliged to keep confidentiality.
  

(4) communications or Conversations, intercepted and recorded conversations, which relate to the offence forming the subject of the research times contribute to identifying the location of people, times are played by the Prosecutor or the criminal investigation in a report stating the terms of reference issued for the conduct thereof, telephone numbers of workstations, identification data of information systems of the time of access points, the names of persons who have performed communications If known, the date and time of each call or communication. The minutes shall be certified for authenticity by the Prosecutor.
  

— — — — — — — — —-. (4) article. 143 was amended item 90 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(5) After the termination of the surveillance measure, the Prosecutor shall notify the judge of the rights and freedoms of the activities carried out.
  


Article 144 extension of technical supervision measure — — — — — — — — — — the name marginal art. 144 amended by point 22 of article. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(1) technical supervision Measure can be extended, for duly justified reasons, the judge of the rights and freedoms of the competent court, at the reasoned request of the Prosecutor, if the conditions laid down in article 21. 139, each extension may not exceed 30 days.
  

— — — — — — — — —-. (1) of article 1. 144 was modified by pct article 22. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(2) the judge of the rights and freedoms stands in the Council Chamber, without summoning the parties, by concluding that it is not subject to appeal. Preparation of the minute is required.
  

(3) the total duration of the survey, with respect to the same person and the same deed, shall not exceed, in the same case, 6 months, except the measure of audio or video surveillance, by shooting in private spaces, which may not exceed 120 days.
  

— — — — — — — — —-. (3) art. 144 amended item 91 art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 145 Informing the person supervised (1) After termination of the measure of survey, the Prosecutor shall inform, in writing, within 10 days, on every subject of a warrant of survey about why the measure was taken in regards to.
  

(2) After the time of informing supervised person has the right to inspect, upon request, of the contents of reports in which are recorded the activities of survey carried out. Also, the Prosecutor must provide, upon request, hearing conversations, communications or conversations times watching the images resulting from the work of survey.
  

(3) the term of the application forms is 20 days from the date of service for the information by specified in paragraph 2. (1) and (4) the Prosecutor may defer making reasoned presentation of informing or media on which they are stored technical surveillance activities or minutes, if this could lead to disruption of): or endangering the proper conduct of the criminal proceedings in question;
  

b) endangering the safety of the victim, witnesses or members of their families;
  

c) difficulties in technical supervision on other people involved in the matter.
  

(5) Postponement referred to in paragraph 1. (4) it may order, at the latest until the completion of the criminal proceedings or until the closing of the.
  


Article 146 preservation of materials resulting from technical supervision (1) If the question was willing a rank, against whom the complaint was not lodged within the time limit pursuant to article legal. 340 or the complaint has been rejected, the Prosecutor shall immediately notify the judge of rights and freedoms.
  

(2) the judge of rights and freedoms has conservation support material or of a copy thereof certified by the Court in a filing at the headquarters of special places in the sealed envelope with the assurance of confidentiality.
  

(3) if the Court has decided the question a judgment of conviction, sentencing of waiver or deferment of the application of the death penalty, payment times, cessation of penal process remaining final support material or its copy is conserved through archiving with the dossier of the case from the Court's headquarters, in special places, with assurance of confidentiality.
  

— — — — — — — — —-. (3) art. 146 was amended item 92 art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 146 ^ 1 Getting data on a person's financial transactions (1) Obtain data on financial transactions carried out by judge may dispose of the rights and freedoms of the Court to which it would return to the jurisdiction of the jurisdiction at first instance or from the appropriate court in its degree in whose constituency lies prosecution the Attorney that drew up the proposal with regard to financial transactions of the perpetrator, the suspect, the accused or any person who is suspected that carries out such operations with the offender, suspect or defendant if: (a) there is a reasonable suspicion) with regard to preparing or committing a crime;
  

(b) the measure is necessary and) proportional to the restriction of fundamental rights and freedoms, because of the peculiarities of the case, the importance of the information or evidence to be obtained times seriousness;
  

c) evidence couldn't be obtained in any other way or getting their special difficulties it assumed smooth times investigation there is a danger to the safety of persons or property.
  

(2) Obtain data on financial transactions to be carried out may be ordered for a period of not more than 30 days of the judge of the rights and freedoms of the Court to which it would return to the jurisdiction of the jurisdiction at first instance or to the appropriate court in its degree in whose constituency lies prosecution the Attorney that drew up the proposal If you are satisfied the conditions laid down in paragraph 1. (1) and (3) the provisions of article 4. 140 paragraph 1. (2) to (9) shall apply accordingly.
  

(4) the term of Office through which it is authorized to obtain data on financial transactions to be made may be extended pursuant to article. 144 the total duration of the measure are not overcome, the same question and the same person, 6 months.
  

(5) where there is an emergency, and getting tenure under the terms of paragraph 1. (1) or (2) would result in a substantial delay of investigations, loss, alteration or destruction of samples times would endanger the safety of the victim or other persons and are satisfied the conditions laid down in paragraph 1. (1) or, where appropriate, paragraph 1. (2) the Prosecutor may order getting data on financial transactions carried out or to be carried out. The provisions of article 141 shall be applied accordingly.
  

(6) it is prohibited to obtain data on financial transactions between the lawyer and the suspect, the accused or any other person which he defends, except where there is data that the lawyer commits or prepares committing a crime of those referred to in article 1. 139 paragraph 2. 2. (7) credit institutions or financial entities that perform financial transactions are required to hand over the records or information to which reference is made in the term of Office of judge ordered or in the authorization issued by the Prosecutor.
  

(8) upon completion of the activities authorised, the Prosecutor shall inform, within 10 days, in writing, on every subject of a mandate about what measure has been taken in respect of him or her. After the moment of informing the person whose financial transactions were affected by this measure has the right to take cognizance of the activities carried out.
  

(9) the provisions of article 4. 145 Abdel. (4) and (5) shall apply accordingly.
  

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Art. 146 ^ 1 was introduced by the pct, article 23. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Article 147 Detention, rendition and detainment, postal


(1) Detention, rendition and detainment postal may dispose of the judge of the rights and freedoms of the Court to which it would return to the jurisdiction of the jurisdiction at first instance or to the appropriate court in its degree in whose constituency lies prosecution the Attorney that drew up the proposal with regard to postal letters, references or objects sent times received făptuitor the suspect, the accused or any person who is suspected that receives times send through any means these supplies from făptuitor, suspect or defendant times goods for its: a) there is a reasonable suspicion with respect to preparing or committing a crime;
  

(b) the measure is necessary and) proportional to the restriction of fundamental rights and freedoms, because of the peculiarities of the case, the importance of the information or evidence to be obtained times seriousness;
  

c) evidence couldn't be obtained in any other way or getting their special difficulties it assumed smooth times investigation there is a danger to the safety of persons or property.
  

(2) it is prohibited to detain, teaching and detainment or postal mail sent to the times in the relationship between the lawyer and the suspect, the accused or any other person which he defends, except where there is data that the lawyer commits or prepares committing a crime of those referred to in article 1. 139 paragraph 2. (2) and (3) the provisions of article 4. 140 shall apply accordingly.
  

(4) where there is an emergency, and getting tenure, teaching and percheziţionare postal article. 140 it would result in a substantial delay of investigations, loss, alteration or destruction of samples times would endanger the safety of the victim or other persons and are satisfied the conditions laid down in paragraph 1. (1) and (2), the Prosecutor may order, for a period not exceeding 48 hours, the measures referred to in paragraph 1. 1. The provisions of articles. 141 para. (2) to (8) shall apply accordingly.
  

(5) transport Units or any other natural or legal person who carries out the transport or transfer of information are obliged to detain and hand over letters to the Prosecutor, the references to which postal times objects referenced in the term of Office of judge ordered or the authorization of the public prosecutor.
  

(6) Correspondence, references or objects searched high and which have no connection with the cause shall be refunded to the recipient.
  

(7) upon completion of the approved activities, the Prosecutor shall, within 10 days, in writing, on every subject of a mandate about what measure has been taken in respect of him or her. After the moment of informing the person whose mail, postal delivery or objects have been raised and searched has the right to take cognizance of the activities carried out.
  

(8) the provisions of article 4. 145 Abdel. (4) and (5) shall apply accordingly.
  

(9) the measure may be extended pursuant to article. 144 the total duration of the measure are not overcome, the same question and the same person, 6 months.
  

— — — — — — — — —-. (9) article. 147 was amended by paragraph 24 of article. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Article 148 Using undercover investigators or with real ID and collaborators (1) Authorizing the use of undercover investigators can dispose of the prosecutor supervising or carrying out criminal proceedings for a period not exceeding 60 days, if there is one): the reasonable with regard to preparing or committing a crime against national security laid down in the penal code and other special laws and in the case of offences of drug trafficking, for making illegal transactions in precursors or other products likely to have psychoactive effects of crime on the grounds that the regime of weapons, munitions, nuclear material and explosive materials, traffic and exploitation of vulnerable persons, acts of terrorism or treated as such, terrorist financing, money laundering, counterfeit coins, stamps or other values , forgery of electronic payment instruments, in the case of offences which are performed through computer systems or electronic communication means, blackmail, lipsire of freedom unlawfully, tax evasion, corruption offences, offences assimilated to crimes of corruption, of offences against the financial interests of the European Union or in the case of other offences for which the law prescribes jail for 7 years or more times there is a reasonable suspicion that a person is involved in criminal activities that have connection with the offences listed above;
  

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Lit. of paragraphs 1 to 5). (1) of article 1. 148 was amended by article 25 point. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(b) the measure is necessary and) proportional to the restriction of fundamental rights and freedoms, because of the peculiarities of the case, the importance of the information or evidence to be obtained times seriousness;
  

c) samples or locating and identifying the perpetrator, the suspect accused times could not be obtained in any other way or getting their special difficulties it assumed smooth times investigation there is a danger to the safety of persons or property.
  

(2) Measure ordering the Prosecutor ex officio or at the request of the criminal investigation, which Ordinance must contain, in addition to the particulars provided for in article 10. 286 paragraph 2. (2): activities) the names of undercover investigator is authorized to carry;
  

b) period for which the measure was authorized;
  

c) undercover investigator assigned to the identity.
  

(3) where the Prosecutor considers that it is necessary that the undercover investigator should be able to use technical devices to get photos or audio and video recordings, refer the matter to the judge of the rights and freedoms in order to issue the mandate of survey. The provisions of article 141 shall be applied accordingly.
  

(4) the undercover Investigators are workers within the judicial police operatives. In the case of investigations of crimes against national security and terrorist offences can be used as undercover investigators and operatives workers within State bodies that carry out the law, information activities in order to ensure national security.
  

(5) the undercover Investigator collect data and information on the basis of the order issued pursuant to paragraph 1. (1) to (3), which puts them, in full, at the disposal of the Prosecutor who conducts or supervises the criminal investigation, writing a report.
  

(6) if the investigator requires participation activity authorized to certain activities, the Prosecutor shall proceed according to the provisions of article 3. 150. (1) judicial Bodies may use or provide the undercover investigator any records of the time needed to carry out the activity objects. The work of the person who provides or uses objects do not constitute records times.
  

(8) the undercover Investigators can be heard as witnesses in criminal proceedings under the same conditions as the witnesses threatened.
  

(9) the duration of the measure may be extended for reasons duly justified cases, where the conditions referred to in paragraph 1. (1) each extension may not exceed 60 days. The total duration of the measure, the same question and the same person may not exceed one year, except for offences against life, national security, drug trafficking offences, failure to observe the regime of weapons, munitions, nuclear material and explosive materials, traffic and exploitation of vulnerable persons, acts of terrorism or treated as such, terrorist financing, money laundering, and criminal offences against the financial interests of the European Union.
  

— — — — — — — — —-. (9) article. 148 was amended point 26 of article. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(10) in exceptional circumstances, provided that the conditions laid down in paragraph 1. (1), and the use of undercover investigator is not sufficient to obtain data or information times is not possible, the Prosecutor who oversees or performs the prosecution may permit the use of a collaborator, which can be attributed to a different identity than the real world. The provisions of paragraphs 1 and 2. (2) to (3) and (5) to (9) shall apply accordingly.
  

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Art. 148 was amended item 93 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 149 protection measures of undercover investigators and collaborators


(1) the true identity of the undercover investigators and supporting staff with a different identity than the real world cannot be disclosed.
  

(2) the Prosecutor, the judge of rights and freedoms, the judge for preliminary Chamber or the Court has the right to know the true identity of the undercover investigator and collaborator, in compliance with professional secrecy.
  

(3) the undercover Investigator, contributor, informant, and members of their families or other persons subject to threats, intimidation or acts of violence in connection with work carried out by the undercover investigator, informer or collaborator may benefit from specific measures for the protection of witnesses, according to the law.
  

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Art. 149 was modified by item 94 of article. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 150 authorized Participation in certain activities (1) participation in certain activities authorized pursuant to article. 138 para. (11) it has the prosecutor supervising or carrying out criminal proceedings for a period not exceeding 60 days, if there is one): the reasonable with regard to preparing or committing a crime of drug trafficking, for making illegal transactions in precursors or other products likely to have psychoactive effects, on the grounds that the regime of weapons offenses nuclear materials, ammunition, and explosive materials, traffic and exploitation of vulnerable persons, acts of terrorism or treated as such, terrorist financing, money laundering, counterfeit coins, stamps or other values, a crime which is celebrated through computer systems or electronic communication means, blackmail, lipsire of freedom unlawfully, tax evasion, corruption offences, offences assimilated to crimes of corruption and of offences against the financial interests of the European Union or in the case of other offences for which the law prescribes jail for 7 years or more or if there is a reasonable suspicion that a person is involved in criminal activities that are related, according to art. 43, with the offences listed above;
  

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Lit. of paragraphs 1 to 5). (1) of article 1. 150 amended by point 27 of article 4. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(b) the measure is necessary and) proportional to the restriction of fundamental rights and freedoms, because of the peculiarities of the case, the importance of the information or evidence to be obtained times seriousness;
  

c) evidence couldn't be obtained in any other way or getting their special difficulties it assumed smooth times survey might endanger the safety of persons or property.
  

(2) Measure ordering the Prosecutor ex officio or at the request of the criminal investigation, which Ordinance must contain, in addition to the particulars provided for in article 10. 286 paragraph 2. (2) the list of the activities: approved);
  

b) period for which the measure was authorized;
  

(c) a person carrying on activities).
  

(3) authorized Activities can be carried out by a competent criminal investigation, an investigator with the real identity of a undercover investigator or collaborator.
  

(4) activities authorized by the person referred to in paragraph 1. (2) (a). c) do not constitute irregularity or offence.
  

(5) the implementation of these measures shall be recorded in a report which contains: the measure began and ended, data on persons who have been authorized activities, a description of the technical devices used in the case where it has been authorised by the judge of freedoms, rights and the use of technical means, with respect to the identity of the persons who had been implemented.
  

(6) a person who has engaged in activities authorized can be heard as a witness in criminal proceedings, in compliance with the provisions relating to the hearing of witnesses, judicial body threatened that if the hearing is required.
  

(7) the judicial Organs may use or make it available to the person performing the activities authorised any entries or items necessary for authorized activity. The person who provides or uses records will not fold items commits an offence by conducting these activities, where these constitute criminal offences.
  

(8) the measure ordered may be extended by the District Attorney, for duly justified reasons, where the conditions referred to in paragraph 1. (1) each extension may not exceed 60 days.
  

(9) the total duration of the measure, with respect to the same person and the same deed, shall not exceed one year.
  

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Art. 150 was modified by item 95 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 151 (1) delivery of supervised supervised Delivery may be authorized by statute, the Prosecutor who oversees or performs criminal investigation at the request of the competent authorities or institutions, with or without evading times the total or partial substitution of goods which are the subject of the delivery.
  

— — — — — — — — —-. (1) of article 1. 151 was modified by pct article 28. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(2) the delivery may be authorised only monitored in the following cases: a) if discovery or arrest people involved in the transport of illegal drugs, weapons, stolen objects, explosive materials, nuclear, radioactive materials, money and other objects resulting from the illicit activities of the time used for the purpose they were objects of crimes could not be made otherwise or it involves special difficulties, what would be detrimental to the investigation or a danger to the safety of persons or of goods;
  

b) if proof of crimes related to discovery times in connection with the delivery of illegal or suspicious shipments would be impractical times very difficult otherwise.
  

(2 ^ 1) Supervised delivery may be carried out on the territory of the country only if the prosecutor supervising or carrying out criminal proceedings shall ensure that the authorities who, under the law in relation to checking or supervision of the entry, movement or exit from the territory of the country concerned: property a) confidentiality of the activities;
  

b) ensure permanent supervision of smuggling or suspect.
  

— — — — — — — — —-. (2 ^ 1), art. 151 was introduced by the pct, article 29. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(3) in the event that the delivery of cross-border activities involves supervised this can only be achieved if the prosecutor supervising or carrying out criminal proceedings take action and ensure that the authorities of the visited States: a) to agree with the entry into their territory to transport illegal or suspicious, and with its exit from the territory of the State;
  

b) to ensure that the transport of illegal or suspect is permanently supervised by the competent authorities;
  

c) to ensure that the Prosecutor, the police or other competent State authorities are notified regarding the outcome of criminal proceedings against persons accused of offences that were the subject of special research method to which reference is made in paragraph 2. (1).
  

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Alin. (3) art. 151 was modified by pct article 30. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(4) the provisions of paragraphs 1 and 2. (3) does not apply where an international treaty to which Romania is party to the contrary.
  

(5) for each shipment supervised a prosecutor issuing the Ordinance, which must include, in addition to the particulars provided for in article 10. 286 paragraph 2. (2): a) name the suspect or accused, if known;
  

b) reasons justifying any concrete measure;
  

(c) indication of goods) shall be subject to proof of delivery and monitored which shows awareness of them, of goods which are to be removed or replaced, as well as of goods to replace them, if necessary;
  

d) time and place of carrying out of delivery or, where appropriate, the itinerary to be roadmaps for delivery, if they are known;
  

e) ways in which surveillance will be carried out;
  

f) identification data of the persons authorized to oversee the delivery.
  

— — — — — — — — —-. (5) article. 151 was modified by pct article 30. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(6) delivery is implemented under the supervision of the police or other competent authority. Prosecutor determines, coordinates and controls the implementation mode of delivery.
  


(7) implementation of supervised delivery shall not constitute infringement.
  

(8) the bodies referred to in paragraph 1. (6) have the obligation to draw up, at the completion of the delivery monitored on Romanian territory, a report on the activities carried out, and submit it to the Prosecutor.
  

— — — — — — — — —-. (8) article. 151 has been modified by the point of article 96. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 152 Getting traffic data and location information processed by providers of publicly available electronic communications networks of the time providers of publicly available electronic communications — — — — — — — — — — the name marginal art. 152 amended by paragraph 2 of article 9. in accordance with law No. 75 of 28 April 2016, published in MONITORUL OFICIAL nr. 334 of 29 April 2016, which amended article 1. From the EMERGENCY ORDINANCE nr. 82 of 10 December 2014, published in MONITORUL OFICIAL nr. 911 from 15 December 2014.

(1) the prosecution, with the prior authorization of the judge of freedoms, rights and duties may require traffic data and location processed by providers of publicly available electronic communications networks of the time providers of publicly available electronic communications if, cumulatively, the following conditions are met: a) there is a reasonable suspicion with respect to committing a crime of those referred to in article 1. 139 paragraph 2. (2) or a crime of unfair competition, escape, false entries, on the grounds that crimes of the regime of weapons, munitions, nuclear material and explosive materials, of an offence relating to non-compliance with the provisions relating to the introduction into the country of waste and residues, of an offence relating to the organisation and operation of gambling or an offence relating to the legal regime of drug precursors relating to crimes, and operations with products likely to have effects similar to those caused by psychoactive substances and narcotic drugs or psychotropic products;
  

b) there are grounds for justified the data required is believed to constitute evidence;
  

c) evidence couldn't be obtained in any other way or getting their special difficulties it assumed smooth times investigation there is a danger to the safety of persons or of goods;
  

d) measure is proportional to the restriction of fundamental rights and freedoms, because of the peculiarities of the case, the importance of the information or evidence to be obtained or the seriousness of the offence.
  

— — — — — — — — —-. (1) of article 1. 152 was modified by section 2 of art. in accordance with law No. 75 of 28 April 2016, published in MONITORUL OFICIAL nr. 334 of 29 April 2016, which amended article 1. From the EMERGENCY ORDINANCE nr. 82 of 10 December 2014, published in MONITORUL OFICIAL nr. 911 from 15 December 2014.

(2) the judge of the rights and freedoms shall be delivered within 48 hours regarding the request of the prosecution bodies of data transmission through a reasoned conclusion into the Council.
  

(3) providers of publicly available electronic communications networks and service providers of publicly available electronic communications which cooperates with the prosecution have a duty of secrecy of the operation performed.
  

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Art. has been amended 152 item 97 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 153 to obtain data on the financial status of a person (1) the Prosecutor may request a credit institution or to any other institution which holds data on the financial status of an individual communication concerning the existence and content of the accounts of a person, where there are strong clues regarding committing a crime and there are no grounds for presuming that the particulars which constitute evidence.
  

— — — — — — — — —-. (1) of article 1. 153 was modified by item 31 of article. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(2) the measures provided for in paragraph 1. (1) provide ex officio or at the request of the criminal investigation, which Ordinance must contain, in addition to the particulars provided for in article 10. 286 paragraph 2. (2): the institution is in possession of or has under his control data, name the suspect or the accused, the fulfilment of the conditions laid down in paragraph 1. (1) an indication of the institution's obligation to communicate immediately in terms of privacy, the data requested.
  

(3) the institution referred to in paragraph 1. (1) is required to enact immediately available data requested.
  

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Art. 153 was modified by item 98 art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Chapter V Preserving computer data — — — — — — — — — — the name of the Head. V of title IV of the general part of amended item 99 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Preserving computer data article 154 (1) if there is a reasonable suspicion with respect to preparing or committing a crime, for the purpose of gathering evidence of the identification of the perpetrator, times the suspect or the accused, the Prosecutor who oversees or performs criminal proceedings may order the immediate preservation of certain computer data, including traffic data, that have been stored by means of a computer system and that is in the possession or under the control of the provider of publicly available electronic communications networks times a provider of electronic communications services for the public, where there is a danger of loss or modification thereof.
  

(2) Preservation of the Prosecutor ex officio or at the request of the criminal investigation, for a period not exceeding 60 days, by Ordinance which must include, in addition to the particulars provided for in article 10. 286 paragraph 2. (2) providers publicly available electronic communications networks of the time providers of publicly available electronic communications in the possession of the computer whose data you have times under control, the name of the perpetrator, the suspect or the accused, if known, the description of the data must be preserved, the fulfilment of the conditions laid down in paragraph 1. (1) the duration for which it was issued, a reference to the obligation of the person or the providers of public communications networks and electronic communications services providers of publicly available electronic to conserve computer data indicated immediately and to maintain integrity, confidentiality.
  

(3) Conservation Measure can be extended, for duly justified reasons, the Prosecutor, once, for a period not exceeding 30 days.
  

(4) the order shall be transmitted to the Prosecutor, without delay, any provider of publicly available electronic communications networks of the time provider of electronic communications services for the public in whose possession the data referred to in paragraph 1. (1) the control, which is obliged to immediately, safely preserves privacy.
  

(5) where data on informational traffic is in possession of several providers of public communications networks and electronic communications services providers of publicly available electronic vendor in possession or under the control of computer data which is required to immediately put at the disposal of the criminal information necessary to identify other suppliers with a view to knowing all the elements in the chain of communication used.
  

(6) within the time limit referred to in paragraph 1. (2) and (3), the Prosecutor who oversees or performs criminal proceedings may, with the prior authorization of the judge rights and freedoms require a provider of publicly available electronic communications networks of the time a service provider of publicly available electronic communications data preserved according to law or perhaps picking up this measure possesses. The provisions of article 170 para. (2 ^ 1 2 ^ 5), para. (4) and (5) and of article 23. 171 shall apply accordingly.
  

(7) the judge of the rights and freedoms to pronounce within 48 hours regarding the request of the prosecution bodies of data transmission through a reasoned conclusion into the Council.
  

(7 ^ 1) The provisions of paragraphs 1 and 2. (1) to (7) apply properly and with respect to computer data, including traffic data, stored information through a computer system which is in the possession or under the control of other persons.
— — — — — — — — —-. (7 ^ 1), art. 154 was introduced by point 3 of article 1. in accordance with law No. 75 of 28 April 2016, published in MONITORUL OFICIAL nr. 334 of 29 April 2016, which amended article 1. From the EMERGENCY ORDINANCE nr. 82 of 10 December 2014, published in MONITORUL OFICIAL nr. 911 from 15 December 2014.

(8) until the completion of the prosecution, the Prosecutor is obliged to încunoştinţeze in writing to the persons against which criminal proceedings are carried out and whose data have been preserved.
  

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Art. 154 was amended item 100 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 155 Repealed.
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Art. 155 has been repealed by article item 101. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Chapter VI Search and picking up objects and records — — — — — — — — — — the name of the Head. Vi of title IV of the general part of amended item 102 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Common provisions article 156 (1) search that may be non-residential, Informatics, or a vehicle.
  

(2) the search must be carried out with respect for the inherent dignity, without disproporţională interference in private life.
  


Section 1 of article 157 non-residential Search Cases and conditions under which you may order searches non-residential (1) non-residential Search of goods in your home may be ordered if there is a reasonable suspicion with respect to committing a crime by a person or to the possession of objects or records that are related with a criminal offence and it is assumed that the search may lead to discovery and the taking of evidence with respect to this offence , to preserve traces of the offence or in catching suspect times the culprit.
  

(2) by home means a dwelling or any enclosed space in any way belonging to the times a natural or legal person.
  

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Art. 157 amended item 103 art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 158 the procedure for issuing search warrants to non-residential (1) non-residential Search may be ordered in the course of criminal proceedings, at the request of the Prosecutor, the judge of the rights and freedoms of the Court to which it would return to the jurisdiction of the jurisdiction at first instance or to the appropriate court in the degree to which the constituency registered office the Prosecutor of the Prosecutor who conducts or supervises the prosecution. In the course of the judgment, the search shall be, ex officio or at the request of the Prosecutor, by the authority vested with the proceedings.
  

(2) the application of the Prosecutor shall contain: (a) a description of where) to perform the search, and if reasonable suspicion concerning the existence or possibility of transferring data or samples, individuals sought in neighbouring places, the description of those places;
  

b) indication of the data samples times resulting reasonable suspicion with respect to committing a crime or for holding objects related times records with an offence;
  

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Lit. b) of paragraph 2. (2) of article 9. 158 was amended by point 104 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

c indication of the crime) samples or data which shows that instead of carrying out the requested search is located the suspect or defendant times can be uncovered evidence of committing the offence times traces of the offence;
  

d) name, surname and, where necessary, the description of the suspect or accused who is believed to be the place where the search is performed, and an indication of the traces of the offence or other objects which are presumed to exist in the place to be searched.
  

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Lit. d) of paragraph 2. (2) of article 9. 158 was amended by point 104 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) where, during the search, it is established that they have been transferred, or that the wanted persons were hiding in neighbouring places, search warrant is valid according to the law, and for these jobs. Continuing to carry out search in this situation means that by the Prosecutor.
  

(4) the Prosecutor shall submit the application together with the dossier of the case the judge of rights and freedoms.
  

(5) the application requesting approval of domiciliary performance of detainment is resolves within 24 hours, in the Council, without summoning the parties. The Prosecutor's participation is mandatory.
  

(6) the judge has, through closing, admission application, where it is based, and consent to carry out search and issue the search warrant's term of Office without delay. Preparation of the minute is required.
  

(7) the conclusion of the Court and the mandate of search should include: a) the name of the Court;
  

b) date, time and place of issue;
  

c) name, surname and status of the person who issued the search warrant's mandate;
  

d) period for which the term of Office, which may not exceed 15 days;
  

(e) the purpose for which it has) been issued;
  

f) description where the search is to be carried out or, if applicable, and places adjacent thereto;
  

(g) the name or business name of the person) at Headquarters, the times carried out searches, if known;
  

h) name of the perpetrator, if the suspect or the accused is known;
  

I suspect) a description of the perpetrator, or the defendant that is alleged is in the place where the search is performed, the traces of the offence or other objects which are presumed to exist in the place to be searched;
  

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Lit. I) para. (7) article. 158 was amended by point 104 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

j) noting that the mandate of the search warrants can be used more than once;
  

k) signature and stamp of the judge of the Court.
  

(8) where the judge considers that rights and freedoms are not satisfied the conditions laid down in article 21. 157, has, through closing, rejecting the application for the grant of domiciliary search.
  

— — — — — — — — —-. (8) article. 158 was modified by item 104 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(9) the conclusion whereby the judge of rights and freedoms to pronounce on the request for approval of domiciliary performance of detainment is not subject to appeal.
  

(10) a new application for the grant of a domiciliary searches in the same place may be made if they have arisen or have discovered new facts or circumstances, unknown at the time of settlement of the previous application by the judge.
  

(11) In the course of its judgment, or at the request of the Prosecutor, the Court may order that a thorough search for the purposes of implementing the mandate of preventive arrest of the accused, and where there is reasonable suspicion that where the case is making calls there are material means of evidence related to the offence in which case. The provisions of paragraphs 1 and 2. (2) to (8) and article 10. 157 shall apply accordingly.
  


Article 159 Making domiciliary search (1) the term of Office of the Prosecutor shall be notified of the search warrant, which ensure its execution.
  

(2) the search must be carried out by the Prosecutor or by the criminal investigation, accompanied, where appropriate, with workers.
  

(3) non-residential Search cannot be started before or after 20.00 6.00 except blatant offence or when searches are to be carried out in a local open to the public at that time.
  

(4) where necessary, the judicial organs may restrict the freedom of movement of people or other people present at the place where the search is performed during the carrying out thereof.
  

(5) before the start of the judicial organ is assumed, legitimizes and provided with a copy of the mandate issued by the judge, the person to whom the search is to take place, its representative or a member of the family, and failing that, any other person with full capacity for exercise that knows that person will perform searches and, where applicable, the guardian.
  

(6) if the case is made on the premises of a legal person, the term of Office of its powers shall be handed to the representative or, in the absence of the representative, to any other person with full capacity for exercise is in the premises or is an employee of the legal person.
  

(7) if the conduct of the case is extended pursuant to article neighbouring homes. 158 para. (3) persons from these spaces will be aware about the expansion of carrying out the search.
  

(8) persons referred to in paragraph 1. (5) and (6) shall be required, prior to the commencement of the case, handing over voluntarily to persons or objects being sought. Search no longer performs if people or objects listed in the warrant are taught.
  


(9) persons referred to in paragraph 1. (5) and (6) shall be aware that they have the right to participate in making the case a lawyer. If required the presence of a lawyer, the start of the case is delayed until its arrival, but no more than two hours from the time at which this right is communicated, in the light of the conservation measures to be raided. In exceptional cases, requiring you to perform emergency detainment or if the lawyer cannot be contacted, the search can begin, and before the expiry of a period of two hours.
  

(10) Furthermore, the person searched shall be allowed to be represented by an assisted person times.
  

— — — — — — — — —-. (10) of article 1. 159 was amended item 105 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(11) When the person search is detained after being arrested, there will be times to search warrants. Where it cannot be brought, picking up objects and records, as well as non-residential search is done in the presence of a representative witness Assistant times.
  

(12) the judicial Organ that carries out the search that has the right to open, through the use of force, rooms, accommodations, furniture and other objects in which you might find objects, records, traces of the crime or wanted persons, where their owner is not present or does not want to open them willingly. At the opening of their judicial bodies, carrying out searches should avoid undue damage.
  

(13) the judicial Organ is obliged to confine itself to raising only the objects and documents that relate to the deed for the prosecution. Objects or records whose retention is prohibited times circulation or in respect of which there is a suspicion that it may have to do with committing a crime for which the criminal proceedings shall be in motion on its own initiative always rises.
  

(14) in exceptional cases, the search may proceed without handing over the copy of the search warrant, mandate without a prior request for the surrender of the person or object, and without informing the possibility of application of a lawyer or the presence of a person of trust, in the following cases: a) when it is obvious that preparations should be made for covering all or the destruction of evidence or items which are important to the question;
  

b) if there is a suspicion that the space in which the search is to be carried out is a person whose life or physical integrity is endangered;
  

c) if there is suspicion that the person searched might absconds.
  

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Lit. c) of paragraph 2. (14) article. 159 was amended by article item 106. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(15) where the space where the search is to be performed is not on any person, it shall be carried out in the presence of a witness.
  

(16) In cases referred to in paragraph 1. (14) and (15), copy of the search warrant shall be given as soon as possible.
  

(17) the judicial Bodies which carry out searches can use force, adequately and proportionally to penetrate into a home: a) if there are good reasons to anticipate armed resistance or other types of violence there are times a danger with regard to the destruction of evidence;
  

b) in the case of a refusal or if there is no response was received to requests of judicial bodies to enter the home.
  

(18) is prohibited while conducting searches of any procedural acts in the same case, which by their very nature prevents the person from whom the search is made to participate in making it, except that unfolds in the same case, multiple searches.
  

(19) the place at which the search is conducted, as well as people or objects found during the search may be photographed times recorded mediums.
  

(20) the recording mediums or photos made are attached the minutes of search warrants and forming an integral part thereof.
  


Article 160 the identification and preservation of objects (1) After identifying objects or records shall be presented to the person from whom are raised and people present to be recognized and be marked by them towards neschimbare, after which it shall be sealed and labelled.
  

(2) articles which cannot be marked times may not apply labels and seals packed or close as possible together, after which applies to seals.
  

(3) articles which can not be lifted allow keeping the one in which they are located or a custodian. The person to whom leave towards preserving the objects i place that is required to maintain and preserve, and to make them available to the criminal investigation authorities, at their request, under the sanction laid down in art. 275 of the penal code.
  

(4) Samples for analysis shall be taken at least twice and is sealed. One of the samples leave of the raise, and in his absence, one of the persons referred to in art. 159 paragraph 1. (11) article 161 minutes search warrant (1) the activities carried on in connection with the performance of search are recorded in the minutes.
  

(2) the report must include: the name, first name) and the quality of the one who terminate;
  

b) number and date of the mandate of the Inquisition;
  

c) where it's ended;
  

d) date and time at which to start and the time you finished making mention of any case with interruptions occurring;
  

e) the surname, forename, occupation and address of the persons who were present at the making mention of detainment, with their quality;
  

f) inform the person to whom the search is to take place with regard to the right to contact a lawyer to participate in the search warrants;
  

g) a detailed description of the location and conditions under which records, objects or proceeds of crime traces have been discovered and elevated, and their detailed descriptions listing, in order to be recognized; particulars of the place and the circumstances in which the suspect or defendant was caught;
  

h) objections and explanations of persons who participated in conducting the search, and the particulars relating to recording mediums or photographs;
  

I) mentions about the objects that have not been raised, but were left in storage;
  

j) particulars as provided by law for special cases.
  

(3) the minutes shall be signed on every page and at the end at which it concludes, the person to whom it was made, its lawyer search that, if he was present, as well as of the persons referred to in paragraph 1. (2) (a). e). If any of these people cannot or refuses to sign, it does mention about this, and about the reasons for the inability or refusal to sign.
  

(4) a copy of the minutes shall allow the person to whom the search was made or from which totaled objects and records of those times one. 159 paragraph 1. (5) or (6) who participated in the search.
  


Article 162 measures on the high times records objects (1) high times records Objects which constitute evidence are attached to file or otherwise, and traces of the offence arises and are preserved.
  

(2) Objects, records and traces, which are not attached to the file, it can be photographed. The photographs shall be endorsed by the prosecution and is attached to the file.
  

(3) the materials of the sample shall be retained by the prosecution or the Court found folder, until the final settlement of the case.
  

(4) articles which have no connection with the cause shall be returned to the person to whom they belong, except those that are subject to confiscation in accordance with the law.
  

— — — — — — — — —-. (4) article. 162 has been modified by the point of article 107. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(5) objects serve as evidence, unless they are subject to confiscation in accordance with the law, may be returned even before the final resolution of the process, the person to whom they belong, unless when the refund might impede the understanding of the truth. Prosecution or Court put the views of the person to whom he has been returned to the objects that it is obliged to keep them until the final resolution of the case.
  

— — — — — — — — —-. (5) article. 162 has been modified by the point of article 107. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 163 of the objects preservation or high capitalization objects serve as evidence if they are among those referred to in article 1. 252 paragraph 1. (2) and if they are not returned, it should be preserved or recovered in compliance with art. 252. Article 164


Special provisions relating to searches conducted at a public authority, public institution or other public law legal persons Search to a public authority, public institution or other legal persons governed by public law shall be carried out according to the provisions of this section, as follows: the judicial organ is to legitimise) and provided with a copy of the representative's mandate, powers, authority, institution or legal person governed by public law;
  

b) is carried out in the presence of the search that was representative of the authority, institution or legal person under public law or to another person with full capacity for exercise;
  

c) a copy of the search warrant shall allow the representative authority, institution or legal person governed by public law.
  


Section 2 other forms of inquisition Article 165 Cases and conditions in which the search is carried out (1) bodily Search involves the examination of foreign body of a person, of the oral cavity, nose, ear, hair, clothing, objects that someone has it on him or under his control at the time of search.
  

(2) where there is a reasonable suspicion that by performing a full-body searches will be uncovered traces of the crime, offence or other objects which are important for finding out the truth of the matter, judicial bodies or any authority with powers in the public order and security assurance proceed to making it.
  


Article 166 Conducting body search (1) judicial Body should also ensure that the search is conducted with respect for human dignity.
  

(2) the search must be carried out by a person of the same sex with the person percheziţionată.
  

(3) Before the start of the case, the person searched requested voluntarily handing over of objects being sought. If the objects sought are no longer taught, carried out searches, unless it is considered useful to do this, search for other objects or traces.
  

(4) the minutes of the search warrant shall contain: the name and surname of the person) searched;
  

b) name, surname and status of the person who carried out the search;
  

c) enumeration of objects found in connection with the case;
  

(d)) where it's ended;
  

e) date and time at which to start and the time you finished making mention of any case with interruptions occurring;
  

f) a detailed description of the place and the conditions under which records, objects or proceeds of crime traces have been discovered and elevated, and their detailed descriptions listing, in order to be recognized; particulars of the place and the circumstances in which the suspect or defendant was found.
  

(5) the record must be signed on every page and at the end at which it concludes and the person percheziţionată. If the person percheziţionată is unable or refuses to sign, it does mention about this, and about the reasons for the inability or refusal to sign.
  

(6) a copy of the minutes leave the person searched.
  

(7) the provisions of article 4. 162 shall apply accordingly.
  


Article 167 Searches of a vehicle (1) Search a vehicle consists of an examination of the Interior of a vehicle outside of the times or other means of transport or of their components.
  

(2) the search of a vehicle shall be carried out under the conditions laid down in article 21. 165 para. (2) and (3) the provisions of art. 162, 165 and 166 shall apply accordingly.
  


Article 168 Search computer science — — — — — — — — — — the name marginal art. 168 was amended by article item 108. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(1) Through search warrants in computer system or a computer data storage is meant the process of research, discovery, identification and collection of samples stored in a computer system or data storage medium, realized through technical means and appropriate procedures, ensuring the integrity of the information contained therein.
  

(2) in the course of the prosecution, the judge of the rights and freedoms of the Court to which it would return to the jurisdiction of the jurisdiction at first instance or to the appropriate court in the degree to which the constituency registered office the Prosecutor of the Prosecutor who conducts or supervises the prosecution may have to carry out a search, at the request of the Prosecutor, when the taking of evidence the discovery and investigation is required of a computer system or a data storage medium .
  

— — — — — — — — —-. (2) of article 9. 168 was amended item 109 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) the Prosecutor shall submit the application requesting approval of information along with search performance of the dossier of the case the judge of rights and freedoms.
  

(4) the application shall decide in Council without summoning the parties. The Prosecutor's participation is mandatory.
  

(5) the judge shall dispose of the application, admission through discharge when it is grounded, the consent to carry out search and issue information as soon as the search term.
  

(6) the conclusion of the Court should include: a) the name of the Court;
  

b) date, time and place of issue;
  

c) name, surname and status of the person who issued the mandate;
  

d) period for which the mandate has been issued and in which activity should be made ready;
  

(e) the purpose for which it has) been issued;
  

f) computer system or data storage media information to be searched, and the name of the suspect or accused, if known;
  

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Lit. f) of paragraph 2. (6) article. 168 was amended by article item 109. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

g) signature and stamp of the judge of the Court.
  

(7) the conclusion whereby the judge of rights and freedoms to pronounce on the request for approval to carry out the search information is not subject to appeal.
  

(8) where, in connection with the performance of detainment of a computer system or a data storage medium, it is found that the information sought data are contained in another computer system support storage times of computer data and are accessible from the system or support initially, as soon as the Attorney has conservation, copying computer data identified and will require urgent completion of mandate , paragraph. (1) to (7) shall apply accordingly.
  

— — — — — — — — —-. (8) article. 168 was amended item 109 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(9) In order to execute the search in order to ensure the integrity of the disposed computer data stored on high objects, the Prosecutor has the making of copies.
  

(10) if the lifting objects that contain the information referred to in paragraphs 1 and 2 data. (1) would seriously affect the activity of people who hold these objects, the Prosecutor may order the execution of children, serving as evidence. Copies of the technical means and appropriate procedures, ensuring the integrity of the information contained therein.
  

(11) in the search of a computer system or storage medium of computer data is performed in the presence of the suspect or the accused, article 4. 159 paragraph 1. (10) and (11) shall apply accordingly.
  

— — — — — — — — —-. (11) article. 168 was amended item 109 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(12) the search in a computer system or storage medium of computer data is carried out by a specialist who operates within the judicial bodies or outside thereof, in the presence of the Prosecutor or of the criminal investigation.
  

— — — — — — — — —-. (12) article. 168 was amended item 109 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(13) the minutes of search computer science should include: the name of the person) which was erected the computer system or data storage media and computing times name the person whose computer system is probed;
  

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Lit. of paragraphs 1 to 5). (13) article. 168 was amended by article item 109. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

b) name of the person carried out the search;
  

(c) the names of those present at) performing the search;
  

d) description and listing of the information systems of storage media to times of computer data to which the search has been ordered;
  

e) description and listing of activities;
  

f) description and listing of computer data discovered in connection with the case;
  

g) signature or stamp of the person who carried out the search;
  


h) signature of persons present when performing search.
  

(14) the prosecution shall ensure that searches to be conducted without informatics as the facts and circumstances of the person's personal life to the search that was to become, unjustifiably.
  

(15) computer Data identified with secret shall be kept in accordance with the law.
  

(16) in the course of the judgment, ordering the search computer science by the Court, ex officio or at the request of the Prosecutor, the injured parties or the person, in the cases referred to in paragraph 1. (2) the carrying out of the term computer case is ordered by the Court shall be notified to the Prosecutor, who shall proceed according to paragraphs 1 and 2. (8)-(15)-— — — — — — — —-. (16) of article 1. 168 was introduced by item 109 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 168 1 computer ^ detainment of workers Performing computer police detainment under article 9. 168 paragraph 2. (12) can be achieved by the workers and police specializing in the presence of the Prosecutor or of the criminal investigation.
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Art. 168 ^ 1 was introduced by the pct, article 32. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Section 3 of lifting objects and records — — — — — — — — — — the 3rd Section head. (VI) was introduced by the pct. of article 110. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 169 picking up objects and records the prosecution or the Court has an obligation to pick up objects and records that can serve as evidence in criminal proceedings.


Article 170 Teaching objects, documents or data information (1) where there is a reasonable suspicion with respect to preparing or committing a crime and there are grounds to believe that an object in writing may serve as evidence in question, the organ of the prosecution or the Court may order the natural or legal person in the possession of the present to them and teach them making, under the evidence.
  

— — — — — — — — —-. (1) of article 1. 170 has been changed from point 111 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) in addition, under the terms of paragraph 1. (1) the prosecution or the Court may order: (a)) any natural or legal person from the Romanian territory to communicate certain data information in the possession or under his control, which is stored in a computer system times on a storage medium of computer data;
  

b networking vendor) of any electronic communication or public service provider of publicly available electronic communications to disclose certain data relating to subscribers and users to services rendered in his possession or under his control, other than communications and content than those laid down in article 21. 138 para. (1) (a). j). — — — — — — — — —-. (2) of article 9. 170 was altered art item 112. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.
(2 ^ 1) Natural persons or legal entities, including providers of publicly available electronic communications networks or electronic communications services to the public are given an opportunity to provide the required data on the basis of the signing of the para. (2) using an electronic signature based on extended a qualified certificate issued by a certification service provider accredited.
— — — — — — — — —-. (2 ^ 1), art. 170 was introduced by item 113 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.
(2 ^ 2) Any person authorized to transmit the requested data on the basis of paragraph 1. (2) has the opportunity to sign data using an extended electronic signature based on a qualified certificate issued by a certification service provider accredited and enabling them to be unambiguous to the person authorized, this assuming the responsibility in terms of the integrity of the data transmitted.
— — — — — — — — —-. (2 ^ 2) of art. 170 was introduced by item 113 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.
(2 ^ 3) Any authorized person who receives the requested data on the basis of paragraph 1. (2) to verify the integrity of data received and certify this by signing the data integrity using an extended electronic signature based on a qualified certificate issued by a certification service provider accredited and enabling them to be unambiguous to the person authorized.
— — — — — — — — —-. (2 ^ 3) of art. 170 was introduced by item 113 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.
(2 ^ 4) Every person who shall certify data in electronic signature respond according to law for the integrity and security of those data.
— — — — — — — — —-. (2 ^ 4) art. 170 was introduced by item 113 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.
(2 ^ 5) The application of the provisions of paragraph 1. (2 ^ 1 2 ^ 4) shall be made in compliance with the procedures laid down in the detailed rules for the application of this law.
— — — — — — — — —-. (2 ^ 5) of art. 170 was introduced by item 113 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) Repealed.
  

— — — — — — — — —-. (3) art. 170 was repealed by article item 114. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(4) Repealed.
  

— — — — — — — — —-. (4) article. 170 was repealed by article item 33. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(5) Repealed.
  

— — — — — — — — —-. (5) article. 170 was repealed by article item 33. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(6) Repealed.
  

— — — — — — — — —-. (6) article. 170 was repealed by article item 33. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Article 171 picking up objects and forced entries (1) if the object or the entry is not handed over voluntarily, prosecution, Ordinance, or court, through closing, has forced lifting. During the judgment available lifting objects or record enforced shall be communicated to the Prosecutor, who shall take steps to bring to fruition, through the criminal investigation body.
  

(2) against the measure ordered according to para. (1) or the bringing to fruition of its complaint can be made by any interested person. The provisions of article 250 shall apply accordingly.
  

(3) Order the criminal investigation body or that the Court must contain: name and signature of the person who ordered the surrender of the person's name, which is bound to teach the subject, computer data entry times, official description, or computer data you need, and the date and place where you have to be taught.
  

— — — — — — — — —-. (3) art. 171 was introduced by the pct, article 34. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(4) if the prosecution or the Court considers that a copy of an inscribed or computer data can serve as evidence, retain only the copy.
  

— — — — — — — — —-. (4) article. 171 was introduced by the pct, article 34. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(5) If the subject-matter, the entry particulars or information secret or confidential, presentation times teaching is done in a way to ensure secrecy and privacy-times.
  

— — — — — — — — —-. (5) article. 171 was introduced by the pct, article 34. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Chapter VII and finding Expertise — — — — — — — — — — the name of the Head. VII of title IV of the general part of amended item 115 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 172 Layout expertise or finding (1) conduct an expert appraisal ordering when recording for clarification or an appreciation of facts showing the times circumstances important for finding out the truth in question is necessary in the opinion of an expert.
  

(2) Expertise shall be ordered, pursuant to article. 100, upon request or ex officio, by the prosecution, by reasoned order, and in the course of the judgment ordering the Court, by a reasoned conclusion.
  

(3) the application of expertise must be expressed in writing, with an indication of the facts and circumstances, subject to assessment and clear objectives to be an expert.
  


(4) the expertise may be carried out by expert officials from specialized institutions or laboratories times by independent experts authorized in the country or abroad, in accordance with the law.
  

(5) the expertise and forensic examination is carried out within the forensic institutions.
  

(6) the Order of the prosecution or the conclusion of the court ordering the effectuation must indicate the facts and circumstances on which the wizard must establish, clarify them and evaluate them, goals to which we must respond, the time in which you have conducted your expertise, as well as the institution of the nominated experts times.
  

(7) in the areas of specialized, if strictly to the understanding of the evidence are required certain specific knowledge or other such knowledge, court times prosecution may request the opinion of some specialists that work within the judicial bodies or outside. The provisions relating to the hearing of the witness shall apply accordingly.
  

(8) when performing the expertise may participate in independent experts, appointed at the request of the parties or to the trial subjects.
  

(9) When there is danger of extinction of some evidence or change in the fact situations required urgent is the explanation of certain facts or circumstances of the case, prosecution may order Ordinance making a finding.
  

(10) the finding is done by a specialist that works within the judicial bodies or outside them.
  

(11) the forensic Certificate has the value of a report of findings.
  

(12) After the completion of the report of findings, the judicial organ considers that an expert opinion is required or when the report's conclusions are challenged the finding, it may order that a thorough surveys.
  

— — — — — — — — —-. (12) article. 172 was amended item 35 of article. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.
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Art. 172 was amended item 116 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 173 of the appointment of the expert (1) the expert shall be appointed by order of the prosecution by the Court.
  

(2) the prosecution or the Court shall, as a rule, one expert, except in circumstances where, as a result of the complexity of expertise, specialized knowledge required from distinct disciplines, in which case designates two or more experts.
  

— — — — — — — — —-. (2) of article 9. 173 was amended item 117 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) When the expertise is to be carried out by a forensic institution, by an Institute or laboratory, the appointment of one or more experts is made by that institution, in accordance with the law.
  

(4) the parties to the trial subjects shall have the right to require the parent as the effectuation to attend an expert recommended by them. Where expertise is ordered by the Court, the Prosecutor may request that an expert recommended it to participate in conducting expertise.
  

(5) Expert, forensic institution, Institute or laboratory, at the request of the expert, may, when it considers it necessary, the participation of specialists from other institutions or their opinion.
  

(6) the forensic Institution, Institute or laboratory specialist judicial body communicates arranged for experts ' opinions by name.
  


Article 174 Incompatibility Wizard (1) Person in any of the cases of incompatibility laid down in article 21. 64 may not be designated as an expert, and where it has been designated, the judgment cannot be found on the its findings and conclusions. The reason for the incompatibility must be proven which it invokes.
  

(2) In the same case, a person cannot have both the quality of the expert appointed by the judiciary and that of expert recommended by one of the subjects of the trial.
  

— — — — — — — — —-. (2) of article 9. 174 amended item 36 of article 1. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.
(2 ^ 1) May not be appointed as an expert recommended by parts in the same question a person who works within the same forensic institutions, Institute or laboratory expert expert appointed by the leadership of the institution at the request of a judicial organ.
— — — — — — — — —-. (2 ^ 1), art. 174 was introduced by point 37 of article. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(3) Repealed.
  

— — — — — — — — —-. (3) art. 174 was repealed by article item 118. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(4) the provisions of article 4. 66-68 shall apply accordingly.
  


Rights and obligations Article 175 (1) wizard the wizard has the right to refuse making expertise for the same reasons that the witness can refuse deposition testimony.
  

(2) the expert shall be entitled to take cognizance of the dossier's material needed for making expertise.
  

(3) the applicant may ask for Expert judicial body arranged for expertise concerning certain facts of the case circumstances times what must be valued.
  

(4) the parties may ask the Expert explanations and to the trial subjects, with the consent of and under the conditions laid down by judicial organs.
  

(5) the expert shall be entitled to a fee for the activity filed of expertise, for expenses that should incur or has incurred to carry out the expertise. The amount of the fee is determined by the judicial bodies depending on the nature and complexity of the case and the costs incurred or to be incurred by the expert. If expertise is carried out by the forensic laboratory of the Institute or times, the cost of expertise is established under the special law.
  

(6) the wizard can also benefit from protection measures, under the conditions laid down in article 21. 125. (7) the expert shall be required to present themselves in front of the bodies of criminal prosecution or the Court whenever it is called to draw up expert report respecting the term-limit laid down in the Ordinance of the prosecution or in the conclusion of the Court. The term-limit issue or discharge may be extended, at the request of the expert, for valid reasons, without lengthening the total exceed 6 months.
  

(8) the delay or refusal of unjustified expertise attracts the application of a judicial fines and civil liability of expert or institution designated to perform for the damage caused.
  


Article 176 (1) Replacement Wizard the wizard can be substituted if you refuse or, unjustifiably, expert report will not complete until the deadline.
  

(2) replacement of the Ordinance shall be ordered by the prosecution or by termination by the Court, after citing the wizard, and communicated to the Association or professional body to which it belongs.
  

(3) the expert is also replaced when his statement is permitted to abstain or objection times where lies in the objective impossibility to perform or complete expertise.
  

(4) the expert shall be replaced, under penalty referred to in article 1. 283 paragraph 1. (4), immediately available to all judicial organ acts or objects entrusted to it, as well as observations on the activities carried out by the time his replacement.
  


Article 177 Procedure expertise (1) the prosecution or the Court, when making an expertise, has set a deadline to which they are called on the parties to the trial subjects, as well as the expert, if it has been designated.
  

(2) The period specified shall be brought to the attention of the public prosecutor, the parties, the trial subjects and subject-matter expertise and expert questions the wizard needs to respond and have in mind that they have the right to make observations on those questions and that may require modifying or supplementing them. Also, if applicable, shall be shown in the Wizard object to analyze them.
  

(3) the expert is advised with respect to that obligation to examine the subject-matter expertise, to accurately indicate any observation or finding and expose an impartial review of the facts and circumstances to be evaluated in accordance with the rules of science and professional expertise.
  

(4) the parties to the trial and let the main subjects are that they have the right to require the appointment of an expert recommended by each of them, to attend effectuation.
  


(5) after considering the objections and requests made by the parties to the trial subjects, senior expert, prosecution or Court put the period within which the expert's standpoint to be done încunoştinţându it expertise at the same time, if the making thereof to attend parties or to the trial subjects.
  

(6) where the expertise is to be carried out by a forensic institution, a forensic lab or specialist Institute, are applicable to the provisions of art. 173 paragraph 3. (3) there's no need for the presence of the expert in front of judicial organ.
  


Article 178 of the Expert Report (1) after making expertise, findings and assessments, clarifications, the expert opinion shall be recorded in a report.
  

(2) when there are more experts shall be a single expert report.
  

Separate opinions shall state the reasons in the same report.

(3) the expert report shall be submitted to the judicial body that has arranged for expertise.
  

(4) the expert report shall comprise: a) in the introductory part, showing the judicial body that has ordered effectuation, the date when it has been arranged for it, first and last name, on which the expert's expert to respond to, the date on which it was made, the material upon which such expertise was carried out, încunoştinţării the parties, if they have participated in it and gave explanations during the expertise , the date of the expert report;
  

b) part which are described through expository operations expertise, methods, programs and equipment used;
  

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Lit. b) of paragraph 2. (4) article. 178 was amended by item 119 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

c) findings, which responds to the objectives of judicial bodies, as well as any other clarifications and findings resulting from the carrying out of expertise, expertise in relation to objectives.
  

(5) in the event that the expertise was conducted in the absence of the parties or of the trial subjects, they or their lawyer are let with regard to preparation of the expert report and the right to study the report.
  


Article 179 (1) of the expert Hearing in the course of criminal proceedings or of the judgment, the wizard may be heard by the prosecution or the Court, at the request of the public prosecutor, the parties, the main trial subjects or ex officio, if the judicial body that the hearing is needed to untangle the findings or conclusions of the expert.
  

(2) If the expertise was conducted by a forensic institution, Institute or laboratory, the institution will appoint an expert, of the persons who participated in conducting expertise, to be questioned by the prosecution or the Court.
  

(3) the hearing shall be conducted according to the provisions of the expert concerning the hearing of witnesses.
  


Article 180 Supplement of expertise (1) when the prosecution or the Court finds, upon request or ex officio, that expertise is not complete, and this deficiency cannot be decided by the expert hearing, making a supplement of expertise by the same expert. When it is not possible to designate the same expert, ordering the carrying out of an other surveys by another expert.
  

(2) When expertise was carried out within the institution of a Forensic Institute or laboratory, prosecution or court is addressed to the institution in order to carry out the supplement of expertise.
  


Making a new article 181 surveys (1) prosecution or court has to carry out a new surveys when the conclusions of the expert report are unclear or contradictory times between the content and conclusions of the expert report there are contradictions and these deficiencies cannot be eliminated through hearing expert.
  

(2) where the prosecution or the Court has to carry out a new surveys by a forensic institution, this is done by a Committee, in accordance with the law.
  


Article 181 ^ 1 Object finding and report of findings (1) prosecution established by Ordinance subject to the finding, the questions you need to answer the expert and the period within which the work is to be carried out.
  

(2) the report shall include a description of the finding made by the specialist operations, methods, programs, and equipment used and the conclusions of the finding.
  

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Art. 181 ^ 1 was introduced by the pct. of article 120. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


What you need to the article 182 issue Institute required in cases relating to the offence of forgery of currency or other values, the prosecution or the Court may require the applicant Institute.


Article 183 scriptelor Presentation of comparison (1) in cases relating to offences of false entries, with the prosecution or the Court may order the scripts to be generated for comparison.
  

(2) If the basis can be found in public warehouses, the authorities are obliged to release them.
  

(3) If the basis is within a person, prosecution or court puts in sight to present.
  

(4) on the basis of place in a sealed envelope which shall be endorsed by the prosecution or by the presiding court and signed by those who submit them.
  

(5) the prosecution of the times the Court may require the suspect or the accused may submit a written piece with his hand or amanuensis.
  

(6) If a suspect or defendant refuses, it does mention in the minutes. Refusal to comply with the request of the prosecution or the Court may not be interpreted against the suspect or the accused.
  


Article 184 the forensic psychiatric Expertise (1) in the case of offences committed by minors aged between 14 and 16 years old, in the case of the killing or injury of the newborn child or fetus by the mother, and when the prosecution or the Court has one doubts over suspect accused in times of discernment committal of the crime makes the subject of the claim, it has to carry out a forensic psychiatric expertise at the same time fixing the time limit for submission for examination.
  

— — — — — — — — —-. (1) of article 1. 184 has been changed from point 121 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) Expertise shall be carried out within the institution of the forensic Commission, constituted according to the law.
  

(3) the forensic psychiatric Expertise shall be carried out after obtaining written consent of the person to be subjected to expertise, expressed in the presence of a lawyer chosen or ex officio, in front of the judicial organ, and in the case of the minor, and in the presence of legal guardian.
  

— — — — — — — — —-. (3) art. 184 has been changed from point 121 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(4) where the suspect or defendant refuses during prosecution effectuation times fails to appear for examination at the forensic psychiatric Commission, criminal investigation body referred the matter to the Prosecutor or the judge of the rights and freedoms in order to issue a warrant for the purpose of presentation of the forensic psychiatric Commission. The provisions of article 265 para. (4) to (9) shall apply accordingly.
  

(5) where it considers it necessary to examine complex, requiring medical hospitalisation of the defendant or suspect in a health institution, and he refuses hospitalization, forensic Commission matter to the prosecution or the Court with regard to the need to take the measure of admission nevoluntare.
  

(6) in the course of criminal proceedings, the Prosecutor shall, if it considers that the Commission's forensic request is well founded, it may ask the judge rights and freedoms from the Court which would return to the jurisdiction of the jurisdiction at first instance or to the appropriate court in its degree in whose constituency lies the place of internment times prosecution the Attorney that drew up the proposal taking measure of admission nevoluntare for up to 30 days, in order to carry out psychiatric expertise.
  

(7) the proposal of the Prosecutor making admission measure nevoluntare should include, where applicable, entries relating to: deed for the prosecution, classification, name of the crime; facts and circumstances resulting from concerns over the suspect or defendant discernment, to refer to the forensic psychiatric Commission concerning the refusal of the suspect or accused to domestic, motivating the need of taking the measure of the admission and its proportionality with the aim pursued. The proposal together with the dossier of the case shall be presented to the judge of rights and freedoms.
  


(8) the judge rights and freedoms fixed day and time to settle the proposed measure making admission nevoluntare, no later than three days from the date of referral, having the obligation to quote him on the suspect or indicted for the deadline. The time limit shall be communicated to the Prosecutor and the suspect's lawyer, or defendant, who shall, upon request, the right to study the dossier of the case and the proposal of a Prosecutor.
  

(9) the resolution of the proposed measure is making admission nevoluntare is made only in the presence of the suspect or defendant, unless when it is gone, evade, or when due to health status or because of force majeure condition of necessity times cannot be present.
  

(10) the participation of the Prosecutor and the lawyer chosen or appointed ex officio of the suspect accused times.
  

(11) in the case of acceptance of the proposal of the judge's nevoluntară, the end of internment must include: a) data of the suspect or accused;
  

b) description which is charged with the offence of the suspect or the accused, the legal classification and naming of the crime;
  

(c) the facts and circumstances) from which arises a doubt on the mental state of the suspect or accused;
  

d) motivation of the necessity of taking the measure of admission nevoluntare for forensic psychiatric expertise and its proportionality with the aim pursued;
  

e) duration of the measure in the clinic.
  

(12) after taking the measure, the suspect or the defendant shall be informed immediately, in a language he understands, of the reasons for the deaths, concluding in this sense a report.
  

(13) After the arrangement of admission, if the suspect or the accused is in detention, the judge State of rights and freedoms shall inform the administration of the place of detention and internment measure about transfer arestatului in a psychiatric ward of a prison hospital.
  

(14) the judge's conclusion against the rights and freedoms of opposition can be made to the judge of the rights and freedoms of the Superior Court of the suspect, the accused or prosecutor within 24 hours of delivery. The appeal against the closure of ordering the internment of nevoluntară shall not suspend the execution.
  

— — — — — — — — —-. (14) article. 184 has been changed from point 121 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(15) the appeal made by the suspect or defendant against the conclusion that ordered the internment of nevoluntară shall decide within 3 days from the date of its registration and is not suspensive.
  

(16) in order to solve the opposition brought by the Prosecutor, the judge of the superior court citing the suspect or the accused has. Participation of the lawyer chosen or appointed ex officio of the suspect accused times.
  

— — — — — — — — —-. (16) of article 1. 184 has been changed from point 121 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(17) in order to solve the opposition made by the suspect or the accused, the judge of the superior court shall notify the Prosecutor of the appeal date set for judgment and give them the opportunity to submit written observations by that date, apart from the case when it considers that the presence of the suspect or the accused, the Prosecutor and the oral formulation of conclusions by them are necessary for the fair resolution of the appeal.
  

(18) in the case of acceptance of the opposition expressed by the suspect or defendant, the judge of the Superior Court has reject this proposal and inpatient discharge, if any, as soon as the suspect or the defendant, if he is not detained or arrested even in another question.
  

(19) the dossier of the case shall be returned to the Prosecutor within 24 hours after the resolution of the appeal. If the judge's conclusion on rights and freedoms is not contested with opposition, it refunded the dossier to the Prosecutor within 24 hours after the expiry of the opposition period.
  

(20) in the course of the judgment, if the defendant refuses effectuation times fails to appear for examination at the forensic psychiatric Commission, Court, ex officio or at the request of the Prosecutor, order the issuance of a warrant of remembrance article. 265. (21) Measure your nevoluntare may be taken by the Court in the course of the judgment in Commission proposal forensic psychiatric hospitals. The provisions of paragraphs 1 and 2. (6) to (19) apply accordingly.
  

(22) Immediately after taking the measure of admission nevoluntare or subsequent change of the place of internment, the judge of the rights and freedoms or, where appropriate, the presiding court that ordered the measure încunoştinţează about this and about the place of the stay a family member or a suspect or accused person designated by it, as well as the institution that performs forensic expertise, ending in this sense a report. Specialized institution has the obligation to inform the judiciary authorities about the change of the place of internment.
  

(23) a judgment by which the admission is nevoluntară has put in execution of the Prosecutor through the police.
  

(24) where the suspect or the accused is in detention, the judge State of rights and freedoms or what court-ordered admission measure in a specialized institution for the purpose of conducting forensic psychiatric expertise shall, without delay, the administration of the place of detention or arrest about the measure ordered.
  

(25) Measure purposes was institutionalized medical forensic psychiatric expertise may be extended once, for a period not exceeding 30 days. Board of forensic psychiatric referred the matter to the Prosecutor or the Court, as appropriate, on the need for extension admission measure with at least 7 days prior to its expiry. The appeal shall contain a description of the activities carried out, reasons for examination has not been completed during the admission, examinations to be carried out, specifying the period for which the extension is required. The provisions of paragraphs 1 and 2. (6)-(24) shall apply accordingly.
  

(26) where prior to the expiry of the stay nevoluntare it appears that it is no longer necessary, the Board of forensic psychiatric or person admitted the matter as soon as the body that ordered the measure, with a view to its revocation. The appeal is an emergency in Nepal said the Board of the Council, with the participation of the Prosecutor, after hearing the lawyer chosen or ex officio of the person admitted. The conclusion pronounced by the judge of the rights and freedoms or the Court is not subject to any appeal.
  

(27) If in the course of conducting forensic psychiatric expertise it is established that the conditions laid down in article 21. 247 the Commission of forensic psychiatric matter to judicial bodies in order to take the measure of medical hospitalisation.
  

(28) the period within which the suspect or defendant was hospitalized in a specialized institution for psychiatric expertise shall be deducted from the duration of punishment, pursuant to article. 72 of the penal code.
  


Article 185 forensic Autopsy (1) forensic Autopsy shall be ordered by the prosecution or the Court, in cases of violent death or if it is suspected to be violent or when it is not known the cause of death of the time there is a reasonable suspicion that the death was caused directly or indirectly by means of an offence or in relation to an offence. Where the victim's body was interred, is willing to examine the corpse through the exhumation autopsy.
  

(2) the Prosecutor shall immediately perform a features forensic autopsies if the death occurred while the person is in police custody, the National Administration of penitentiaries, during hospitalisation or medical nevoluntare in the case of any death which raises suspicion of a breach of human rights, torture or any other inhuman treatment.
  

(3) in order to assess whether there are grounds to perform forensic autopsy, prosecution or the Court may request the opinion of the coroner.
  

(4) an autopsy is performed within the forensic institution, according to the law.
  

(5) when carrying out forensic autopsy can be co-opted and specialists in other medical fields, in order to establish the cause of death, the coroner's request, with the exception of the doctor who treated the deceased person.
  

(6) on the occasion of carrying out forensic autopsy may be used in any legal methods for establishing the identity, including the collection of biological samples in order to determine a genetic profile.
  

(7) the prosecution shall încunoştinţeze a family member about the autopsy and the date the right to appoint an independent expert to assist the authorized to carry out the autopsy.
  


(8) the coroner who performed the autopsy shall draw up an expert report which includes its findings and conclusions relating to: a) the identity of the deceased or particulars, if the identity is not known;
  

b) kinds of death;
  

(c) the medical cause of death);
  

d) existence of traumatic injuries, mechanism of production, the nature of the agent vulnerant and the causal link between traumatic injuries and death;
  

e the results of lab) performed on biological samples taken from a corpse and suspicious substances found;
  

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Lit. s) para. (8) article. 185 amended by point of article 122. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

f) biological traces found on the body of the deceased;
  

g) probable date of death;
  

(h) any other elements) can contribute to the explanation of the circumstances of the production.
  


Article 186 (1) Exhumation Exhumation may be ordered by the Prosecutor or the Court to determine the manner and cause of death, the identification of the corpse or the necessary elements for the establishment of any resolution of the case.
  

(2) shall be made in the presence of the Exhumation of the body of the criminal investigation.
  

(3) the provisions of article 4. 185 paragraph 2. (4) to (8) shall apply accordingly.
  


Article 187 forensic Autopsy of the fetus or neonate (1) forensic Autopsy of a fetus is available to determine age, survival capability intrauterine extrauterine, sorts and cause of death, as well as for the establishment of parentage, where appropriate.
  

(2) the forensic Autopsy of a newborn is available to determine whether the baby was born alive, the duration of survival, viability, and ectopic medical cause of death, date of death, if i were given medical care after birth, as well as for the establishment of parentage, where appropriate.
  


Article 188 toxicological Expertise (1) where there is a suspicion with regard to the production of a poisoning, it has to carry out a toxicological expertise.
  

— — — — — — — — —-. (1) of article 1. 188 was amended item 123 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) the products considered suspicious that would have caused intoxication are sent to forensic institution or another institution.
  

— — — — — — — — —-. (2) of article 9. 188 was amended item 123 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) Conclusions the toxicological expertise include findings on the toxic substance (s) type, quantity, route of administration, as well as the possible consequences of the substance, as well as other elements that help to establish the truth.
  


Article 189 the Forensic Examination of the person (1) Forensic Examination of the person for the purpose of finding traces and consequences of a crime shall be carried out according to law.
  

(2) the coroner who conducted the forensic examination shall produce a certified forensic or, where appropriate, an expert report.
  

(3) the finding of traumatic injuries is usually carried out through a physical examination. Where it is not possible or necessary to physical examination, carried out on the basis of expertise is medical documentation made available to the expert.
  

— — — — — — — — —-. (3) art. 189 was modified by item 124 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(4) the expert report or forensic certificate must contain: a description of the traumatic injuries, as well as expert opinion as to the nature and severity of injuries, and the date of its production mechanism, the aftermath of which they have produced.
  


Article 190 (1) physical Examination physical examination of a person implies external and internal examination of the body, and the collection of biological samples. Prosecution must request the written consent of the person to be examined. In the case of persons lacking in exercise capacity, consent to physical examination is required, and the legal representative in the case of those with restricted capacity of exercise, their written consent must be expressed in the presence of ocrotitorilor.
  

— — — — — — — — —-. (1) of article 1. 190 was modified by item 125 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) in the absence of consent in writing of the person to be examined, the legal representative or guardian încuviinţării on the part of the judge's legal rights and freedoms has, through closing, at the reasoned request of the Prosecutor, the physical examination of the person, if such a measure is necessary in order to establish facts or circumstances to ensure proper criminal prosecution or to determine whether a particular trace or consequence of the offence can be found on the body or inside the body it.
  

(3) the application of the prosecution must include: the name of the person whose physical examination is requested, the fulfilment of the conditions laid down in paragraph 1. (2) the ways in which the physical examination to be carried out, the crime of which the defendant is accused or suspect.
  

(4) the judge of the rights and freedoms of making application solves physical examination in the Council Chamber, through discharge what is not subject to any appeal.
  

(5) where a person being examined does not express consent in writing, and there is an emergency, and obtaining the authorisation of the judge under the terms of paragraph 1. (4) would result in a substantial delay of investigations, loss, alteration or destruction of evidence, the prosecution may provide, by Ordinance, physical examinations. Order of the prosecution, and the minutes in which are recorded the activities undertaken in connection with physical examination shall be submitted as soon as the judge of rights and freedoms. If the judge finds that the conditions laid down have been observed at para. (2) has, by a reasoned conclusion, validation of physical examination carried out by the prosecution. Breach by the prosecution of the conditions referred to in paragraph 1. (2) exclusion of evidence obtained by draws physical examination.
  

— — — — — — — — —-. (5) article. 190 was modified by item 38 of article. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(6) physical examination conducted by Validating the prosecution is carried out pursuant to paragraph 1. 4. (7) physical examination of a person's internal body or collection of biological samples must be carried out by a doctor, nurse or a person with medical training, with due regard for privacy and human dignity. Physical examination of the minor who has not reached 14 years of age can be done in the presence of one of the parents, at the request of the parent. Harvesting of both methods of biological samples for genetic expertise in judicial procedures may be performed by specialized staff of the Romanian police.
  

— — — — — — — — —-. (7) article. 190 was modified by item 125 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(8) when driving a vehicle by a person under the influence of alcoholic beverages or other substances, biological sampling is carried out the order of finding bodies and with the consent of the person subjected to an examination by a doctor, nurse or a person with medical training, as soon as possible, in a medical institution, under the conditions laid down by special laws.
  

— — — — — — — — —-. (8) article. 190 was modified by item 125 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(9) the activities carried out in connection with physical examination shall be entered by the prosecution in a report you need to contain: name and surname of the Criminal Procedure Ordinance, which terminate or conclude by that measure has been ordered, has been completed, the date and time of the beginning and the time it was finished, the name and surname of the person examined physical examination, a description of the nature of the activities, the list of samples in the physical examination.
  

— — — — — — — — —-. (9) article. 190 was modified by item 125 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(10) the results obtained from the analysis of biological samples can be used in another criminal case, if you serve the truth.
  

— — — — — — — — —-. (10) of article 1. 190 was modified by item 125 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


(11) the Biological Samples that were not eaten on the occasion of the tests carried out are preserved and kept in the institution where they were processed for a period of at least 10 years after the exhausted ordinary remedies of judgement.
  


Article 191 genetic judicial Expertise (1) legal Expertise can be genetic features of the criminal investigation body, by Ordinance, in the course of a criminal investigation, or by the Court, by concluding, in the course of the judgment, regarding the biological samples collected from individuals or any other samples that have been found to be high times.
  

— — — — — — — — —-. (1) of article 1. 191 amended item 126 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) genetic Expertise shall be carried out within the legal institutions of forensic institution a specialty lab times or any other specialized institutions and accredited certificates in this type of analysis.
  

(3) Biological Samples harvested when examining body may be used only to identify the genetic profile.
  

— — — — — — — — —-. (3) art. 191 amended item 126 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(4) genetic Profile in judicial conditions para. (3) can also be used in another criminal case, if it serves the truth.
  

— — — — — — — — —-. (4) article. 191 amended item 126 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(5) the data obtained as a result of genetic expertise constitutes personal and judicial data shall be protected in accordance with the law.
  


Chapter VIII Research and crime scene reenactment Article 192 spot Research — — — — — — — — — — the name marginal art. 192 amended item 127 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(1) Research on the spot of the prosecution, and in the course of the judgment by the Court, when it is necessary to determine the finding of direct or clarify certain circumstances actually showing the importance to establish the truth, and whenever there is suspicion about a person's death.
  

— — — — — — — — —-. (1) of article 1. 192 amended item 127 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) the prosecution or the Court may prohibit persons who are or who come to the place where they carry out research to communicate among themselves or with other people.
  


Article 193 (1) reconstitution of the prosecution or the Court, if it finds necessary for the verification and specification of the data or samples to determine the times managed circumstances actually showing the importance for the solution of the case may proceed to restoring, in whole or in part, the manner and conditions in which the Act was committed.
  

(2) the judicial Organs shall replenishment activities or situations, taking into account the circumstances in which the act occurred, on the basis of the evidence. Where witness statements, the parties or the trial of the main subjects on the activities or situations where you need to be reconstituted are different replenishment must be performed separately for each variant of the unfolding scene described by them.
  

— — — — — — — — —-. (2) of article 9. 193 has been modified by the point of article 128. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) When the suspect or defendant is in any of the situations referred to in article 1. 90, restoring is done in his presence, assisted by Defender. When the suspect or defendant is unable or refuses to participate in the reconstitution, it shall be carried out with the participation of another person.
  

— — — — — — — — —-. (3) art. 193 has been modified by the point of article 128. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(4) the reconstitution must be carried out so as not to be a breach of the law or public order, not to touch the public morals and not be put in danger the life or health of persons.
  


Article 194 other people to research and to reconstructing — — — — — — — — — — the name marginal art. 194 was modified by item of article 129. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.
Prosecution or the Court may order the coroner or the presence of any person whose attendance it considers necessary.


Article 195 minutes of onsite research or reconstitution — — — — — — — — — the name marginal art. 195 has been amended item 130 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(1) performing research on the spot or the ending of a report, which shall contain, in addition to the particulars provided for in article 10. 199, as follows: — — — — — — — — — — the introductory part of paragraph 1. (1) of article 1. 195 has been amended item 130 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

the Ordinance or indication) conclusion that ordered the measure;
  

b name, surname) individuals present and the capacity in which they participate;
  

c) name and surname of the suspect or accused, if applicable;
  

d) a detailed description of the situation, the traces found, items examined and those raised to the position and status of other material means of proof, so that they can be played with precision and as far as possible with the respective dimensions. In the case of detailed records and conduct direct restocking.
  

(2) in all cases you can make sketches, drawings or photos or other such works, which shall be annexed to the minutes.
  

(3) the work carried out and the findings of the expert shall be recorded in the minutes.
  

(4) the record must be signed on every page and at the end of the terminate and persons who participated in the research or reconstitution. If any of these people cannot or refuses to sign the minutes shall make mention of this, and of the reasons for the inability or refusal to sign.
  


Chapter IX Photographing and taking fingerprints of the suspect, the accused or other persons Article 196 Photographing and taking fingerprints of the suspect, the accused or other persons (1) the prosecution may require photographing and taking fingerprints of the suspect, the accused or other persons in respect of which there is a suspicion that they are related to the deed committed or that were present at the crime scene even in the absence of their consent.
  

(2) the prosecution may authorize to give publicity photograph of a person, when such a measure is necessary in order to establish the person's identity or in other cases where the publication of the photograph presents the importance for the proper conduct of the prosecution.
  

(3) If it is necessary to identify the fingerprints that were found on certain objects or persons that can be put in relation to the Act of committing the offence place, times the prosecution may require taking the fingerprints of persons believed to have been in contact with those objects, i.e. photographing those about who is supposed to have had connection with the deed committed or were present at the scene.
  

— — — — — — — — —-. (3) art. 196 was modified by item 131 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Chapter X of the sample material means Article 197 Objects as evidence (1) articles which contain or bear traces of the offence committed, and any other objects that may serve to finding out the truth are material resources.
  

(2) offences Are bodies means that sample materials have been used or were intended to serve from committing a crime, as well as objects that are the product of the offence.
  


Chapter XI Records Article 198 evidence by (1) Records may serve as evidence, if their content, facts or circumstances likely to contribute to finding out the truth.
  

— — — — — — — — —-. (1) of article 1. 198 has been modified by item 132 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) the minutes containing the findings of the prosecution or the Court is evidence. The minutes drawn up by the bodies referred to in article 1. 61 para. (1) (a). the-c)) constitute acts of instituting the criminal prosecution body and does not have the value of the findings in the criminal trial.
  

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Paragraphs 1 and 2. (2) of article 9. 198 has been modified by item 132 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 199 of contents and form of the minutes (1) minutes shall comprise: a) the surname, forename and the quality of the one who terminate;
  

b) where it's ended;
  

c) date on which ended the minutes;
  

d) date and time at which began and ended the activity recorded in the minutes;
  

(e)) and last name, social security number and address of the persons who were present at the preparation of the minutes, with mention of their quality;
  

f) a detailed description of the findings and the measures taken;
  

g) first and last name, social security number and address of the persons referred to in the report, the objections and their explanations;
  

h) particulars as provided by law for special cases.
  

(2) the report must be signed on every page and at the end at which it concludes, and the persons referred to in subparagraph (a). e) and (g)). If any of these people cannot or refuses to sign, it does mention about this, and about the reasons for the inability to sign the times refusal.
  


Rogatorie Commission article 200 (1) When an organ of the prosecution or the Court does not have the opportunity to listen to a witness, to make an investigation on the spot, to picking up objects or carry out any other procedural act, may apply to another organ of the prosecution or to an other instances, which can be carried out.
  

(2) setting in motion the criminal action, preventive measures are taken, the consent of the evidence and disposition of the other procedural acts or procedural measures cannot form the subject-matter of the Commission rogatorii.
  

(3) the Commission may only address rogatorie an organ or an authority of equal rank.
  

(4) Ordinance or the conclusion which the Commission has ordered rogatorie should contain all what you need relating to the performance of the Act which is the subject of it, and if you are going to be heard, it will look and what questions should be.
  

(5) the prosecution or the Court which conducts Commission rogatorie can put further questions, if the need arises during their obedience.
  

(6) where the Commission rogatorie was ordered by the Court, the parties may bring in front of its questions, which will be submitted to the Court to carry out the Commission rogatorie.
  

(7) in addition, either party may request to be cited in the conduct of the Commission rogatorii.
  

(8) When the defendant is detained, the Court to carry out the appointment of a Commission rogatorie has ex officio attorney who will represent, in the absence of the lawyer.
  


Article 201 Delegation (1) the prosecution or the Court may order, subject to the conditions set out in art. 200 para. (1) and (2) making a procedural document and through delegation. The delegation may be given only an organ or a court judgment in a hierarchical structure.
  

(2) the provisions concerning the Commission rogatorie shall apply accordingly in the event of delegation.
  


Title V preventive measures and other procedural measures preventive measures chapter I section 1 General provisions Article 202, General conditions and categories of preventive measures (1) preventive measures can be arranged if there is evidence or reasonable indications which show reasonable suspicion that a person has committed a crime and are necessary in order to ensure the proper conduct of the criminal trial to prevent theft, of the suspect or accused from prosecution or trial or to prevent the Commission of another crime.
  

(2) No preventive measure can not be ordered, confirmed, extended or maintained if there is a cause that prevents setting in motion or the exercise of criminal action.
  

(3) Any preventive measure shall be proportionate to the gravity of the accusation of the person to whom it is taken and required to achieve the aim pursued through the layout.
  

(4) preventive measures are: a) detention;
  

b) judicial review;
  

c) judicial review on bail;
  

d) house arrest;
  

e) imprisonment.
  


Article 203 of the judicial Organ competent and act upon ordering preventive measures (1) Preventive Measure referred to in paragraph 1 202. (4) (a). the front can be considered) by the suspect or indicted by the criminal investigation body or by the Prosecutor, but in the course of criminal proceedings.
  

(2) preventive measures under article 4. 202 para. (4) (a). b) and c) can be taken against the accused in the course of criminal proceedings by the public prosecutor and the judge of rights and freedoms, in the procedure of preliminary room by the judge of the preliminary room, and in the course of the judgment by the Court.
  

— — — — — — — — —-. (2) of article 9. 203 was changed from point of article 133. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) the preventive measures provided for in article 10. 202 para. (4) (a). d) and (e)) may be taken against the accused in the course of the prosecution, the judge of rights and freedoms, in the procedure of preliminary room by the judge of the preliminary room, and in the course of the judgment by the Court.
  

(4) the criminal investigation and the Prosecutor have preventive measures by means of a reasoned order.
  

(5) in the course of criminal proceedings and of the procedure for preliminary room requests, proposals, complaints and appeals regarding preventive measures shall decide the Council's Chamber, by a reasoned conclusion, who stands in the Council Chamber.
  

— — — — — — — — —-. (5) article. 203 was changed from point of article 133. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(6) in the course of the judgment, the Court shall decide upon preventive measures through a reasoned conclusion.
  

(7) the decisions handed down by the judge of freedoms, rights and duties of the judge of the preliminary room or of the Court shall be communicated to the accused and the Prosecutor who missed delivery.
  


Article 204 the appeal against ordering discharges upon preventive measures during criminal proceedings (1) Against the discharges by which judge of rights and freedoms has on the preventive measures, the defendant and the Prosecutor may seek review, within 48 hours of delivery or, where appropriate, of the communication. The appeal is submitted to the judge of the rights and freedoms which has rejected the conclusion contested and forwarded, together with the file of the case, the judge of the rights and freedoms of the superior court, within 48 hours of registration.
  

— — — — — — — — —-. (1) of article 1. 204 was amended item 134 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) appeals against the judge discharges through which the rights and freedoms of the High Court of Cassation and Justice has over preventive measures are of a completely solves composed of judges from the rights and freedoms of the High Court of Cassation and justice, the provisions of this article shall apply accordingly.
  

— — — — — — — — —-. (2) of article 9. 204 was amended item 134 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) the notice of opposition against the conclusion by which it was willing to extend the taking or a preventive measure or that it was found its right of termination is not suspensive.
  

(4) the appeal lodged by the defendant shall decide within 5 days after the registration.
  

(5) the appeal lodged by the public prosecutor against the conclusion of the willing rejection of the proposal for the extension of pre-trial detention, the revocation of a preventive measure or the replacement of a preventive measure with another preventive measure before deciding expiry preventive measure laid out above.
  

(6) in order to solve, citing opposition by the defendant.
  

— — — — — — — — —-. (6) article. 204 was amended item 134 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(7) the resolution of the appeal shall be made in the presence of the defendant, unless when it is missing or wrongly, is gone, evade or health status, for reasons of force majeure or necessity cannot be brought before the judge. It is considered that the defendant is present and deprived of freedom who, with his consent and in the presence of the defender chosen or appointed ex officio and, where appropriate, and the performer, participates in the resolution of the appeal by videoconference, the place of detention.
  

— — — — — — — — —-. (7) article. 204 was amended by point 39 of article. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


(8) in all cases, legal assistance is mandatory for the accused by a lawyer, either chosen or appointed ex officio.
  

(9) the participation of the Prosecutor is compulsory.
  

(10) in the case of admission issued by the Prosecutor's appeal and disposition of arrest of the accused, article 4. 226 applies accordingly. In the case of acceptance of the opposition brought by the Prosecutor and the continuation of the preventive arrangement of the defendant, article 4. 236 paragraph 1. (1) and (2) shall apply accordingly.
  

(11) If the conditions laid down are met, it may order the taking of one of the preventive measures referred to in article 1. 202 para. (4) (a). b)-d) or increasing the amount of the bail payment.
  

— — — — — — — — —-. (11) article. 204 was amended item 134 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(12) in the case of acceptance of the opposition brought by the defendant against the conclusion by which it was willing to extend the measure to be taken or pre-trial detention, it may order, subject to the conditions provided by law, rejecting the proposal of making or extending the preventive measure or, as the case may be, replace it with another preventive measure easier and, where appropriate, the implementation without delay of the defendant, if he is not arrested in another question.
  

— — — — — — — — —-. (12) article. 204 was amended item 134 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(13) the dossier of the case shall be returned to the Prosecutor within 48 hours of the appeal.
  

(14) If the judge's conclusion on rights and freedoms of the Court of first instance is contested with no opposition, it refunded the dossier to the Prosecutor within 48 hours following the expiry of the opposition period.
  


Article 205 the appeal against ordering the discharges on the preventive measures in the preliminary procedure the Chamber (1) Against the discharges through which the judge at the preliminary hearing room Court with indictment has on the preventive measures, the defendant and the Prosecutor may seek review, within 48 hours of delivery or, where appropriate, of the communication. The appeal is submitted to the judge for preliminary room who pronounced the conclusion contested and forwarded, together with the file of the case, the judge of the preliminary court room superior, within 48 hours of registration.
  

— — — — — — — — —-. (1) of article 1. 205 was amended by paragraph 4 of art. in accordance with law No. 75 of 28 April 2016, published in MONITORUL OFICIAL nr. 334 of 29 April 2016, which amended article 1. From the EMERGENCY ORDINANCE nr. 82 of 10 December 2014, published in MONITORUL OFICIAL nr. 911 from 15 December 2014.

(2) appeals against the discharges through which the judge of preliminary room at the High Court of Cassation and justice, has in preliminary proceedings the Chamber deciding upon preventive measures for another of the same court, in accordance with the law.
  

— — — — — — — — —-. (2) of article 9. 205 was amended item 135 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) the notice of opposition against the conclusion that ordered the taking or maintaining a preventive measure or that it was found its right of termination is not suspensive.
  

(4) the appeal lodged by the defendant shall decide within 5 days after the registration.
  

(5) the appeal lodged by the public prosecutor against the conclusion that ordered the revocation of a preventive measure or the replacement of a preventive measure with another preventive measure before deciding expiry preventive measure laid out above.
  

(6) in order to solve, citing opposition by the defendant.
  

— — — — — — — — —-. (6) article. 205 was amended item 135 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(7) the provisions of article 4. 204 paragraph 2. (7) shall apply accordingly.
  

— — — — — — — — —-. (7) article. 205 was amended by point 40 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(8) in all cases, legal assistance is mandatory for the accused by a lawyer, either chosen or appointed ex officio.
  

(9) the participation of the Prosecutor is compulsory.
  

(10) If the conditions laid down are met, with the resolution of the appeal may dispose of one of the preventive measures to be taken under article 4. 202 para. (4) (a). b)-d) or increasing the amount of the bail payment.
  

— — — — — — — — —-. (10) of article 1. 205 was amended item 135 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 206 appeal against ordering discharges upon preventive measures during the judgment (1) Against the discharges by means of which the Court has, in the first instance, on the preventive measures and the defendant attorney may seek review, within 48 hours of delivery or, where appropriate, of the communication. The notice of opposition shall be filed in the Court which pronounced the conclusion contested and forwarded, together with the file of the case, the hierarchically superior court within 48 hours of registration.
  

— — — — — — — — —-. (1) of article 1. 206 was amended by section 3 of article 9. III of the EMERGENCY ORDINANCE nr. 3 of 5 February 1970, published in MONITORUL OFICIAL nr. 98 of 7 February 2014.

(2) the decisions by which the High Court of Cassation and Justice has in first instance on the preventive measures can be appealed to the competent Panel of the High Court of Cassation and justice.
  

— — — — — — — — —-. (2) of article 9. 206 was amended by section 3 of article 9. III of the EMERGENCY ORDINANCE nr. 3 of 5 February 1970, published in MONITORUL OFICIAL nr. 98 of 7 February 2014.

(3) the appeal shall decide in open court, with the participation of the Prosecutor and summoning the defendant.
  

(4) the appeal lodged against the conclusion that ordered the taking or maintaining a preventive measure or that it was found its right of termination is not suspensive.
  

(5) the appeal lodged by the defendant shall decide within 5 days after the registration.
  

(6) the appeal lodged by the public prosecutor against the conclusion that ordered the revocation of a preventive measure or the replacement of a preventive measure with another preventive measure before deciding expiry preventive measure laid out above.
  

(7) If the conditions laid down are met, the Court may order the taking of precautionary measures referred to in article 1. 202 para. (4) (a). b)-d) or increasing the amount of the bail payment.
  

— — — — — — — — —-. (7) article. 206 was amended item 136 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 207 of prevention measures Verification procedure for preliminary room (1) where the Prosecutor has sent the defendant to whom it has ordered a preventative measure, rechizitoriul, together with the dossier of the case shall be submitted to the judge at the preliminary hearing room court competent with at least 5 days prior to its expiry.
  

(2) within 3 days of the registration dossier, the judge of the preliminary room verifies the lawfulness and grounds ex officio preventive measure before its term expires, with the attendance of the defendant.
  

(3) the provisions of article 4. 235 paragraph 1. (4) to (6) shall apply accordingly.
  

(4) where it finds that the grounds for the measure to be taken shall be maintained or there are new grounds justifying a preventive measure, the judge for preliminary room features through closing the maintenance preventive measure against the culprit.
  

(5) When it finds that they have ceased the grounds for taking the measure of preventive arrest or prolongation of and there are no new grounds to justify the times where new circumstances have arisen which shows nelegalitatea preventive measure, the judge of the preliminary room features through revocation and termination of the defendant, unless he is arrested in another question.
  

(6) In all proceedings before the Chamber, Chamber judge, ex officio, shall verify on a regular basis but no later than 30 days, if it appears that the grounds for taking the measure of preventive arrest and investigative measure at home or if new grounds, appeared to justify the maintenance of those measures. The provisions of paragraphs 1 and 2. (2) to (5) shall apply accordingly.
  

— — — — — — — — —-. (6) article. 207 was amended by section 1 of article. From the EMERGENCY ORDINANCE nr. 24 of 30 June 2015, published in MONITORUL OFICIAL nr. 473 of 30 June 2015.


(7) the judge of the preliminary room, during the preliminary check room, ex officio, periodically, but not later than 60 days if it appears that the grounds for taking the measure of the judicial control or judicial review or control on bail or if new grounds, appeared to justify the maintenance of such measures. The provisions of paragraphs 1 and 2. (2) to (5) shall apply accordingly.
  

— — — — — — — — —-. (7) article. 207 was introduced by section 5 of art. in accordance with law No. 75 of 28 April 2016, published in MONITORUL OFICIAL nr. 334 of 29 April 2016, which amended article 1. From the EMERGENCY ORDINANCE nr. 82 of 10 December 2014, published in MONITORUL OFICIAL nr. 911 from 15 December 2014.


Article 208 Verification of preventive measures in the course of the judgment (1) a judge shall forward the dossier room preliminary court with at least 5 days before the expiration of the preventive measure.
  

(2) the Court shall verify ex officio if it appears that the grounds for taking, extension or maintenance of preventive measure before its term expires, with the attendance of the defendant.
  

(3) the provisions of article 4. 207 para. (3) to (5) shall apply accordingly.
  

(4) throughout the judgment, the Court, ex officio, by terminating, verify at regular intervals, but no later than 60 days if it appears that the grounds for pre-trial detention and the maintenance of the measure of the measure of arrest at home versus the defendant arranged or if new grounds, appeared to justify the maintenance of those measures.
  

— — — — — — — — —-. (4) article. 208 was amended by paragraph 2 of article 9. From the EMERGENCY ORDINANCE nr. 24 of 30 June 2015, published in MONITORUL OFICIAL nr. 473 of 30 June 2015.

(5) throughout the judgment, the Court shall, ex officio, by concluding, on a regular basis but no later than 60 days if it appears that the grounds for taking the measure of the judicial control or judicial review or control on bail or if new grounds, appeared to justify the maintenance of such measures. The provisions of article 207 para. (3) to (5) shall apply accordingly.
  

— — — — — — — — —-. (5) article. 208 was introduced by paragraph 6 of article 19. in accordance with law No. 75 of 28 April 2016, published in MONITORUL OFICIAL nr. 334 of 29 April 2016, which amended article 1. From the EMERGENCY ORDINANCE nr. 82 of 10 December 2014, published in MONITORUL OFICIAL nr. 911 from 15 December 2014.


Article 208 ^ 1 modification of certain preventive measures under the procedure for verification of the preventive measures under art. 207 and 208 may also amend the obligations in them.
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Art. 208 ^ 1 was introduced by the pct. of article 41. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Section 2 Retention retention of Article 209 (1) criminal investigation body or the Prosecutor may order forfeiture, if the conditions are met. 202. (2) the person detained shall be informed immediately, in a language he understands, of the crime of which he is suspected and the reasons for his detention.
  

(3) Forfeiture may be available for a maximum of 24 hours. The duration of his detention did not include the time strictly needed for the management of the defendant or the suspect to the seat of the judicial body according to law.
  

(4) If the suspect or the accused was brought before the criminal investigation body or the Prosecutor to be heard under a warrant issued to bring legal, within the period referred to in paragraph 1. (3) does not include the period as suspect or defendant was under the power of that mandate.
  

— — — — — — — — —-. (4) article. 209 was altered item, article 137. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(5) the measure of apprehension can be taken only after hearing of the suspect or the accused in the presence of the lawyer chosen times appointed ex officio.
  

(6) prior to the hearing, the criminal investigation times Attorney is obliged to bring to the attention of the suspect or the accused that he has the right to be assisted by an advocate chosen times appointed ex officio and the right not to make any statement, except for the provision of information concerning his identity, attracting attention that what says can be used against him.
  

(7) the suspect or defendant has the right to personally chosen lawyer or încunoştinţa to request the removal of the Prosecutor's criminal investigation times to încunoştinţeze. How to make încunoştinţării shall be recorded in the minutes. Exercise of the right to make personal încunoştinţarea cannot refuse only for serious reasons, which will be recorded in the minutes.
  

— — — — — — — — —-. (7) article. 209 was altered art item 42. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(8) the lawyer chosen is required to be present at the seat of the judicial body not later than two hours after the încunoştinţare. In case of no-show, the lawyer chosen by the criminal investigation or the Prosecutor shall appoint a lawyer ex officio.
  

(9) the suspect's Counsel or the accused has the right to communicate directly with it, to ensure confidentiality.
  

(10) Forfeiture shall be ordered by the criminal investigation or Prosecutor through the Ordinance, which will contain the reasons for taking the action, day and time when the detention begins, and the date and time that retention ends.
  

(11) the suspect or the accused detained shall be given a copy of the order referred to in paragraph 1. 10. (12) during the arrest the suspect or the accused, the criminal investigation or the Prosecutor who ordered the measure has the right to carry out photographing and taking fingerprints it.
  

(13) if the detention has been ordered by the criminal investigation, it is obliged to inform him about the Prosecutor taking preventive measure, without delay and by whatever means.
  

(14) against the order of the criminal investigation which has taken the measure of detaining the suspect or the defendant may make a complaint to the prosecutor supervising the prosecution before its term expires. The prosecutor acted immediately, by Ordinance. If found to have violated laws governing the conditions for the taking of the measure of apprehension, her attorney and revocation forthwith to the liberty of the person detained.
  

(15) against the order of the Prosecutor took the measure of detaining the suspect or the defendant may make a complaint before the expiry thereof, at the forefront of the public prosecutor or Prosecutor, as appropriate, to the hierarchically superior prosecutor. Prime hierarchically superior prosecutor or Prosecutor shall forthwith, by order. If found to have violated laws governing the conditions for the taking of the measure of detaining, hierarchically superior prosecutor or Prosecutor has revoked them and as soon as the implementation of the defendant.
  

(16) the Prosecutor notifies the judge rights and freedoms from the competent court, in order to take the measure of preventive arrest towards the defendant retained at least 6 hours before the expiry of its apprehension.
  

(17) the person detained shall, under signature, in writing, the rights referred to in art. 83, at art. 210 paragraph 2. (1) and (2) the right of access to emergency care, the maximum duration for which you may order the measure of apprehension, as well as the right to make a complaint against the measure ordered, and if the person detained cannot times refuses to sign, will conclude a protocol.
  

— — — — — — — — —-. (17) article. 209 was introduced by 138 PTS of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *); IV of the EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 from May 23, 2016, in application of article 11. 209 paragraph 2. (17), art. 218 paragraph 1. (4) and art. 228 paragraph 3. (2) of the code of criminal procedure, as well as title III ' provisions concerning cooperation with EU Member States in the implementation of the framework decision 2002/584/JHA of the Council of the European Union of 13 June 2002 on the european arrest warrant and the surrender procedures between Member States "of the law No. 302/2004 on international judicial cooperation in criminal matters, republished, with subsequent amendments and additions, the judicial organs shall submit the suspect, the accused or convicted person a written information concerning her rights during criminal proceedings or execution of the european arrest warrant. Provision of information will be made in the Romanian language, in their mother tongue or in a language which he understands, as appropriate.

Romanian-language model of the form which will include provision of information referred to in paragraph 1. (1) will be established by order of the Minister of Justice, Minister of Internal Affairs, the President of the High Court of Cassation and justice and the Attorney general's Office of the High Court of Cassation and justice.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 210 Încunoştinţarea about retention


(1) Immediately after detention, the person detained has the right to încunoştinţa or to request the judicial body that has ordered the measure to încunoştinţeze a member of his family or a person designated by it about taking the measure of apprehension about the place where he is detained.
  

(2) if the person is not detained Romanian citizen, he has the right to încunoştinţa or încunoştinţarea to request consular mission times of the State of which he is a national or, as appropriate, international humanitarian organizations, if it does not wish to avail himself of the assistance of the authorities of his country of origin, or the competent international organization representation, if it is a refugee or , for any other reason, is under the protection of such organizations. General Inspectorate for immigration is advised in all cases with respect to the disposition of the preventive measure against this category of persons.
  

— — — — — — — — —-. (2) of article 9. 210 was changed from point of article 139. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) the provisions of paragraphs 1 and 2. (1) and (2) shall apply correspondingly in the event of a change of the place of detention.
  

(4) Repealed.
  

— — — — — — — — —-. (4) article. 210 was repealed by article item 140. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(5) the person detained may refuse the right to make personal încunoştinţarea only for serious reasons, which will be recorded in the minutes.
  

(6) in exceptional cases, for serious reasons, încunoştinţarea may be delayed by no more than 4 hours.
  

— — — — — — — — —-. (6) article. 210 was changed from point 141 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Section 3 of the judicial Article 211 *) General conditions (1) in the course of criminal proceedings, the Prosecutor may order judicial control measure to be taken against the culprit, if this preventive measure is necessary to achieve the aim referred to in art. 202 para. (1) and (2) the judge of the preliminary room, in the room, or the Court, in the course of the judgment, may order judicial control measure to be taken against the culprit, if it is satisfied the conditions laid down in paragraph 1. 1. Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) by decision of the CONSTITUTIONAL COURT No. 712 of 4 December 1986, published in MONITORUL OFICIAL nr. 33 of 15 January 2015, it was considered the plea of unconstitutionality of the provisions of art. 211-217 of the code of criminal procedure, it was found that they are unconstitutional.

According to art. 147 paragraph 1. (1) of the Constitution of ROMANIA republished in Official Gazette No. 767 from 31 October 2003 the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.

In conclusion, in the range of 15 January 2015-1 March 2015, the provisions cited above have been suspended following the law to halt legal effects on the 2nd of March 2015, if the legislature does not intervene to amend the provisions under attack.

*) See the provisions of EMERGENCY ORDINANCE No. 82 of 10 December 2014, published in MONITORUL OFICIAL nr. 911 from 15 December 2014, which stipulates in the preamble: "considering that on 4 December 2014, the Constitutional Court upheld the plea of unconstitutionality of the provisions of art. 211-217 of law No. 135/2010 regarding the criminal procedure code, whereas violating art. 53 of the Constitution relating to restrictions on the exercise of certain rights or fundamental freedoms with reference to individual freedom (art. 23), freedom of movement (art. 26) and the intimate, family and private (art. 26), and to pronounce this the Court has noted that the new code of criminal procedure preventive measures include judicial review and judicial control on bail , without providing for the duration for which these measures can be arranged, noting that such declaration as unconstitutional laws to impose emergency laws to be adapted to the requirements of the decision of the Constitutional Court previously mentioned, in order to prevent a possible impairment of the criminal trials pending, taking into account the fact that all the above-mentioned aspects aimed at public interest and constitutes an extraordinary situation which regulators cannot be postponed , and adopt this regulatory action would have negative consequences and lead to impairment of the rights of persons subjected to preventive measures and the judicial practice to art, being therefore a need for legislative intervention to establish a term certain and reasonable so that the restriction of the exercise of certain fundamental rights should under no circumstances shall not exceed the reasonable and necessary in a democratic society preventive measures, and comply with the requirements of proportionality as it were they crystallized in the European Court of human rights, "─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 212 *) Taking the measure of the judicial control by the Prosecutor (1) the Prosecutor has to the summoning the defendant of liberty or bringing the accused to the detention.
  

(2) the defendant shall be present to their attention immediately, in a language he understands, of the crime of which he is suspected and the reasons for taking the measure of control.
  

(3) judicial control Measure may be taken only after hearing the accused in the presence of the lawyer chosen times appointed ex officio. The provisions of article 209 paragraph 2. (6) to (9) shall apply accordingly.
  

(4) the Prosecutor has taking the measure of control through reasoned judicial order, which shall be communicated to the accused.
  

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Art. 212 was modified by item 142 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) by decision of the CONSTITUTIONAL COURT No. 712 of 4 December 1986, published in MONITORUL OFICIAL nr. 33 of 15 January 2015, it was considered the plea of unconstitutionality of the provisions of art. 211-217 of the code of criminal procedure, it was found that they are unconstitutional.

According to art. 147 paragraph 1. (1) of the Constitution of ROMANIA republished in Official Gazette No. 767 from 31 October 2003 the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.

In conclusion, in the range of 15 January 2015-1 March 2015, the provisions cited above have been suspended following the law to halt legal effects on the 2nd of March 2015, if the legislature does not intervene to amend the provisions under attack.

*) See the provisions of EMERGENCY ORDINANCE No. 82 of 10 December 2014, published in MONITORUL OFICIAL nr. 911 from 15 December 2014, which stipulates in the preamble: "considering that on 4 December 2014, the Constitutional Court upheld the plea of unconstitutionality of the provisions of art. 211-217 of law No. 135/2010 regarding the criminal procedure code, whereas violating art. 53 of the Constitution relating to restrictions on the exercise of certain rights or fundamental freedoms with reference to individual freedom (art. 23), freedom of movement (art. 26) and the intimate, family and private (art. 26), and to pronounce this the Court has noted that the new code of criminal procedure preventive measures include judicial review and judicial control on bail , without providing for the duration for which these measures can be arranged, noting that such declaration as unconstitutional laws to impose emergency laws to be adapted to the requirements of the decision of the Constitutional Court previously mentioned, in order to prevent a possible impairment of the criminal trials pending,


taking into account the fact that all the above-mentioned aspects aimed at public interest and constitutes an extraordinary situation which regulators cannot be postponed, and adopt this regulatory action would have negative consequences and lead to impairment of the rights of persons subjected to preventive measures and the judicial practice to art, being therefore a need for legislative intervention to establish a term certain and reasonable so that the restriction of the exercise of certain fundamental rights should under no circumstances exceeding limits reasonable and necessary in a democratic society, and preventive measures to comply with the requirements of proportionality as it were they crystallized in the European Court of human rights, "─ ─ ─ ─ ─ ─ ─ ─ ─ ─ article 213 *) appeal against judicial control measure ordered by the Prosecutor (1) against the order of the Prosecutor took the measure of judicial control, within 48 hours of notification, the defendant may make a complaint to the judge of the rights and freedoms of the Court to which it would return to the jurisdiction of the jurisdiction in the background.
  

(2) the judge of the rights and freedoms referred to it under paragraph 3. (1) fixed term of settling in summoning the defendant Board features.
  

(3) failure of the defendant does not prevent the judge from rights and freedoms to dispose of the action taken by the public prosecutor.
  

(4) the judge rights and freedoms heard the defendant when it is present.
  

(5) the legal assistance of the accused and the Prosecutor's participation are required.
  

(6) the judge may revoke the rights and freedoms, whether they were violated laws governing the conditions of its making, or maybe change the obligations of judicial control.
  

— — — — — — — — —-. (6) article. 213 was modified by item 43 of article. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.
(6 ^ 1) The conclusion whereby the judge rights and freedoms resolves the complaint is final.
— — — — — — — — —-. (6 ^ 1), art. 213 was introduced by item 44 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(7) the dossier of the case shall be returned to the Prosecutor within 48 hours of the conclusion.
  

----------
Art. 213 was modified by item 143 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) by decision of the CONSTITUTIONAL COURT No. 712 of 4 December 1986, published in MONITORUL OFICIAL nr. 33 of 15 January 2015, it was considered the plea of unconstitutionality of the provisions of art. 211-217 of the code of criminal procedure, it was found that they are unconstitutional.

According to art. 147 paragraph 1. (1) of the Constitution of ROMANIA republished in Official Gazette No. 767 from 31 October 2003 the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.

In conclusion, in the range of 15 January 2015-1 March 2015, the provisions cited above have been suspended following the law to halt legal effects on the 2nd of March 2015, if the legislature does not intervene to amend the provisions under attack.

*) See the provisions of EMERGENCY ORDINANCE No. 82 of 10 December 2014, published in MONITORUL OFICIAL nr. 911 from 15 December 2014, which stipulates in the preamble: "considering that on 4 December 2014, the Constitutional Court upheld the plea of unconstitutionality of the provisions of art. 211-217 of law No. 135/2010 regarding the criminal procedure code, whereas violating art. 53 of the Constitution relating to restrictions on the exercise of certain rights or fundamental freedoms with reference to individual freedom (art. 23), freedom of movement (art. 26) and the intimate, family and private (art. 26), and to pronounce this the Court has noted that the new code of criminal procedure preventive measures include judicial review and judicial control on bail , without providing for the duration for which these measures can be arranged, noting that such declaration as unconstitutional laws to impose emergency laws to be adapted to the requirements of the decision of the Constitutional Court previously mentioned, in order to prevent a possible impairment of the criminal trials pending, taking into account the fact that all the above-mentioned aspects aimed at public interest and constitutes an extraordinary situation which regulators cannot be postponed , and adopt this regulatory action would have negative consequences and lead to impairment of the rights of persons subjected to preventive measures and the judicial practice to art, being therefore a need for legislative intervention to establish a term certain and reasonable so that the restriction of the exercise of certain fundamental rights should under no circumstances shall not exceed the reasonable and necessary in a democratic society preventive measures, and comply with the requirements of proportionality as it were they crystallized in the European Court of human rights, "─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 214 *) Taking the measure of control by the judicial Chamber or judge the preliminary Court Judge (1) preliminary Chamber or the Court before which the cause is situated may order, through closing, taking the measure of control judiciary against defendant at the reasoned request of the Prosecutor or on its own initiative.
  

(2) the judge of the preliminary room or Court of law referred to it pursuant to paragraph 1. (1) the defendant has citations. Hearing the defendant is mandatory if it is presented at the specified time.
  

(3) the presence of the defendant's lawyer and the Prosecutor are required.
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) by decision of the CONSTITUTIONAL COURT No. 712 of 4 December 1986, published in MONITORUL OFICIAL nr. 33 of 15 January 2015, it was considered the plea of unconstitutionality of the provisions of art. 211-217 of the code of criminal procedure, it was found that they are unconstitutional.

According to art. 147 paragraph 1. (1) of the Constitution of ROMANIA republished in Official Gazette No. 767 from 31 October 2003 the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.

In conclusion, in the range of 15 January 2015-1 March 2015, the provisions cited above have been suspended following the law to halt legal effects on the 2nd of March 2015, if the legislature does not intervene to amend the provisions under attack.

*) See the provisions of EMERGENCY ORDINANCE No. 82 of 10 December 2014, published in MONITORUL OFICIAL nr. 911 from 15 December 2014, which stipulates in the preamble: "considering that on 4 December 2014, the Constitutional Court upheld the plea of unconstitutionality of the provisions of art. 211-217 of law No. 135/2010 regarding the criminal procedure code, whereas violating art. 53 of the Constitution relating to restrictions on the exercise of certain rights or fundamental freedoms with reference to individual freedom (art. 23), freedom of movement (art. 26) and the intimate, family and private (art. 26), and to pronounce this the Court has noted that the new code of criminal procedure preventive measures include judicial review and judicial control on bail , without providing for the duration for which these measures can be arranged, noting that such declaration as unconstitutional laws to impose emergency laws to be adapted to the requirements of the decision of the Constitutional Court previously mentioned, in order to prevent a possible impairment of the criminal trials pending, taking into account the fact that all the above-mentioned aspects aimed at public interest and constitutes an extraordinary situation which regulators cannot be postponed , and adopt this regulatory action would have negative consequences and lead to impairment of the rights of persons subjected to preventive measures and the judicial practice to art, being therefore a need for legislative intervention to establish a term certain and reasonable so that the restriction of the exercise of certain fundamental rights should under no circumstances shall not exceed the reasonable and necessary in a democratic society preventive measures, and comply with the requirements of proportionality as it were they crystallized in the European Court of human rights, "─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 215 *) judicial control


(1) while he is under judicial review, the defendant must comply with the following obligations: a) to the prosecution, the judge of the preliminary room or on the Court whenever it is called;
  

b) to inform as soon as the judicial body that has ordered the measure in the face of which is the case with regard to the change of housing;
  

c) to be present at the police with his supervision by the judicial body that has ordered the measure, according to monitoring carried out by the police or whenever it is called.
  

(2) judicial Body which ordered the measure may require the defendant that, during judicial control, to fulfil one or more of the following obligations: a) does not exceed a certain limit, fixed by the judicial body, subject to its prior approval;
  

b) not move in places specifically laid down by the judiciary or to move only in the places established by it;
  

c) bear a permanent electronic surveillance;
  

d) not return to his family's dwelling, not to get closer to the injured person or his family members, other participants in the Commission of the crime, witnesses, experts or other times people designated by the judicial organ and not to communicate with them directly or indirectly, on any route;
  

----------
Lit. d) of paragraph 2. (2) of article 9. 215 was amended by article item 144. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

It's) not to engage in the occupation, profession or not to operate in pursuit of which he committed the deed;
  

f) to communicate regularly with relevant information about its existence;
  

g) to be subject to control measures, care or medical treatment, in particular in order to dezintoxicării;
  

h) not to participate in sports or cultural events, or other public gatherings;
  

I) not drive vehicles specifically established by the judicial organ;
  

j) not to possess, not to use and do not bear arms;
  

k) not to issue cheques.
  

(3) the act ordering the taking of judicial control measure are expressly provided for in the obligations on which the defendant must comply on its duration and the cautions that, in case of bad faith breach of obligations, so far as judicial review or control may be replaced by the measure of arrest at home or the measure of preventive arrest.
  

(4) monitoring compliance by defendant to obligations for the duration of the judicial control is carried out by the institution, body or authority designated by the judicial body that has ordered the measure, according to the law.
  

(5) If the accused was imposed the obligation laid down in paragraph 1. (2) (a). a), a copy of the Ordinance or, as the case Prosecutor, to the minute, it shall, on the day of issue of the Ordinance or the pronouncement of the conclusion, the accused, the police unit in whose constituency resides, as well as the public service community of persons, Romanian border police and the Inspectorate General for immigration, the situation of one who is not a citizen, in order to ensure the compliance of the culprit of the obligation which rests. The law enforcement agencies have accused the employee from putting the crossings of the border.
  

— — — — — — — — —-. (5) article. 215 was amended item 45 of art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(6) the institution, body or authority referred to in paragraph 1. (4) periodic compliance checks by the defendant, and if it finds violations, shall refer the matter without delay to the Prosecutor during criminal prosecution, the judge in the preliminary hearing room, room, or the Court, in the course of the judgment.
  

(7) where, for the duration of the measure, the defendant in breach of judicial control, in bad faith, the obligations incumbent on it or there is reasonable suspicion that he has committed a new offence with intent for which it was willing to setting in motion the criminal action against him, the judge of rights and freedoms, the judge for preliminary Chamber or the Court, at the request of the Prosecutor's Office , may order replacement this measure with the measure of arrest at home or pre-trial detention, as provided by law.
  

— — — — — — — — —-. (7) article. 215 was amended by article item 145. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(8) during the criminal investigation, the Prosecutor may order, on its own initiative or at the reasoned request of the defendant, by Ordinance, impose new obligations for the defendant or discontinuation of replacement times to those originally arranged, if reasonable grounds justifying it after hearing the defendant. Against the order of the Prosecutor, the defendant may make a complaint to the judge of the rights and freedoms of the Court to which it would return to the jurisdiction of the jurisdiction as to the merits, the provisions of art. 213 applying properly.
  

— — — — — — — — —-. (8) article. 215 was amended item 45 of art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.
(8 ^ 1) The provisions of paragraphs 1 and 2. (8) are applicable in the case in which the measure was taken by the judge of rights and freedoms.
— — — — — — — — —-. (8 ^ 1), art. 215 was introduced by the pct, article 46. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(9) the provisions of paragraphs 1 and 2. (8) the thesis is applied properly and in the procedure room or during the preliminary judgment, when the judge of the preliminary room times the Court has, by concluding, at the reasoned request of the Prosecutor or the accused or from Office after hearing the defendant. The conclusion may be challenged pursuant to article. 205 and art. 206, applied properly.
  

— — — — — — — — —-. (9) article. 215 was amended by point 47 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(10) Repealed.
  

— — — — — — — — —-. (10) of article 1. 215 was repealed by article item 146. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(11) Repealed.
  

— — — — — — — — —-. (11) article. 215 was repealed by article item 146. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(12) Repealed.
  

— — — — — — — — —-. (12) article. 215 was repealed by article item 146. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(13) Repealed.
  

— — — — — — — — —-. (13) article. 215 was repealed by article item 146. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(14) Repealed.
  

— — — — — — — — —-. (14) article. 215 was repealed by article item 146. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(15) Repealed.
  

— — — — — — — — —-. (15) article. 215 was repealed by article item 146. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) by decision of the CONSTITUTIONAL COURT No. 712 of 4 December 1986, published in MONITORUL OFICIAL nr. 33 of 15 January 2015, it was considered the plea of unconstitutionality of the provisions of art. 211-217 of the code of criminal procedure, it was found that they are unconstitutional.

According to art. 147 paragraph 1. (1) of the Constitution of ROMANIA republished in Official Gazette No. 767 from 31 October 2003 the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.

In conclusion, in the range of 15 January 2015-1 March 2015, the provisions cited above have been suspended following the law to halt legal effects on the 2nd of March 2015, if the legislature does not intervene to amend the provisions under attack.

*) See the provisions of EMERGENCY ORDINANCE No. 82 of 10 December 2014, published in MONITORUL OFICIAL nr. 911 from 15 December 2014, which stipulates in the preamble:


"Given that 4 December 2014, the Constitutional Court upheld the plea of unconstitutionality of the provisions of art. 211-217 of law No. 135/2010 regarding the criminal procedure code, whereas violating art. 53 of the Constitution relating to restrictions on the exercise of certain rights or fundamental freedoms with reference to individual freedom (art. 23), freedom of movement (art. 26) and the intimate, family and private (art. 26), and to pronounce this the Court has noted that the new code of criminal procedure preventive measures include judicial review and judicial control on bail , without providing for the duration for which these measures can be arranged, noting that such declaration as unconstitutional laws to impose emergency laws to be adapted to the requirements of the decision of the Constitutional Court previously mentioned, in order to prevent a possible impairment of the criminal trials pending, taking into account the fact that all the above-mentioned aspects aimed at public interest and constitutes an extraordinary situation which regulators cannot be postponed , and adopt this regulatory action would have negative consequences and lead to impairment of the rights of persons subjected to preventive measures and the judicial practice to art, being therefore a need for legislative intervention to establish a term certain and reasonable so that the restriction of the exercise of certain fundamental rights should under no circumstances shall not exceed the reasonable and necessary in a democratic society preventive measures, and comply with the requirements of proportionality as it were they crystallized in the European Court of human rights, "─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 215 ^ 1 duration of judicial control (1) in the course of the prosecution, so far as judicial control may order by the Prosecutor or the judge of freedoms and rights for a period not exceeding 60 days.
  

(2) in the course of the prosecution, judicial review may be extended by the Prosecutor, by Ordinance, if the grounds for the taking of the measure or have appeared new grounds justifying extension thereof, each extension may not exceed 60 days.
  

(3) the provisions of paragraphs 1 and 2. (2) are applicable in the case in which the measure was taken by the judge of rights and freedoms.
  

(4) Order the Prosecutor through which, according to paragraph 1. (2) or (3), has been extended so far as judicial review or control shall be communicated on the same day the defendant.
  

(5) against the order of the Prosecutor, in accordance with paragraph 1. (2) and (3), has been extended so far as judicial control, the defendant may make a complaint to the judge of the rights and freedoms of the Court to which it would return to the jurisdiction of the jurisdiction as to the merits, the provisions of art. 213 applying properly.
  

(6) during the criminal investigation, the judicial control for the duration of the measure may not exceed one year, if the punishment prescribed by law is a fine or imprisonment not exceeding 5 years, 2 years where the penalty prescribed by law is life imprisonment or imprisonment of more than five years.
  

(7) the judge of the preliminary procedure room, in the room, or the Court, in the course of the judgment, may order judicial control measure to be taken against the defendant for a period which cannot exceed 60 days.
  

(8) during the judgment at first instance, the total duration of judicial control may not exceed a reasonable period and in any case may not exceed five years from the date of submission.
  

(9) upon the expiry of the time limits referred to in paragraph 1. (8) the Court may order the taking of other preventive measures, in accordance with the law.
  

----------
Art. 215 ^ 1 was introduced by point 7 of article. in accordance with law No. 75 of 28 April 2016, published in MONITORUL OFICIAL nr. 334 of 29 April 2016, which amended article 1. From the EMERGENCY ORDINANCE nr. 82 of 10 December 2014, published in MONITORUL OFICIAL nr. 911 from 15 December 2014.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) see the provisions of EMERGENCY ORDINANCE No. 82 of 10 December 2014, published in MONITORUL OFICIAL nr. 911 from 15 December 2014, which stipulates in the preamble: "considering that on 4 December 2014, the Constitutional Court upheld the plea of unconstitutionality of the provisions of art. 211-217 of law No. 135/2010 regarding the criminal procedure code, whereas violating art. 53 of the Constitution relating to restrictions on the exercise of certain rights or fundamental freedoms with reference to individual freedom (art. 23), freedom of movement (art. 26) and the intimate, family and private (art. 26), and to pronounce this the Court has noted that the new code of criminal procedure preventive measures include judicial review and judicial control on bail , without providing for the duration for which these measures can be arranged, noting that such declaration as unconstitutional laws to impose emergency laws to be adapted to the requirements of the decision of the Constitutional Court previously mentioned, in order to prevent a possible impairment of the criminal trials pending, taking into account the fact that all the above-mentioned aspects aimed at public interest and constitutes an extraordinary situation which regulators cannot be postponed , and adopt this regulatory action would have negative consequences and lead to impairment of the rights of persons subjected to preventive measures and the judicial practice to art, being therefore a need for legislative intervention to establish a term certain and reasonable so that the restriction of the exercise of certain fundamental rights should under no circumstances shall not exceed the reasonable and necessary in a democratic society preventive measures, and comply with the requirements of proportionality as it were they crystallized in the European Court of human rights, "─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Section 4 judicial bail Article 216 *) General conditions (1) in the course of criminal proceedings, the Prosecutor may order the taking of judicial control measure against the defendant on bail, if the conditions are met. 223 para. (1) and (2), this measure is sufficient to achieve the aim referred to in art. 202 para. (1), and the defendant files a bond whose value is determined by a judicial body.
  

(2) the judge of the preliminary procedure room, in the room, or the Court, in the course of the judgment, may order the taking of judicial control measure against the defendant on bail, provided that the conditions laid down in paragraph 1. (1).
  

----------
Alin. (2) of article 9. 216 was modified by point 147 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) the provisions of article 4. 212-215 ^ 1 applies accordingly.
  

— — — — — — — — —-. (3) art. 216 was amended by section 8 of article. in accordance with law No. 75 of 28 April 2016, published in MONITORUL OFICIAL nr. 334 of 29 April 2016, which amended article 1. From the EMERGENCY ORDINANCE nr. 82 of 10 December 2014, published in MONITORUL OFICIAL nr. 911 from 15 December 2014.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) by decision of the CONSTITUTIONAL COURT No. 712 of 4 December 1986, published in MONITORUL OFICIAL nr. 33 of 15 January 2015, it was considered the plea of unconstitutionality of the provisions of art. 211-217 of the code of criminal procedure, it was found that they are unconstitutional.

According to art. 147 paragraph 1. (1) of the Constitution of ROMANIA republished in Official Gazette No. 767 from 31 October 2003 the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.

In conclusion, in the range of 15 January 2015-1 March 2015, the provisions cited above have been suspended following the law to halt legal effects on the 2nd of March 2015, if the legislature does not intervene to amend the provisions under attack.

*) See the provisions of EMERGENCY ORDINANCE No. 82 of 10 December 2014, published in MONITORUL OFICIAL nr. 911 from 15 December 2014, which stipulates in the preamble: "considering that on 4 December 2014, the Constitutional Court upheld the plea of unconstitutionality of the provisions of art. 211-217 of law No. 135/2010 regarding the criminal procedure code, whereas violating art. 53 of the Constitution relating to restrictions on the exercise of certain rights or fundamental freedoms with reference to individual freedom (art. 23), freedom of movement (art. 26) and the intimate, family and private (art. 26), and to pronounce this the Court has noted that the new code of criminal procedure preventive measures include judicial review and judicial control on bail , without providing for the duration for which these measures can be arranged,


Noting that the Declaration as unconstitutional laws of these emergency calls for an adjustment of legislation to the requirements of the decision of the Constitutional Court previously mentioned, in order to prevent a possible impairment of the criminal trials pending, taking into account the fact that all the above-mentioned aspects aimed at public interest and constitutes an extraordinary situation which regulators cannot be postponed, and adopt this regulatory action would have negative consequences and lead to impairment of the rights of persons subjected to preventive measures and the judiciary to art, being therefore a need for legislative intervention to establish a term certain and reasonable so that the restriction of the exercise of certain fundamental rights should under no circumstances shall not exceed the reasonable and necessary in a democratic society, and preventive measures to comply with the requirements of proportionality as it were they crystallized in the European Court of human rights, "─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 217 *) caution (1) caution is made on the Recorded name of defendant , by depositing a sum of money at the disposal of the judicial organ, determined either by lodging real estate, securities times, up to an amount of money determined in favour of the same judicial body.
  

(2) the amount of the bail payment is at least 1,000 lei and determined in relation to the seriousness of the accusation of the defendant, material situation and its legal obligations.
  

(3) during the period of the action, the defendant must comply with the obligations laid down in article 21. 215 paragraph 1. (1) and may require fulfilment of one or more of the obligations laid down in article 21. 215 paragraph 1. 2. The provisions of articles. 215 paragraph 1. (3) to (9) shall apply accordingly.
  

(4) Security guarantees the participation of the accused in the criminal process and compliance with the obligations laid down in paragraph 1. (3) and (5) the Court has acted, the seizure by caution if judicial bail control measure has been replaced by the measure of arrest at home or pre-trial detention, for the reasons set out in paragraph 1. 9. (6) in all other cases, the Court, by judgment, return the bail payment.
  

(7) the provisions of paragraphs 1 and 2. (5) and (6) shall apply to the extent that it was not willing pay bail, in the following order, monetary compensations awarded for damages caused by the offence, judicial expenses, or the fine.
  

(8) where a solution has delivered in court, the Prosecutor and a refund of the bail payment.
  

(9) where, during the judicial review or control measure on the accused bail violators, in bad faith, the obligations incumbent on it or there is reasonable suspicion that he has committed a new offence with intent for which it was willing to setting in motion the criminal action against him, the judge of rights and freedoms, the judge for preliminary Chamber or the Court, at the reasoned request of the Prosecutor's Office , may order replacement this measure with the measure of arrest at home or pre-trial detention, as provided by law.
  

----------
Art. 217 has been modified by item 148 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) by decision of the CONSTITUTIONAL COURT No. 712 of 4 December 1986, published in MONITORUL OFICIAL nr. 33 of 15 January 2015, it was considered the plea of unconstitutionality of the provisions of art. 211-217 of the code of criminal procedure, it was found that they are unconstitutional.

According to art. 147 paragraph 1. (1) of the Constitution of ROMANIA republished in Official Gazette No. 767 from 31 October 2003 the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.

In conclusion, in the range of 15 January 2015-1 March 2015, the provisions cited above have been suspended following the law to halt legal effects on the 2nd of March 2015, if the legislature does not intervene to amend the provisions under attack.

*) See the provisions of EMERGENCY ORDINANCE No. 82 of 10 December 2014, published in MONITORUL OFICIAL nr. 911 from 15 December 2014, which stipulates in the preamble: "considering that on 4 December 2014, the Constitutional Court upheld the plea of unconstitutionality of the provisions of art. 211-217 of law No. 135/2010 regarding the criminal procedure code, whereas violating art. 53 of the Constitution relating to restrictions on the exercise of certain rights or fundamental freedoms with reference to individual freedom (art. 23), freedom of movement (art. 26) and the intimate, family and private (art. 26), and to pronounce this the Court has noted that the new code of criminal procedure preventive measures include judicial review and judicial control on bail , without providing for the duration for which these measures can be arranged, noting that such declaration as unconstitutional laws to impose emergency laws to be adapted to the requirements of the decision of the Constitutional Court previously mentioned, in order to prevent a possible impairment of the criminal trials pending, taking into account the fact that all the above-mentioned aspects aimed at public interest and constitutes an extraordinary situation which regulators cannot be postponed , and adopt this regulatory action would have negative consequences and lead to impairment of the rights of persons subjected to preventive measures and the judicial practice to art, being therefore a need for legislative intervention to establish a term certain and reasonable so that the restriction of the exercise of certain fundamental rights should under no circumstances shall not exceed the reasonable and necessary in a democratic society preventive measures, and comply with the requirements of proportionality as it were they crystallized in the European Court of human rights, "─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Section 5th house arrest Article 218 the General conditions making the measure of arrest at home (1) house arrest shall be ordered by the judge of freedoms, rights and duties of the judge of the preliminary room or by court If you are satisfied the conditions laid down in article 21. 223 and taking this measure is necessary and sufficient to achieve one of the purposes referred to in article 1. 202 para. (1) (2) assessment of the fulfilment of the conditions laid down in paragraph 1. (1) shall be made taking into account the degree of danger of the offence, order the measure of health, age, family status and other circumstances relating to the person against whom the measure is taken.
  

(3) the measure may not be ordered with respect to the defendant against whom there is reasonable suspicion that he has committed an offence in respect of a family member and in respect of which the defendant was previously convicted of the offence in order to escape.
  

(4) the person against whom the measure has been ordered home to arrest them, under signature, in writing, the rights referred to in art. 83, the right provided for in article 10. 210 paragraph 2. (1) and (2) the right of access to emergency care, the right to appeal against the measure and the right to revoke or replace this measure with another preventive measure, and where the person cannot times refuses to sign, will conclude a Protocol *).
  

— — — — — — — — —-. (4) article. 218 was introduced by article 149 point. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *); IV of the EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 from May 23, 2016, in application of article 11. 209 paragraph 2. (17), art. 218 paragraph 1. (4) and art. 228 paragraph 3. (2) of the code of criminal procedure, as well as title III ' provisions concerning cooperation with EU Member States in the implementation of the framework decision 2002/584/JHA of the Council of the European Union of 13 June 2002 on the european arrest warrant and the surrender procedures between Member States "of the law No. 302/2004 on international judicial cooperation in criminal matters, republished, with subsequent amendments and additions, the judicial organs shall submit the suspect, the accused or convicted person a written information concerning her rights during criminal proceedings or execution of the european arrest warrant. Provision of information will be made in the Romanian language, in their mother tongue or in a language which he understands, as appropriate.


Romanian-language model of the form which will include provision of information referred to in paragraph 1. (1) will be established by order of the Minister of Justice, Minister of Internal Affairs, the President of the High Court of Cassation and justice and the Attorney general's Office of the High Court of Cassation and justice.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 219 Taking the measure of arrest at home by the judge of rights and freedoms (1) Judge of the rights and freedoms of the Court to which it would return to the jurisdiction of the jurisdiction at first instance or to the appropriate court in its degree in whose constituency is located the place where it was found committing the offence prosecution times the Prosecutor who conducts or supervises the prosecution may order on the proposal of the public prosecutor, the house arrest of the accused.
  

(2) the Prosecutor shall submit to the judge of the rights and freedoms referred to in paragraph 1 proposal. (1) together with the file of the case.
  

(3) the judge of the rights and freedoms referred to it under paragraph 1,. (1) fixed-term for the resolution in the Council Chamber within 24 hours of registering and summoning the defendant's proposal.
  

(4) failure to provide the defendant does not prevent the judge from rights and freedoms to the proposal submitted by the Prosecutor.
  

(5) the judge shall hear him rights and liberties on the defendant when it is present.
  

(6) legal assistance of the accused and the Prosecutor's participation are required.
  

(7) the judge rights and freedoms admits or rejects a proposal from the Prosecutor through a reasoned conclusion.
  

(8) the dossier of the case shall be returned to the criminal prosecution body, within 24 hours after the expiry of the opposition.
  

(9) the judge of the rights and freedoms which rejects the proposal of making the measure of arrest at home versus the defendant may order, through the same closing, taking one of the preventive measures referred to in article 1. 202 para. (4) (a). b) and (c)), if the conditions laid down are met.
  

— — — — — — — — —-. (9) article. 219 was modified by item 48 of art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Article 220 Taking the measure of arrest at home by the judge of the preliminary room or court (1) preliminary Chamber or judge of the Court before which the cause is situated may order, by concluding, house arrest of the accused, at the reasoned request of the Prosecutor or on its own initiative.
  

(2) the judge of the preliminary room or court, seised in accordance with paragraph 1. (1) the defendant has citations. Hearing the defendant is mandatory if it is presented at the specified time.
  

— — — — — — — — —-. (2) of article 9. 220 has been modified by item 150 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) the legal assistance of the accused and the Prosecutor's participation are required.
  

(4) the provisions of article 4. 219 paragraph 2. (4), (7) and (9) shall apply accordingly.
  

— — — — — — — — —-. (4) article. 220 was introduced by item 151 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Content of article 221 of the measure of arrest at home (1) arrest at home Measure consists in the obligation imposed on the defendant for a specified period, not to leave the building where he lives, without the permission of the judicial body that has ordered the measure in the face of which is the cause and is subject to the restrictions laid down by the latter.
  

(2) during the arrest, the defendant shall have the following obligations: a) to appear before the criminal investigation body, the judge of freedoms, rights and duties of the judge of the preliminary room or court judgment whenever it is called;
  

b) not communicate with any person, or family members of the other participants in the Commission of the offense, with witnesses, experts and the times with others established by the judicial organ.
  

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Lit. b) of paragraph 2. (2) of article 9. 221 was amended by article item 152. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) the judge of rights and freedoms, the judge of the preliminary room or the Court may order that during his detention from home the defendant to wear permanently a electronic surveillance.
  

(4) the conclusion of the ordering the measure are expressly provided for in the obligations on which the defendant must comply with and that, in the event of bad faith breach of the measure or of the obligations incumbent on it, the measure of arrest at home may be replaced by the measure of pre-trial detention.
  

(5) the duration of the action, the defendant may leave the property referred to in paragraph 1. (1) for the presentation in front of judicial organs, to call them.
  

(6) upon written request by the defendant, and the judge of rights and freedoms, the judge for preliminary Chamber or the Court, through closing, it could allow him leaving the building for presentation in the workplace, in educational courses or vocational training or other similar activities or to purchase essential means of existence, and in other duly justified situations for a specified period of time, if this is necessary for the achievement of the legitimate interests of the rights of the defendant times.
  

(7) in urgent cases, for good reasons, the defendant may leave the building without the permission of the judge of freedoms, rights and duties of the judge of the preliminary room or court, the length of time strictly necessary to inform immediately about this institution, organ or authority designated with surveillance and judicial body which has taken the measure of arrest at home or in front of which is the cause.
  

— — — — — — — — —-. (7) article. 221 was amended item 152 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(8) a copy of the judge's conclusion of rights and freedoms, to the judge of the preliminary room or court which took the measure of arrest at home shall be notified, without delay, the accused and the institution, body or authority designated with surveillance, police body whose constituency resides therein, public service community of persons and cross-border bodies.
  

(9) the institution, body or authority designated by the judicial body that has ordered the house arrest regularly verify compliance with the measure and the obligations of the defendant, and if it finds violations, shall refer the matter without delay to the Prosecutor during criminal prosecution, the judge in the preliminary hearing room, room, or the Court, in the course of the judgment.
  

(10) in order to monitor compliance with the measure of arrest at home or the obligations imposed on the accused on its duration, the police can penetrate into the building where it is running without his consent, the accused or persons living together with it.
  

(11) if the defendant violates in bad faith so far as arrest at home or his obligations there is reasonable suspicion that the times has committed a new offence with intent for which it was willing to setting in motion the criminal action against him, the judge of rights and freedoms, the judge of the preliminary room times the Court, at the reasoned request of the Prosecutor or on its own initiative , may order substitution of arrest at home with the measure of preventive arrest under the conditions provided by law.
  


Article 222 for the duration of his detention from home (1) during the criminal investigation, house arrest can be taken for a period not exceeding 30 days.
  

(2) house arrest may be extended during criminal prosecution, only in case of necessity, if the grounds for the taking of the measure or have appeared new grounds, each extension may not exceed 30 days.
  

(3) in the case referred to in paragraph 1. (2) the extension of his detention from home may be ordered by the judge of the rights and freedoms of the Court to which it would return to the jurisdiction of the jurisdiction at first instance or to the appropriate court in its degree in whose constituency is located the place where it was found committing the offence prosecution times the Prosecutor who conducts or supervises the prosecution.
  

(4) the judge of rights and freedoms is to extend the measure referred to by the Prosecutor, by a reasoned proposal, together with the dossier of the case, with at least 5 days prior to its expiry.
  

(5) the judge of freedoms, rights and referred to it pursuant to paragraph 1. (4), fixed the term of settling into the Prosecutor's proposal by the Council before the expiry of his detention from home and summoning the defendant.
  

(6) the participation of the Prosecutor is compulsory.
  


(7) the judge rights and freedoms admits or rejects a proposal from the Prosecutor through a reasoned conclusion.
  

(8) the dossier of the case shall be returned to the prosecution organ within 24 hours after the expiry of the opposition.
  

(9) the maximum duration of the measure of arrest at home, in the course of criminal proceedings, is 180 days.
  

(10) the duration of the deprivation of liberty ordered by measure of arrest at home will be taken into account for the calculation of the maximum duration of the pre-trial detention measure of the defendant in the course of criminal proceedings.
  

— — — — — — — — —-. (10) of article 1. 222 was modified by art. 1 of law No. 116 from 31 May 2016, published in MONITORUL OFICIAL nr. 418 of 2 June 2016, which amends section 3 of article 9. From the EMERGENCY ORDINANCE nr. 24 of 30 June 2015, published in MONITORUL OFICIAL nr. 473 of 30 June 2015.

(11) the provisions of article 4. 219 paragraph 2. (4) to (6) shall apply accordingly.
  

(12) in the procedure room and during the preliminary judgment, the measure of arrest at home may be ordered for a period not exceeding 30 days. The provisions of article 239 shall apply accordingly.
  

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Art. 222 was modified by section 3 of article 9. From the EMERGENCY ORDINANCE nr. 24 of 30 June 2015, published in MONITORUL OFICIAL nr. 473 of 30 June 2015.


Section 6 of Article 223 pre-trial arrest conditions and cases of application of the measure of preventive arrest (1) the measure of preventive arrest may be taken by the judge of freedoms and rights in the course of the prosecution, the judge in the preliminary hearing room, room, or by the Court before which the cause lies in the course of the judgment only if reasonable suspicion stems from evidence that the defendant has committed a crime and one of the following situations exists: a) the defendant fled or hid in order to evade the prosecution or the Court, or has made any preparations for such acts;
  

b) defendant trying to influence another participant to commit the crime, a witness or expert or to destroy, alter, conceal or distort evidence or material means to cause another person to have such behavior;
  

c) defendant pressuring injured person or trying to achieve an understanding with this fraudulent;
  

(d) there is a reasonable suspicion that), after setting in motion the criminal action against him, the defendant has committed a new offence with intent or prepares committing a new crime.
  

(2) the measure of preventive arrest of the accused may be taken and if reasonable suspicion stems from evidence that he has committed an intentional crime against life, a crime which has caused personal injury or death to a person, an offence against national security provided by the penal code and other special laws, a crime of drug trafficking, for making illegal transactions in precursors or other products likely to have psychoactive effects , an offence relating to the failure to observe the regime of weapons, munitions, nuclear material and explosive materials, traffic and exploitation of vulnerable persons, acts of terrorism, money laundering, counterfeit coins, stamps or other values, blackmail, rape, lipsire of freedom unlawfully, tax evasion, outrage, outrage, an offence of corruption, a crime committed through information systems or electronic communications or another crime for which the law provides for punishment by imprisonment of 5 years of age or greater and on the basis of the assessment of the gravity of the offence, the manner and circumstances of committing the Entourage and the environment from which it comes, to criminal background and other circumstances relating to the person of the latter, is satisfied that deprivation of liberty is required to order the removal of a threat to public order.
  

— — — — — — — — —-. (2) of article 9. 223 was amended by point 49 of art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Article 224 preventive arrest Proposal of the defendant in the course of criminal proceedings (1) the Prosecutor, if it considers that the conditions laid down are met, draw up a reasoned proposal of the pre-trial detention measure against the culprit, with an indication of their acceptability.
  

(2) the proposal referred to in paragraph 1. (1) together with the dossier of the case shall be submitted to judge rights and freedoms from the Court which would return to the jurisdiction of the jurisdiction at first instance or from the appropriate court in its degree in whose constituency lies the place of detention, the place where it was found committing the offence times prosecution the Attorney that drew up the proposal.
  


Article 225 Settlement proposal of preventive arrest during criminal proceedings (1) the judge of the rights and freedoms referred to it pursuant to article 13. 224 para. (2) the time limit for settling the preventive arrest proposal, setting the date and time at which the settlement will take place.
  

(2) if the defendant to the restraint, the settlement proposal of preventive arrest must be fixed before the expiry of his detention. Day and time shall be communicated to the Prosecutor, who has the obligation to ensure the presence of the accused before the judge of rights and freedoms. Also, the day and hour are brought to the knowledge of the defendant's lawyer, which, upon request, make available the dossier of the case for trial.
  

(3) the defendant to the freedom it cites for the specified time. The term is brought to the attention of the Prosecutor and the defendant's lawyer, the latter giving him, on request, the opportunity to study the dossier of the case.
  

(4) the resolution of the proposed preventive arrest is made only in the presence of the defendant, unless when it is missing or wrongly, is gone, evade or health status, for reasons of force majeure or necessity does not appear or cannot be brought before the judge.
  

(5) in all cases, it is compulsory to legal assistance of the accused by a lawyer, either chosen or appointed ex officio.
  

(6) the participation of the Prosecutor is compulsory.
  

(7) the judge of the rights and freedoms it hear the defendant present about the deed to which it is accused and of the reasons on which it is based on preventive arrest proposal sought by the Prosecutor.
  

(8) Before proceeding to the hearing the accused, the judge of the rights and freedoms it brings to attention the crime of which he is accused and the right not to make any statement, drawing attention to him that what he says can be used against him.
  


Article 226 preventive arrest proposal on Admission in the course of criminal proceedings (1) the judge of rights and freedoms, if it considers that the conditions laid down are met, the Prosecutor's proposal and admits the preventive arrest of the accused, by a reasoned conclusion.
  

(2) the preventive arrest of the accused may be ordered for a period not exceeding 30 days. The duration of his detention there shall be deducted from the duration of pre-trial detention.
  

(3) after taking the action, the defendant shall be informed immediately, in a language he understands, of the reasons for which it was ordered the preventive arrest.
  


Article 227 reject this proposal of preventive arrest during criminal proceedings (1) the judge of rights and freedoms, if it considers that the conditions laid down are met not by law for the preventive arrest of the accused, reject, by a reasoned conclusion, the proposal of the Prosecutor, with the implementation of the defendant detained.
  

(2) If the conditions laid down are met, the judge may order the rights and freedoms one of the preventive measures referred to in article 1. 202 para. (4) (a). b)-d).
  

(3) Repealed.
  

— — — — — — — — —-. (3) art. 227 was repealed by article, item 50. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Article 228 Încunoştinţarea about preventive arrest and pre-trial detention of the accused (1) Repealed.
  

— — — — — — — — —-. (1) of article 1. 228 was repealed by article 51, item. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(2) the person against whom the measure has been ordered preventive detention shall, under signature, in writing, the rights referred to in art. 83, the right provided for in article 10. 210 paragraph 2. (1) and (2), and the right of access to emergency care, the right to appeal against the measure and the right to revoke or replace detention with another preventive measure, and where there may be times refuses to sign, will conclude a Protocol *).
  

Notă



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*); IV of the EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 from May 23, 2016, in application of article 11. 209 paragraph 2. (17), art. 218 paragraph 1. (4) and art. 228 paragraph 3. (2) of the code of criminal procedure, as well as title III ' provisions concerning cooperation with EU Member States in the implementation of the framework decision 2002/584/JHA of the Council of the European Union of 13 June 2002 on the european arrest warrant and the surrender procedures between Member States "of the law No. 302/2004 on international judicial cooperation in criminal matters, republished, with subsequent amendments and additions, the judicial organs shall submit the suspect, the accused or convicted person a written information concerning her rights during criminal proceedings or execution of the european arrest warrant. Provision of information will be made in the Romanian language, in their mother tongue or in a language which he understands, as appropriate.

Romanian-language model of the form which will include provision of information referred to in paragraph 1. (1) will be established by order of the Minister of Justice, Minister of Internal Affairs, the President of the High Court of Cassation and justice and the Attorney general's Office of the High Court of Cassation and justice.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (3) Immediately after taking the measure of preventive arrest, judge of the rights and freedoms of the Court of first instance or of the superior court, which ordered the measure, încunoştinţează about this defendant's family member or a person designated by him. The provisions of article 210 paragraph 2. (2) shall apply accordingly. Making încunoştinţării shall be recorded in the minutes.
  

(4) immediately after its introduction in a place of detention, the defendant has the right to încunoştinţa or to request the Administration to place the persons referred to in paragraph încunoştinţeze. (3) about the place where it is held.
  

(5) the provisions of paragraphs 1 and 2. (4) shall apply accordingly in the case of a change of ownership of the place, immediately following the change.
  

(6) the administration of the place of detention is required to bring to the attention of the accused arrested preventively subparagraph of paragraph. (2) to (5) and to record in the minutes the way it was done încunoştinţarea.
  

(7) the defendant's pre-trial may refuse the right to make personal încunoştinţarea only for serious reasons, which shall be recorded in minutes drawn up pursuant to paragraph 1. (6).
  

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Art. 228 was modified by item 155 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 229 of protection measures in the case of preventive arrest during criminal proceedings (1) if the pre-trial detention measure was taken against a defendant in whose protection is a minor, a person placed under interdiction, a person to whom guardianship has been established or curatorship or a person who, because of age, illness or other cause, needs help the competent authority shall, as soon as it is încunoştinţată in order to take legal measures of protection for the person concerned.
  

(2) the obligation of the judge returns încunoştinţare rights and freedoms from the Court or from the superior court, which has taken the measure of preventive arrest, how to fulfil this obligation being recorded in the minutes.
  


Article 230 the preventive arrest Mandate (1) based on the conclusion that ordered the preventive arrest of the accused, the judge of the rights and freedoms of the Court of first instance or, where appropriate, of the superior court shall forthwith issue the mandate of preventive arrest.
  

(2) where the same conclusion, was ordered imprisonment of several defendants, one seat for each of them.
  

(3) The mandate of preventive arrest is shown: a) the Court in which the judge rights and freedoms which ordered the pre-trial detention measure-taking;
  

b) date of issue of the mandate;
  

c) name, surname and the quality of the rights and freedoms of the judge who had issued the mandate;
  

d identity data) of the defendant;
  

e) for duration of the preventive arrest of the accused ordered, with an indication of the date on which they shall cease;
  

f) offence that is appearing accused the defendant, with date and place of the offence, the offence and the legal classification of the penalty prescribed by law;
  

g) concrete grounds of preventive custody;
  

h) order the defendant to be arrested;
  

an indication of the place where I) will be held the suspect arrested;
  

j) judge's signature rights and freedoms;
  

k) the signature of the accused present. If he refuses to sign, it will make appropriate mention in the mandate.
  

(4) When the term of arrest was issued after hearing the accused, the judge who issued the mandate handed out a copy of the mandate of the person arrested and the police.
  

(4 ^ 1) The term of arrest can be sent police and by fax, by e-mail, or by any means capable of producing a written record under conditions allowing the receiving authorities to establish authenticity.
— — — — — — — — —-. (4 ^ 1), art. 230 was introduced by the pct, article 156. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(5) If the injured party has requested notification on the release or escape of any person arrested, the judge who issued the mandate to record it in the minutes, which he teaches the body to police.
  

— — — — — — — — —-. (5) article. 230 was changed from point of article 52. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(6) the original copy of teaches police mandate of preventive arrest and the Protocol referred to in paragraph 1. (5) administration of the place of detention.
  


Article 231 the enforcement of preventive arrest mandate issued in the absence of the defendant (1) When the measure of pre-trial detention has been ordered in the absence of the accused, two original copies of the mandate issued shall be forwarded to the police at the domicile or residence of the defendant in order to execute. Where the defendant is not domiciled or resident in Romania, the copies shall be forwarded to the police body within whose territorial court.
  

(2) the term of arrest may be transmitted through organ and fax, email or by any means capable of producing a written record under conditions allowing the receiving authorities to establish authenticity.
  

(3) where the term of arrest contains material errors, but allows the identification of the person and the establishment of the measure in relation to the particulars of the person's existing police records and the judgement of the Court, the measure requiring police executing at the same time shifting the Court clerical errors.
  

(4) the police shall arrest the person indicated on the warrant that 1870 copy of it, in one of the forms referred to in paragraph 1. (1) or (2) as he runs in no more than 24 hours to judge rights and freedoms which ordered the pre-trial detention measure or, where appropriate, to the judge of the preliminary Panel room at times which lie towards the settlement of the case folder.
  

(5) in order to execute the mandate of preventive arrest, the police may enter the domicile or residence of natural persons, without his consent, and in any legal person without his consent of the legal representative thereof, if there are reasonable indications showing a reasonable suspicion that the person of the term lies in his domicile or residence.
  

(6) where the preventive arrest of the accused has been ordered because of failing health, for reasons of force majeure or necessity, the defendant is presented, at the end of these reasons, the judge of the rights and freedoms which has taken the measure of the time, where appropriate, the judge at the preliminary hearing or the bench room that lies to the dossier of the case.
  

(7) the judge shall provide the rights and freedoms of the defendant pursuant to article hearing 225 paragraph 3. (7) and (8) thereof, in the presence of the lawyer, and the defendant's statement in the context of assessment of evidence administered and the reasons contemplated taking the measure, by closing, after having heard the Prosecutor's findings, confirming the arrest and execution of the mandate of the times, where applicable, under the conditions provided by law, the revocation of the pre-trial detention or replace it with one of the preventive measures referred to in article 1. 202 para. (4) (a). b)-d) and release the defendant, unless he is arrested in another question.
  

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Art. 231 was amended by article item 157. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 232


Negăsirea the person provided for in the mandate of preventive arrest When the person referred to in the mandate of preventive arrest has not been found, the police charged with the execution of the mandate will conclude a Protocol by which finds it and shall notify the judge of the rights and freedoms which ordered the pre-trial detention measure, as well as the competent bodies for implementation and follow-up in the employee at border crossing points.


Article 233 of the defendant for the duration of pre-trial detention during the criminal prosecution (1) during the criminal investigation, pre-trial detention of the accused duration may not exceed 30 days, unless it is extended under the law.
  

(2) the period referred to in paragraph 1. (1) run from the date of the execution of the measure against the defendant is arrested.
  

(3) When a question is put for further prosecution at a follow-up to another organ, the preventive arrest ordered or prolonged previously remain valid. The duration of pre-trial detention shall be calculated according to the provisions of paragraph 1. (1) and (2).
  


Article 234 extension of pre-trial detention during criminal proceedings (1) the preventive arrest of the accused may be extended, in the course of the prosecution, if the grounds for the initial arrest made in further deprivation of liberty of the accused or there are new grounds justifying the extension of the measure.
  

(2) the extension of pre-trial detention may only dispose of a reasoned proposal from the Prosecutor who conducts or supervises the prosecution.
  

(3) in the case referred to in paragraph 1. (1) extension of pre-trial detention may be ordered by the judge of the rights and freedoms of the Court to which it would return to the jurisdiction of the jurisdiction at first instance or to the appropriate court in its degree in whose constituency lies the place of detention, the place where it was found committing the offence times prosecution the Attorney that drew up the proposal.
  

(4) If imprisonment was originally ordered by a judge of the rights and freedoms of a court lower than that to which it would return to the jurisdiction to jurisdiction in the first instance, extension of this measure may be only one judge has rights and liberties at the competent court at the time of settlement of the proposed extension or the appropriate court in its degree in whose constituency lies the place of detention , the place where it was found committing the offence times prosecution the Attorney that drew up the proposal.
  

(5) When, in the same case, it found several defendants arrested for the duration of pre-trial detention shall expire on different dates, the Prosecutor may submit to the judge of rights and freedoms with the proposed extension of pre-trial detention for all defendants.
  


Article 235 of the extension of the preventive Procedure during criminal proceedings (1) the proposal to extend the pre-trial detention together with the dossier of the case shall be submitted to the judge for rights and freedoms with at least 5 days prior to the expiry of the duration of pre-trial detention).
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) by decision of the CONSTITUTIONAL COURT No. 336 of 30 April 2015, published in MONITORUL OFICIAL nr. 342 19 may 2015, it was considered the plea of unconstitutionality of the provisions of art. 235 paragraph 1. (1) of the code of criminal procedure, it was found that those provisions are constitutional to the extent that failure to submit "with at least 5 days prior to the expiry of the duration of pre-trial detention" incidence of art. 268 paragraph 5. (1) of the code of criminal procedure.

According to art. 147 paragraph 1. (1) of the Constitution of ROMANIA republished in Official Gazette No. 767 from 31 October 2003 the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.

In conclusion, in the range 3-19 may 2015 July 2015, the provisions cited above, have been suspended by operation of law, having ceased legal effect as from 4 July 2015, to the extent that failure to submit "with at least 5 days prior to the expiry of the duration of pre-trial detention" incidence of art. 268 paragraph 5. (1) of the code of criminal procedure, whereas the legislature not intervened for modification.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (2) the judge of the rights and freedoms fixed term for the settlement proposal to extend pre-trial detention before the expiry of the measure. The day and time set out shall be notified to the Prosecutor, who has the obligation to ensure the presence in front of the judge of the rights and freedoms of the accused detained preventively. The defendant's lawyer is încunoştinţat and shall, on request, the opportunity to study the dossier of the case.
  

(3) the defendant is heard by judge of the rights and freedoms of all the reasons on which it is based on the proposed extension of pre-trial detention, in the presence of a lawyer, either chosen or appointed ex officio. Hearing the defendant can be done with the consent and in the presence of a defender chosen or appointed ex officio and, where applicable, and an interpreter, and by videoconference, the place of detention.
  

— — — — — — — — —-. (3) art. 235 was modified by item 53 of article. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(4) where the defendant arrested preventively lies hospitalized due to health status cannot be brought before the judge of the rights and freedoms or when, for reasons of force majeure condition of necessity, times the displacement is not possible, the proposal will be examined in the absence of the defendant, but only in the presence of its lawyer, whom he gives the word to put conclusions. The provisions of article 204 paragraph 2. (7) the final sentence shall apply accordingly.
  

— — — — — — — — —-. (4) article. 235 was modified by item 53 of article. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(5) the Prosecutor's Participation is mandatory.
  

(6) the judge of the rights and freedoms to pronounce upon the proposal of extending the pre-trial detention before its term expires.
  


Article 236 of the proposed extension of the Admission of the preventive custody during criminal proceedings (1) the judge of rights and freedoms, if it considers that the conditions laid down are met, the Prosecutor's proposal and acknowledges the extension of pre-trial detention of the accused, by a reasoned conclusion.
  

(2) the extension of pre-trial detention of the accused may be available for a period of not more than thirty days.
  

(3) the judge may grant rights and liberties during criminal proceedings and other extensions, each cannot exceed 30 days. The provisions of paragraphs 1 and 2. (1) shall apply accordingly.
  

(4) the total period of pre-trial detention of the accused in the course of criminal proceedings shall not exceed a reasonable period of time and may not exceed 180 days.
  


Article 237 the rejection of the proposal to extend the pre-trial detention during criminal proceedings (1) the judge of rights and freedoms, if it considers that the conditions laid down are met not by law to extend pre-trial detention of the accused, reject, by a reasoned conclusion, the proposal of the Prosecutor, with the implementation of the defendant at the expiry thereof, unless it is arrested in another question.
  

(2) If the conditions laid down are met, the judge may order the rights and freedoms of the preventive replacement with one of the preventive measures referred to in article 1. 202 para. (4) (a). b)-d).
  


Article 238 the preventive arrest of the accused in the procedure room and during the preliminary judgment (1) preventive arrest of the accused may be ordered in interlocutory proceedings in Chamber and in the course of the judgment, by judge of preliminary room or by the Court before which the cause lies, on their own initiative or at the reasoned proposal of the Prosecutor, for a period not exceeding 30 days for the same reasons and under the same conditions as the preventive arrest ordered by judge of freedoms and rights in the course of criminal proceedings. The provisions of article 225-232 shall apply accordingly.
  

— — — — — — — — —-. (1) of article 1. 238 was modified by item 54 of article. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(2) in the course of the judgment, the measure provided for in paragraph 1. (1) has the composition of the Court provided for in law. In this case, the mandate of preventive arrest is issued by presiding.
  

— — — — — — — — —-. (2) of article 9. 238 was modified by item 158 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


(3) against the defendant who has been previously arrested preventively in the same case, in the course of criminal proceedings, the procedure of preliminary or room of the judgment, it may order this measure again only if new grounds have occurred that make his deprivation of freedom required.
  


Article 239 the maximum duration of pre-trial detention of the accused in the course of the judgment at first instance (1) in the course of the judgment at first instance, the total period of pre-trial detention of the accused shall not exceed a reasonable period of time and may not exceed half the maximum prescribed by law for particular offence subject to referral to the Court. In all cases, the duration of pre-trial detention in the first instance may not exceed 5 years.
  

(2) the time limits laid down in paragraph 1. (1) run from the date of referral to the Court where the defendant is in custody, and preventive, respectively, from the date of the execution of the measure when compared to the preventive arrest ordered in interlocutory proceedings in Chamber or in the course of the judgment, or in their absence.
  

— — — — — — — — —-. (2) of article 9. 239 was modified by item 159 of article. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) upon expiry of the time limits provided for in paragraph 1. (1) the Court may order the taking of other preventive measures, in accordance with the law.
  


Article 240 permanent medical treatment under guard (1) where, on the basis of medical documents, it is established that the pre-trial suffers from an illness that cannot be treated in medical network of the National Administration of prisons, the detention place administration features making the treatment under permanent guard of the Ministry of health medical network. The reasons for taking such measures shall be communicated without delay to the Prosecutor during criminal prosecution, the judge of the preliminary room during this procedure, or the Court, in the course of the judgment.
  

— — — — — — — — —-. (1) of article 1. 240 was amended by article item 160. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) the time during which the defendant is under constant guard, according to para. (1) the duration of pre-trial detention.
  


Section 7-the Cessation of law, revocation and replacement of preventive measures in article 241 of the Cessation of preventive measures (1) preventive measures shall cease: a) at the expiry of the time limits laid down by law or established by judicial bodies or, in the course of criminal proceedings or in the course of the judgment at first instance, upon the maximum provided by law;
  

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Lit. of paragraphs 1 to 5). (1) of article 1. 241 amended by point of article 55. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

b) where the Prosecutor has not delivered a solution the times Court pronounce a judgment of acquittal, for the cessation of the criminal process, waiver of the application of the death penalty or to delay the application of the death penalty or a penalty fine which accompanies jail, even nedefinitivă;
  

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Lit. b) of paragraph 2. (1) of article 1. 241 amended by point of article 55. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

c) at the time of the final decision of whether the conviction of the defendant ordered;
  

d) in other cases specifically provided by law.
  

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Lit. d) of paragraph 2. (1) of article 1. 241 amended by point 161 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

e) repealed;
  

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Lit. s) para. (1) of article 1. 241 has been repealed by article item 162. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

f) repealed;
  

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Lit. f) of paragraph 2. (1) of article 1. 241 has been repealed by article item 162. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

g) repealed;
  

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Lit. g) of paragraph 1. (1) of article 1. 241 has been repealed by article item 162. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.
(1 ^ 1) Imprisonment and house arrest law and ceases in the following circumstances: (a)) in the first instance to the pronouncement of a judgment of conviction with the suspension of the sentence under supervision or imprisonment not more than the length of his detention, arrest and pre-trial detention times, where appropriate, a ruling which has applied a measure of neprivativă of freedom;
  

b) if the duration of the call, the measure has reached the length of the sentence handed down in the judgment of conviction.
  

— — — — — — — — —-. (1 ^ 1), art. 241 amended item 56 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(2) judicial Body which ordered the measure or, where appropriate, the Prosecutor, the judge of rights and freedoms, the judge of the preliminary room times the Court before which the cause lies, Ordinance, or on its own initiative or upon request from the date of referral to the administration of the place of detention, the cessation of the preventive measure, in case any person detained or arrested preventively immediately, putting in freedom, if it is not incorporated in other relevant times he was arrested.
  

(3) the judge of rights and freedoms, the judge of the preliminary room or court to pronounce, by a reasoned conclusion, upon termination of the preventive measure, even in the absence of the defendant. Legal assistance of the accused and the Prosecutor's participation are required.
  

(4) the person against whom the measure has been ordered, as well as all institutions involved in the execution of the measure shall be communicated as soon as a copy of the order or termination of a judicial organ through which the law establishes the cessation of preventive measure.
  


Revocation of article 242 of preventive measures and the replacement of a preventive measure with another preventive measure (1) Preventive Measure shall be revoked, ex officio or upon request, where they stopped the grounds for it new circumstances have arisen which shows nelegalitatea the measure, dispunându, in the case of arrest and pre-trial detention, release of the suspect or the accused, unless he is arrested in another question.
  

(2) Preventive Measure is replaced, ex officio or upon request, with a milder preventive measure, provided that the conditions laid down by law for taking it and the assessment of the specific circumstances of the case and the conduct of the defendant procedural, it considers that preventive measure easier is sufficient to achieve the aim referred to in art. 202 para. (1) and (3) Preventive Measure is replaced, ex officio or upon request, with a preventive measure heavier, if the conditions provided by law for taking it and the assessment of the specific circumstances of the case and the conduct of the defendant, processual considers that preventive measure is heavier is required to achieve the aim referred to in art. 202 para. 1. (4) where a preventive measure has been taken in the course of criminal proceedings by the public prosecutor or the judge of rights and freedoms, the criminal investigation body has the obligation to immediately inform, in writing, on the public prosecutor about any circumstance that could lead to revocation or replacement of preventive measure. If it considers that the information communicated to justify revocation or replacement of preventive measure, the Prosecutor has it or, where appropriate, refer the matter to the judge of the rights and freedoms which has taken the measure, within 24 hours of receipt. The Prosecutor is obliged to notice and ex officio judge of the rights and freedoms when he finds himself the existence of any circumstances that justify revoking or replacing the preventive measure taken by it.
  

(4 ^ 1) During criminal prosecution, revocation of preventive measures of judicial control and judicial control on bail, as well as replacing these measures between them have Prosecutor, even if the measure was taken by the judge of rights and freedoms. The replacement of preventive measure to control the judiciary with judicial control measure on bail, article 4. 216 para. (1) and (3) and article 3. 217 is applied properly.
— — — — — — — — —-. (4 ^ 1), art. 242 was introduced by article 57, point. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.
(4 ^ 2) Against the order of the Prosecutor, arranged according to para. (4 ^ 1), may make a complaint under the terms of art. 213. — — — — — — — — —-. (4 ^ 2) of art. 242 was introduced by article 57, point. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


(5) an application for revocation or replacement of preventive measure sought by the defendant shall be addressed in writing to the Prosecutor, the judge of freedoms, rights and the judge of the preliminary room or the Court, as appropriate.
  

— — — — — — — — —-. (5) article. 242 was modified by item 58 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(6) in the course of criminal proceedings, the Prosecutor shall submit to judge rights and freedoms case folder or copy of it certified by the registry of the public prosecutor within 24 hours at the request of the judge.
  

(7) in order to solve the request, judge of rights and freedoms, the judge for preliminary Chamber or the Court shall fix the date of its settlement and features quotes from defendant.
  

— — — — — — — — —-. (7) article. 242 was altered art item 164. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(8) When the defendant is present, the application is only made after listening to its effects on all grounds on which the request is based, in the presence of a lawyer chosen or appointed ex officio. The application shall in the absence of the accused and resolves when it does not appear, although it was legally quote or when, due to poor health, for reasons of force majeure condition of necessity, times cannot be brought, but only in the presence of a lawyer, either chosen or appointed ex officio, which gives the word to put conclusions.
  

— — — — — — — — —-. (8) article. 242 was altered art item 164. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(9) the participation of the Prosecutor is compulsory.
  

(10) if the request relates to the measure of preventive arrest or replacement of the measure of arrest at home with a measure of judicial control on bail, if he finds the request to be justified, the judge of rights and freedoms, the judge for preliminary Chamber or the Court through the closing time in the boardroom, admits, in principle the request and determines the amount of the bail payment, by allowing the defendant to file her term.
  

(11) If the deposit is lodged within the deadline stipulated, the judge of rights and freedoms, the judge for preliminary Chamber or the Court through the closing time in the boardroom, admits the application of preventive measure with the measure of judicial control on bail, establishes obligations which will return the accused for the duration of the measure and has immediately implementation of the defendant, if he is not arrested in another question.
  

(12) If the guarantor is not submitted within the deadline, the judge of rights and freedoms, the judge for preliminary Chamber or the Court through the closing time in the boardroom, in the absence of the defendant and the Prosecutor, dismisses as unfounded the application made by the defendant.
  

(13) the time limit referred to in paragraph 1. (10) run from the date of final completion of remaining by which it is established the amount of the bail payment.
  


Section 8 special provisions concerning preventive measures applied to minors, Article 243 special conditions for applying against minors (1) preventive measures against the suspect and the defendant may be minor preventative measures according to the provisions laid down in sections 1 to 7 of this chapter, with additions and derogations provided for in this article.
  

(2) Detention and imprisonment may be ordered against a minor, by way of exception, only if the effects of deprivation of freedom they would have on the personality and its development are not disproportionate to the aim pursued by the measure.
  

— — — — — — — — —-. (2) of article 9. 243 was modified by item 59 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(3) in determining the duration of the measure to arrest the defendant's age at the date when ordering over taking, extension or maintenance of this measure.
  

(4) when ordered or preventive custody of a minor, provided for in article încunoştinţarea. 210 and 228 is made compulsory, and the legal representative thereof or, where appropriate, by the person in the care of the supervision times minor.
  

— — — — — — — — —-. (4) article. 243 was changed from point 165 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 244 special conditions of execution of arrest and pre-trial detention ordered against minors the special detention of minors in relation to the age peculiarities so that preventive measures taken against them should not prejudice the development of their physical, mental or moral development, will be established by the law on execution of punishments and measures ordered by the judicial bodies during the criminal trial.


Chapter II provisional application of measures of medical safety section 1 order the provisional medical treatment conditions of application of article 245 and the content of the measure (1) Judge of rights and freedoms, for the duration of the prosecution, the judge of the preliminary room during preliminary court room or, during judgment, may order the provisional order to medical treatment of the suspect or the accused If it is in the situation provided for in art. 109 paragraph 1. (1) of the penal code.
  

(2) the measures provided for in paragraph 1. (1) consists of forcing the suspect or defendant to follow regularly the medical treatment prescribed by a doctor, until he recovers or until an improvement that removing the danger status.
  

(3) the judge of rights and freedoms and the judge of the preliminary room to pronounce upon the measure referred to in paragraph 1. (1) the Chamber of the Council through a reasoned conclusion. The Court to pronounce upon the measure through a reasoned conclusion.
  


The procedure for applying article 246 and lifting of the measure (1) In the course of a prosecution or proceedings preliminary Chamber, if it considers that the conditions laid down are met, the Prosecutor shall submit to judge rights and freedoms or the judge of the preliminary court room to which it would return to the jurisdiction to jurisdiction in the first instance a reasoned proposal of making against the provisional measure obliging the defendant to medical treatment.
  

(2) the proposal referred to in paragraph 1. (1) shall be accompanied by the forensic expertise, indicating the necessity of applying the measure obliging to medical treatment.
  

(3) the judge referred to it under paragraph 3. (1) fixed-term settlement proposal not later than 5 days from the date of registration thereof with the suspect or the accused citing.
  

(4) When the suspect or the defendant is present, the settlement proposal shall be made only after its hearing in the presence of a lawyer, either chosen or appointed ex officio. The proposal is failing and the suspect settles or the defendant, when it does not appear, although it was legal, but only cited the presence of the lawyer, either chosen or appointed ex officio, which gives the word to put conclusions.
  

(5) the Prosecutor's Participation is mandatory.
  

(6) the suspect or defendant is entitled to the settlement proposal making provisional measure obliging to medical treatment and to be assisted by a doctor designated by it, which may present conclusions of the judge of rights and freedoms. The suspect or defendant has the right to be assisted by specialist designated by it and to the composition of the therapeutic plan.
  

(7) the judge shall pronounce upon the proposal by means of a discharge, which can be appealed within five days as of the pronouncement. Challenging shall not suspend the implementation of the measure.
  

(8) If the judge has proposal recognizes the obligation of the provisional medical treatment of the suspect or the accused and carrying out forensic expertise, where it was lodged pursuant to paragraph 1. 2. (9) where after the arrangement of the measure occurred when something suspect or defendant times there was an improvement of his State of health which removes the State of danger to public safety, rights and freedoms of the judge or the judge of preliminary room which he took so far as to order the referral to the Prosecutor or to the doctor or at the request of the suspect or defendant times member of his family the removal of the measure taken. The provisions of paragraphs 1 and 2. (2) to (7) shall apply accordingly.
  

(10) If, after the measure was referred to the arrangement of the Court by indictment, lifting it, pursuant to paragraph 1. (9) the judge shall dispose of preliminary Chamber or, if necessary, by the Court before which the cause lies.
  

(11) in the judgment at first instance and in appeal, on a proposal from the Prosecutor's Office, the defendant may be compelled medical treatment of provisionally by the Court before which the cause lies, requesting conclusive medical documents or conducting forensic expertise. The provisions of paragraphs 1 and 2. (4) to (9) shall apply accordingly.
  


(12) If the suspect or defendant violates in bad faith so far as provisional borders to medical treatment, the judge of rights and freedoms, the judge of the preliminary court room or who took the measure of the time in front of the cause, the Prosecutor has the referral or specialty doctor or medical office, provisional admittance to the suspect or the accused, under the conditions laid down in article 21. 247. (1) where a solution has not delivered the judgment, the Prosecutor notifies the judge of preliminary room to confirm times, if necessary, replacement or termination of the measure. The Council Chamber, with the participation of the Prosecutor, listens, if possible, the person subject to the provisional measure, in the presence of his lawyer, and, after performing a forensic expertise to pronounce by means of a reasoned conclusion. Against the closure of the opposition may be, within 3 days from the pronouncement, which shall decide by the judge at the preliminary court room hierarchically superior to that exercised, or, where appropriate, of the competent Panel of the High Court of Cassation and justice, in the Council Chamber.
  

— — — — — — — — —-. (13) article. 246 was introduced by the pct, article 60. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Section 2 of the internment of provisional Article 247 medical conditions of application and the content of the measure (1) Judge of rights and freedoms, in the course of the prosecution, the judge for preliminary room during the preliminary procedure room, or the Court, in the course of the judgment, may order the provisional medical intern suspect or accused who is chronically mentally ill substance times the consumer, whether taking psychoactive measure is required for removal of concrete and imminent danger to public safety.
  

(2) the measures provided for in paragraph 1. (1) consists of hospitalization or medical nevoluntară suspect accused in a specialized medical unit, until he recovers, or to relieve that removes the danger status resulted in the taking of the measure.
  

(3) the provisions of article 4. 245 paragraph 4. (3) shall apply accordingly.
  


The procedure for applying Article 248 and lifting of the measure (1) In the course of a prosecution or proceedings preliminary Chamber, if it considers that the conditions laid down are met, the Prosecutor shall submit to judge rights and freedoms or the judge of the preliminary court room to which it would return to the jurisdiction to jurisdiction in the first instance a reasoned proposal of making against the suspect or defendant of provisional measure medical hospitalisation.
  

(2) the proposal referred to in paragraph 1. (1) shall be accompanied by the relevant medical or forensic psychiatric expertise.
  

(3) the judge referred to it under paragraph 3. (1) fixed immediately within the settlement proposal and bringing the suspect with the mandate or of the defendant.
  

(4) the resolution of the proposal shall be made only after hearing of the suspect or accused, if his health permits, in the presence of a lawyer, either chosen or appointed ex officio. When the suspect or the defendant is already hospitalized in a nursing unit and its displacement is not possible, the judge of the rights and freedoms shall proceed with the hearing in the presence of the lawyer, in the whereabouts.
  

(5) When the proposal mentioned in paragraph 1. (1) it is not accompanied by the forensic psychiatric expertise, the Court has the making thereof, taking, where appropriate, and necessary for carrying out the measure of your expertise.
  

(6) the participation of the Prosecutor is compulsory.
  

(7) the suspect or defendant is entitled to the settlement proposal on making medical hospitalisation times to measure the composition of the therapeutic plan and to be assisted by a physician designated by the latter, whose conclusions are submitted to judge rights and freedoms.
  

(8) the judge shall decide without delay on the proposal through a discharge which can be contested in the 5 days of the pronouncement. Challenging shall not suspend the implementation of the measure.
  

(9) If the judge admits the proposal has a provisional medical intern the suspect or the accused and take steps to carry out a forensic psychiatric expertise, though it was not made pursuant to paragraph 1. (2) (10) if the judge has a medical intern, take provisional measures under article 4. 229. (11) If, after the arrangement of the measure occurred when something suspect or defendant times there was an improvement of his State of health which removes the State of danger, the judge of the rights and freedoms or the judge of preliminary room which has taken the measure has concluded, through referral to the Prosecutor or to the physician or at the request of the suspect or defendant times member of his family the completion of forensic psychiatric expertise with a view to lifting the measure applied.
  

(12) If, after the measure was referred to the arrangement of the Court by indictment, lifting it, pursuant to paragraph 1. (11), ordering the preliminary judge Chamber or, if necessary, by the Court before which the cause lies.
  

(13) in the course of the judgment at first instance and in appeal, against the accused may be provisional admission medical features on a proposal from the Prosecutor's Office, or by the Court before which the cause lies, based on forensic psychiatric expertise. The provisions of paragraphs 1 and 2. (4) to (11) shall apply accordingly.
  

(14) the provisions of article 4. 246 para. (13), shall apply accordingly.
  

— — — — — — — — —-. (14) article. 248 was introduced by the pct, article 61. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Chapter III measures to insurers, restitution and restoration of the previous situation things of the offence in article 249 general conditions making precautionary measures (1) the Prosecutor during criminal prosecution, the judge for preliminary Chamber or the Court, ex officio or at the request of the Prosecutor, the Chamber procedure preliminary times in the course of the judgment, it may take precautionary measures, by Ordinance or, as the case may be, by a reasoned conclusion to avoid hiding the destruction, disposal or circumvention of the tracking property that may be subject to forfeiture or confiscation of the extensive special times which can serve to guarantee the execution of the penalty of fine or expenses or to repair damage caused by the offence.
  

(2) insurers unavailable Measures consisting in movable or immovable property, by means of a seizure.
  

(3) Precautionary Measures to ensure the execution of the punishment of fine may be taken only upon property of the defendant or the suspect.
  

(4) for the purposes of confiscation Measures insurers or extended confiscation of assets may be suspect or defendant times other people's property or the possession of which the goods are to be confiscated.
  

(5) the measures in order to repair the damage insurers by crime and to ensure the execution of the expenses can take ownership of the suspect or accused and the person in charge, up to civilmente value expected.
  

(6) the precautionary Measures referred to in paragraph (5) may be taken in the course of criminal proceedings, the procedure of preliminary room and of judgment, and at the request of the party. Precautionary measures taken ex officio by the judicial bodies referred to in paragraph 1. (1) can be used by the party.
  

(7) the measures taken under the terms of paragraphs 2 and 3 insurers. (1) are mandatory if the injured party is a person lacking in exercise capacity or restricted exercise.
  

(8) may not be seized property belonging to a public authority or institution of another person governed by public law, nor goods exempted by law.
  

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Art. 249 was modified by item 166 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Precautionary measures article 250 Challenging (1) against the precautionary measure taken by the Prosecutor or the bringing to fruition of it suspect times the defendant or any other person may make opposition, within 3 days from the date of communication of the Ordinance making the measure or the order to comply with it, the judge of the rights and freedoms of the Court to which it would return to the jurisdiction of the jurisdiction as to the merits.
  

(2) the appeal is not suspensive.
  

(3) the Prosecutor shall submit to the judge of the rights and freedoms the dossier of the case, within 24 hours at the request of the dossier.
  

(4) the resolution of the appeal shall be made in the Council Chamber, with the attendance of the person who made the appeal and of the persons concerned, by a reasoned conclusion, which is final. The Prosecutor's participation is mandatory.
  

(5) the dossier of the case shall be returned to the Prosecutor within 48 hours of the appeal.
  


(5 ^ 1) If, by the resolution of the appeal brought under paragraph 1. (1) was referred to the Court by indictment, the opposition shall be submitted, to the competent judge settling preliminary room. The provisions of paragraphs 1 and 2. (4) shall apply accordingly.
— — — — — — — — —-. (5 ^ 1), art. 250 was introduced by article 62 point. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(6) Against how to bring to fruition the precautionary measure taken by the judge of the preliminary room or by the Court, the Prosecutor, the suspect or any other times defendant person *) can make this opposition to judge or this Court, within three days from the date of the execution of the measure.
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) by decision of the CONSTITUTIONAL COURT No. 24 of January 20, 2016, published in MONITORUL OFICIAL nr. 276 of 12 April 2016, it was considered the plea of unconstitutionality of the provisions of art. 250 paragraph 3. (6) of the code of criminal procedure, it was found that a legislative solution that does not allow appeals against taking precautionary measure and by the judge for preliminary Chamber or by the Court is unconstitutional.

According to art. 147 paragraph 1. (1) of the Constitution of ROMANIA republished in Official Gazette No. 767 from 31 October 2003 the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.

Therefore, during April 12-26 May 2016 2016, legislative solution contained in art. 250 paragraph 3. (6) of the code of criminal procedure, which does not permit precautionary measure has been taken to challenge and by the judge for preliminary Chamber or by the Court, was suspended by operation of law, having ceased legal effect as of May 27, 2016, since the legislature did not intervene for modification.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (7) the appeal shall not suspend the execution and resolve, in open court, reasoned with through closings, summoning the parties within five days of its registration. The Prosecutor's participation is mandatory.
  

(8) After final judgment, whether it can be done only according to civil law opposition over how to bring to fruition the precautionary measure.
  

(9) the drawing up of the minute is required.
  


Article 250 ^ 1 precautionary measures in disputes over the course of the judgment (1) Against the conclusion of the taking of precautionary measures ordered by the judge of the preliminary room, by the Court or the Court of appeal, the defendant, Prosecutor or any interested person may make opposition, within 48 hours of delivery or, where appropriate, of the communication. The notice of opposition shall be filed, if necessary, to judge from the room, the Court or the Court of appeal has rejected the conclusion contested and forwarded, together with the file of the case, where appropriate, the judge of the preliminary court room superior hierarchically superior court, respectively, within 48 hours of registration.
  

(2) the notice of opposition against the conclusion whereby the judge of preliminary room at the Criminal Section of the High Court of Cassation and Justice took a measure of a asigurătorie completely resolve consists of 2 Justices of appeal, and the room against the conclusion by which criminal Section of the High Court of Cassation and justice, in the first instance or in appeal, took a measure of asigurătorie deciding Panel of 5 judges.
  

(3) the appeal lodged pursuant to paragraph 1. (1) it is not suspensive. The opposition resolve within 5 days of registration, in open court, with the participation of the Prosecutor and the accused and with the attendance of stakeholders who formulated it. Provisions of art. 425 ^ 1 and the following apply.
  

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Art. 250 ^ 1 was introduced by the pct. of article 63. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Article 251 bodies bring to comply with precautionary measures or that the Ordinance making precautionary measure shall be brought to fruition by the criminal investigation organs, as well as by the competent organs according to law, the order of the criminal prosecution body or the judge of preliminary room or the Court, as appropriate.
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Art. 251 was amended item 64 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Article 252 Procedure of seizure (1) the body shall carry out seizure is required to identify and evaluate assets seized, and may have recourse, where appropriate, the evaluators or experts.
  

(2) the goods are perishable, metals or precious stones, foreign means of payment, securities, objects of domestic art and museum collections, as well as the amounts of money that are the subject of seizure will necessarily be high.
  

Perishable Goods (3) shall be submitted to the competent authorities, according to a new activity, which are obliged to receive them and let them capitalize immediately.
  

(4) Precious Metals or stones made objects with these times and foreign means of payment shall be submitted to the nearest banking institution.
  

(5) domestic securities, valuables or Art Museum, and collections of value keeping taught specialized institutions.
  

(6) the items specified in paragraph 2. (4) and (5) shall be submitted within 48 hours of picking. If the objects are strictly necessary prosecution, proceeding or judgment of preliminary room, filing is made at a later date, but not later than 48 hours after the delivery of the final solution.
  

(7) the objects seized shall be kept until the seizure.
  

(8) the money arising from the sale made pursuant to paragraph 1. (3) as well as the amounts of money raised according to para. (2) shall be deposited into the account established by law, and in no case later than 3 days after raising the money times from capitalizing assets.
  

— — — — — — — — —-. (8) article. 252 was amended by section 1 of article. 47 of the law nr. 318 of 11 December 2015, published in MONITORUL OFICIAL nr. 961 from 24 December 2015.

(9) Other chattels seized are put under seal or picked up, may appoint a custodian.
  


Article 252 ^ 1 cases of seized movable assets (1) during the criminal trial, before a final judgment, the Prosecutor or the Court which imposed the seizure may provide as soon as sale of movable goods seized at the request of the owner of the goods or where there is consent.
  

(2) during the criminal trial, before a final judgment, when there is to be arranged, movable in respect of which the seizure was instituted the insurer can be recovered, by way of exception, under the following circumstances: a) where, within one year from the date of imposition of the seizure, the value of seized goods decreased significantly, i.e. by at least 40 percent compared with that at the time of disposal precautionary measure. The provisions of article 252 paragraph 1. (1) apply properly and in this case;
  

b) when there is the risk of expiry of the warranty or when seizure insurer has been applied on animals or live poultry;
  

c) when you release the insurer has been applied on products or oil;
  

d) when you release the insurer was applied to goods whose maintenance or storage requires disproportionately in relation to the value of the property.
  

(3) during the criminal trial, before issuing a final judgment when the following conditions are cumulatively met: the owner could not be identified and cannot be made to paragraph 1. (2) vehicles on which the seizure was instituted the insurer can be harnessed in the following situations: (a)) when they were used, in any way, from committing a crime;
  

b) if at the date of the establishment of precautionary measure passed thereon for a period of one year or more.
  

(4) Amounts of money arising from the sale of movable goods made pursuant to paragraph 1. (1), (2) and (3) shall be deposited into the account provided for in article 4. 252 paragraph 1. (8).
  

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Alin. (4) article. 252 ^ 1 was amended by paragraph 2 of article 9. 47 of the law nr. 318 of 11 December 2015, published in MONITORUL OFICIAL nr. 961 from 24 December 2015.

(5) Repealed.
  

— — — — — — — — —-. (5) article. 252 ^ 1 was repealed by section 3 of article 9. 47 of the law nr. 318 of 11 December 2015, published in MONITORUL OFICIAL nr. 961 from 24 December 2015.
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Art. 252 ^ 1 was introduced by the pct. of article 167. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 252 ^ 2 sale of movable goods seized during criminal proceedings (1) in the course of criminal proceedings, where there is consent of the owner, if the Public Prosecutor instituted considers that it is necessary to release the sale of movable goods seized, it shall refer the matter with a reasoned proposal of the judge seized assets on rights and freedoms.
  

(2) the judge of the rights and freedoms referred to it under the terms of paragraph 1. (1) shall fix a time limit which shall not be less than 10 days, to which they are called upon the parties, as well as the custodian of the goods, when one has been designated. The Prosecutor's participation is mandatory.
  

(3) at the specified time, in the room of the Council, it shall notify the parties and the fact that the guardian is planning sale of movable goods seized and have in mind that they have the right to make observations or requests related to the goods to be valued. After examining the objections and requests made by the parties or custodian, the judge of rights and freedoms has reasoned through closing on the recovery of movable goods. 252 ^. (2) legal citations lack the Parties shall not prevent the conduct of the proceeding.
  

(4) the judge's conclusion against the rights and freedoms referred to in paragraph 1. (2) the notice of opposition may be made to the judge of the rights and freedoms of the superior court by the parties, the custodian, the Prosecutor, as well as by any other person within 10 days.
  

(5) the time limit referred to in paragraph 1. (4) communication flows from Prosecutor, parties or custodian or from the date when they were aware of the end for other interested persons.
  

(6) the parties or the custodian may only make opposition against the conclusion by which rights and liberties judge ordered the sale of movable goods seized. The Prosecutor can do only against the closure of opposition whereby the judge of rights and freedoms has rejected the proposal for recovery of movable assets seized.
  

(7) the appeal referred to in paragraph 1. (4) enforcement. suspensive Proceedings is made and, in particular, and the judgment by which it resolves the opposition is final.
  

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Art. 252 ^ 2 was introduced by the pct. of article 167. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 252 ^ 3 sale of movable goods seized during the judgment (1) in the course of the judgment, the Court, ex officio or at the request of the Prosecutor, of one party or guardian, may order the seized movables upon recovery. For this purpose, the Court shall fix a time limit which shall not be less than 10 days, to which are cited in the Council Chamber, as well as the custodian of the goods, when one has been designated. The Prosecutor's participation is mandatory.
  

(2) at the specified time, the discussion of the parties, the Council Chamber, sale of movable goods seized and have in mind that they have the right to make observations or requests related to them. Lack of legal parties cited does not prevent the conduct of proceedings.
  

(3) on recovery of seized movable assets, as well as in respect of the claims referred to in paragraph 1. (2) the Court has reasoned through closing. The conclusion of the Court is final.
  

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Art. 252 ^ 3 was introduced by the pct. of article 167. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 252 ^ 4 Challenging way to movable goods seized (1) Against the way of bringing to fruition the conclusion provided for in article 4. 252 ^ 2 (2). (3) the judgment or to movable goods seized, provided by art. 252 ^ 2 (2). (7) or article 3. 252 ^ 3 para. (3) the suspect or defendant, the party responsible for the curator, civilmente, any interested person and the public prosecutor may, in the course of the criminal process, opposition to the court having jurisdiction to hear and determine at first instance cause.
  

(2) the notice of opposition referred to in paragraph 1. (1) shall be made within 15 days of the completion of the Act challenged.
  

(3) the Court adjudicates the appeal and, in particular, in open court, with the attendance of the parties, through the service be terminated.
  

(4) after the final settlement of the criminal process, where there has been opposition against the way of bringing to fruition the conclusion or judgement recovery of seized movables under paragraph 1. (1) opposition may be made according to civil law.
  

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Art. 252 ^ 4 was introduced by the pct. of article 167. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 253 the minutes of seizure and notation or inclusion of mortgage lending (1) organ that applied release a report about all acts carried out under art. 252, describing in detail the assets seized, with an indication of their value. In the minutes shall show the assets and exempt by law from prosecution, according to the provisions of article 3. 249 para. (8) the person to whom i found was foreclosed. It is also the suspect or defendant's objections on record times of the party responsible civilmente, and those of other interested parties.
  

(2) the report referred to in paragraph 1. (1) stated that parties were încunoştinţate that: (a) the asset capitalization) may request or seized goods, pursuant to art. 252 ^. (1);
  

b) during the criminal trial, before a final judgment, moveable property to which the attachment is established insurer can be harnessed by the judicial organ, even without the consent of the owner, provided that the conditions laid down in articles 81 and 82. 252 ^. (2) and (3) a copy of the minutes referred to in paragraph 1. (1) allow the person to whom the ownership of the seizure, and failing that, those with whom he lives, the administrator, or the goalie who typically replaces times a neighbor. In the case where part of the goods or their entirety were taught a custodian, it leaves a copy of the minutes. A copy shall be forwarded to the judicial organ and which ordered precautionary measure to be taken, within 24 hours of the conclusion of the report.
  

(4) for real estate seized, the Prosecutor, the judge of the preliminary room or court which has ordered the establishment of seizure requires competent organ notation on mortgage on the goods seized, enclosing copy of the Ordinance or the conclusion of the ordered seizure and a copy of the minutes of seizure.
  

(5) the provisions of paragraphs 1 and 2. (4) shall apply accordingly with regard to the inclusion of mortgage ownership arrangement.
  

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Art. 253 was modified by item 168 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 254 (1) attachment of monies owed on any basis the defendant or suspect times party responsible civilmente by a third person or by the one wronged in their hands are poprite, within the limits provided by law, from the date of receipt of the order or the conclusion whereby it establishes the seizure.
  

(2) the moneys referred to in paragraph 1. (1) will be recorded by the debtors, where necessary, at the disposal of the judicial body that has ordered attachment or enforcement body, within 5 days after the maturity date, receipts are to be handed over to the Prosecutor, the judge for preliminary room times court within 24 hours of stand-by duty.
  


Article 255 (1) Refund of things If the Prosecutor or the judge of freedoms and rights in the course of the prosecution, the judge for preliminary Chamber or the Court, in camera proceedings preliminary times in the course of the judgment, finds, upon request or ex officio, that things at times suspect indicted or from any person from whom they received to keep them are the property of the person injured or to another person or have been taken unjustly from the possession or carrying thereof , return these things. The provisions of article 250 shall apply accordingly.
  

(2) a refund of the things raised occurs only if they are not thereby hampered the establishment of factual and fair resolution of the case and with the obligation for at whom are returned to preserve them until such time as a definitive solutions in criminal procedure.
  


The restoration of the previous situation of article 256 Court, during judgment, may take measures to restore the previous situation of the offence, when changing that situation resulted from perpetration of the offence, and the restoration is possible.


Title VI common procedural Acts and procedural chapter Citing procedural documents, and the mandate of Article 257 how citation


(1) a person's call in front of the prosecution or the Court shall be made by summons. Attendance can be made through telephone and telegraphic notice or, ending in this sense a report.
  

(2) the communication of the documents and subpoenas of the proceedings shall be made ex officio by the judicial bodies procedurali agents or by any other employee, through the local police or by postal service or courier.
  

— — — — — — — — —-. (2) of article 9. 257 was altered art item 169. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) the persons referred to in paragraph 1. (2) are required to comply with the procedure for summoning and communicate evidence for the performance thereof before the deadline established by the citation.
  

(4) in the case referred to in article 1. 80 injured persons and civil parties may be cited by the legal representative or by a publication of the national movement.
  

(5) the attendance can be done via e-mail or via any other electronic messaging system, with the consent of the person quoted.
  

— — — — — — — — —-. (5) article. 257 was altered art item 169. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(6) the minor aged less than 16 years will be quoted through parents or guardian, except where this is not possible.
  

— — — — — — — — —-. (6) article. 257 was altered art item 169. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(7) the judicial Body may communicate orally the person present term, making them aware of the consequences of a no-show. During the criminal investigation, bringing to their attention the deadline stated in the minutes which shall be signed by the person so cited.
  

(8) the attendance and procedural documents shall be made in the closed envelope, which will bear the endorsement "for justice. Priority is to be handed over ".
  

— — — — — — — — —-. (8) article. 257 was introduced by the pct. 170 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 258 (1) Contents of the summons Summons is individual and must include the following: a) the name of the prosecution or court issuing the summons, the date on which it is based, and the file number;
  

(b) the surname and forename of the person), the capacity in which he is cited and indication of the case;
  

c) address of quote;
  

d) time, day, month and year, numeric, and inviting the one quote to appear at the time and place indicated;
  

It's an indication that the party cited) is entitled to a lawyer to be present at the specified time;
  

f) where applicable, that, according to art. 90, or art. 93 para. (4) the defense is mandatory, and where the side cannot choose a solicitor who present themselves at the deadline, i will appoint a lawyer ex officio;
  

g) noting that the part may, for the purposes cited for the exercise of the right to defence, to consult the archive folder located in the Court or the public prosecutor's Office;
  

h) consequences of waving in front of a judicial organ.
  

(2) the suspect or defendant transmitted the summons must contain the legal classification and designation of the criminal offence of which he is accused, warning that in the event of failure, may be brought with a mandate of remembrance.
  

(3) the summons shall be signed by the one issue.
  


Article 259 Place citation (1) Suspect, defendant, the parties in the process, as well as other people cite the address where I live and if this is not known, the address of their place of work, by personal service of the establishment in which they work.
  

(2) the suspect or the defendant has the obligation to communicate within a maximum of 3 days the judicial organ address change where he lives. The suspect or the defendant is informed of this obligation in the context of the hearing and about the consequences of failure to fulfil an obligation.
  

(3) the suspect or defendant who has shown, through a statement given during the criminal trial, another place to be cited is quoted in the location indicated.
  

(4) the suspect or defendant may be quoted on the premises of the lawyer chosen, unless the judgment was given after the first legal citation.
  

(5) If you know any address where the suspect or defendant resides, nor his place of work at the headquarters of the judicial organ, it displays a notification should include: a) year, month, day and time when it was made;
  

b) name and surname of the person who made the show and its function;
  

c) name, surname and place of residence or, where appropriate, the residence of the person concerned, headquarters quoted;
  

d) file number in respect of which the notice is made and the name of the judicial organ on the role which the dossier;
  

e) noting that the notification refers to the procedural act of the summons;
  

f of schedule) of the judicial body that has issued the summons in which the recipient is entitled to be present at the judicial organ in order to communicate the summons;
  

g) noting that, if the recipient fails to appear for summons within the time limit referred to in subparagraph (a). (f)), shall be deemed to be communicated to summons the fulfillment of this term;
  

h) signature of the display the reminder.
  

— — — — — — — — —-. (5) article. 259 was amended item 171 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(6) Patients or persons, as appropriate, in hospitals, medical establishments and social welfare are times CITES through their administration.
  

(7) persons deprived of liberty shall be the place of detention CITES through its administration. A copy of the summons shall be served and the administration of the place of detention.
  

— — — — — — — — —-. (7) article. 259 was amended by point 65 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.
(7 ^ 1) Citing military unit which, by its commander.
— — — — — — — — —-. (7 ^ 1), art. 259 was introduced by the pct. of article 172. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(8) to the people who make up the crew of a ship or boat in the race, citing is done at the port captaincy where the vessel is registered.
  

(9) If the suspect or defendant resides abroad, quoting is done, for the first term, according to the rules of international law applicable to criminal law in relation to the requested State, in accordance with the law. In the absence of such rules, or where the applicable international legal instrument so permits, citing is done by registered letter. In this case, the notice of receipt of the letter, signed by the recipient, or its refusal to accommodate, take the place of proof of completion of the procedure of summoning. For the first term of the Court, the suspect or defendant will be notified by subpoena that has the obligation to indicate an address on the territory of Romania, an e-mail address or electronic messaging, where it follows the all communications concerning the process. If you do not comply, communications will be made by registered mail, the receipt to your teaching Romanian letter, which will be referred to acts that should be taking place proof of compliance with the procedure.
  

(10) the staff of diplomatic missions, consular posts and Romanian citizens sent to work in international organizations, family members who live with them, how long is located abroad, as well as Romanian citizens abroad in the interests of the service, including members of the family accompanying referenced through establishments which have sent abroad.
  

(11) in determining the time limit for the appearance of the suspect or defendant abroad shall take account of relevant international norms in relation to the State on whose territory it is located the suspect or defendant, and in the absence of such rules, that the summons in order to look to be received not later than 30 days before the day fixed for the appearance.
  

(12) the institutions, public authorities and other legal persons shall issue a summons to the premises, and if neidentificării headquarters, properly apply paragraph 1. 5. (13) Attendance via e-mail or an electronic messaging system is done at the following e-mail address or coordinates that were listed in the judicial organ for this purpose by the person or representative cited them.
  

— — — — — — — — —-. (13) article. 259 was introduced by the pct. of article 173. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 260 Forwarding the summons (1) the summons shall be given, wherever it is found, the one quote that will sign the proof of receipt.
  


(2) if the person summoned refuses to accept the summons, the person authorized to communicate the summons will display a notice on the door of the addressee, concluding a protocol with respect to the circumstances noted. The notification should include: a) year, month, day and time when the display was made;
  

b) name and surname of the person who made the show and its function;
  

c) name, surname and place of residence or, where appropriate, the residence of the person concerned is notified, registered office;
  

d) file number in respect of which the notice is made and the name of the judicial organ on the role which the dossier with details of its registered office;
  

e) noting that the notification refers to the procedural act of the summons;
  

f of schedule) of the judicial body that has issued the summons in which the recipient is entitled to be present at the judicial organ in order to communicate the summons;
  

g) noting that, if the recipient fails to appear for summons within the time limit referred to in subparagraph (a). (f)), shall be deemed to be communicated to summons the fulfillment of this term;
  

h) signature of the display the reminder.
  

— — — — — — — — —-. (2) of article 9. 260 has been modified by the point of article 174. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.
(2 ^ 1) If the person cited, receiving the summons, refuses or is unable to sign the proof of receipt, the person authorized to communicate about this summons conclude proceedings.
— — — — — — — — —-. (2 ^ 1), art. 260 was introduced by the pct. of article 175. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) where the letter is recommended by who cites a suspect or defendant residing abroad cannot be handed over, and where the recipient does not allow State citation, summons will be displayed at the headquarters of the Prosecutor or the Court, as appropriate.
  

(4) the attendance can be made through the competent authorities of the foreign State if: a) address of quote is unknown or inaccurate;
  

b) it was not possible the sending of mail through the summons;
  

c) if citing mail was ineffective or inappropriate.
  

(5) where the attendance is made according to art. 259 paragraph 3. (6) to (8), there are bound to be handed over were shown immediately summons the person cited under making proof, certificându-signature or showing the reason it couldn't get its signature. The evidence is handed over to the agent and the procedural shall submit it to the organ of the prosecution or the Court which issued the subpoena.
  

(6) a Summons intended for public authorities or other legal persons, times surrenders to the Registrar or officer responsible for receiving mail. The provisions of paragraphs 1 and 2. (2) shall apply accordingly.
  

(7) where the attendance is achieved according to art. 257 paragraph 4. (5) a person who carries out the attendance shall draw up a report.
  

— — — — — — — — —-. (7) article. 260 was introduced by the pct, article 176. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 261 of the summons is handed over to others (1) if the person cited is not home, the agent provided with the summons of a relative or spouse, any person who resides with her times that normally receives mail. Summons may not be handed to a minor under 14 years of age or a person lacking in discernment.
  

(2) if the person summoned resides in a building with several apartments or a hotel, in the absence of the persons referred to in paragraph 1. (1) the summons shall be taught by the administrator, one who times the goalie usually replaces it.
  

(3) a person who receives the summons signed proof of delivery, and the agent, certifying the identity and signature of the Protocol, concluded. If it refuses or is unable to sign the proof of delivery, the agent displays the summons on the door, ending the proceedings.
  

(4) in the absence of the persons referred to in paragraph 1. (1) and (2), the operator is obliged to inquire where it can find the person cited to handing him summons. When the person cited can't be found, the agent displayed on the person's dwelling door quotes a notification should include: a) year, month, day and time when filing or, where applicable, the display was made;
  

b) name and surname of the person who made the show and its function;
  

c) name, surname and place of residence or, where appropriate, the residence of the person concerned is notified, registered office;
  

d) file number in respect of which the notice is made and the name of the judicial organ on the role which the dossier with details of its registered office;
  

e) noting that the notification refers to the procedural act of the summons;
  

f of schedule) of the judicial body that has issued the summons in which the recipient is entitled to be present at the judicial organ in order to communicate the summons;
  

g) noting that, if the recipient fails to appear for summons within the time limit referred to in subparagraph (a). (f)), shall be deemed to be communicated to summons the fulfillment of this term;
  

h) signature of the display the reminder.
  

— — — — — — — — —-. (4) article. 261 was modified by item 177 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(5) if the person cited lives in a building with several apartments or a hotel, if the subpoena was not shown the apartment living room times, the operator is obliged to make an investigation to find out this. If investigations were frustrated, the agent displays the main door of the summons on the building, ending the record and making mention of the circumstances which made it impossible the summons is handed over.
  

(6) Repealed.
  

— — — — — — — — —-. (6) article. 261 was repealed by article item 178. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 261 ^ 1 Unable to communicate When communication summons summons cannot be done because the property does not exist, the recipient is no longer inhabitable times living in the building concerned, or when the communication cannot be made for other reasons, the agent shall draw up a report stating that the observed situations, which sends the judicial body that has ordered the summoning.
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Art. 261 ^ 1 was introduced by the pct. of article 179. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 262 Proof of receipt and the teaching of the summons (1) proof of delivery of the summons must contain the case number, the name of the prosecution or court issuing the summons, the surname, forename, and status of the person cited, and the date for which it is cited. It also must include the date of delivery of the summons, the surname, given name, capacity and signature of the person who handed out the summons, the certification of the identity of the person to whom the signature and was handed the summons, as well as showing its quality.
  

(2) whenever the teaching, display or transmission of the subpoena shall conclude a Protocol, it will feature properly and the particulars referred to in paragraph 1. (1) where the attendance is achieved via e-mail or via any other electronic messaging system, the report attaches, if possible, evidence of its transmission.
  

— — — — — — — — —-. (2) of article 9. 262 amended item of article 180. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 263 Incidents relating to citation (1) in the course of the judgment, the irregularity concerning the summoning shall be taken into consideration only if the missing term occurred invoking the irregularity following the present legal provisions cited, the sanction of invalidity by applying properly.
  

(2) except in the presence of the accused is mandatory, the irregularity concerning the procedure of summoning a part can be invoked either by the Prosecutor, by the other parties ex officio only the time at which it occurred.
  

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Art. 263 was modified by item 181 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 264 Communicating other procedural acts (1) Communication to the other procedural acts shall be made according to the provisions laid down in this chapter.
  

(2) In the case of persons deprived of liberty, other procedural acts shall be made by fax or by any other electronic means of communication available at the place of detention.
  


Article 265 retrofit mandate


(1) a person may be brought before the criminal investigation body or Court of law on the basis of a mandate to bring, if, having been previously cited, it has not been presented, unreasonably, and listening times its presence is necessary, or if it has not been possible to appropriate communication of the summons and the circumstances indicate unequivocally that person balk at receiving the summons.
  

(2) the suspect or defendant may be brought to remembrance mandate, even before he had been summoned by subpoena, if this measure is necessary in the interest of resolving the case.
  

(3) in the course of the prosecution mandate of remembrance shall be issued by the prosecution, and in the course of the judgment by the Court.
  

(4) where the execution of the mandate for the retrofit is necessary penetration without consent in a domicile or establishment in the course of the prosecution mandate of remembrance may be willing, at the reasoned request of the Prosecutor, the judge of the rights and freedoms of the Court to which it would return to the jurisdiction of the jurisdiction at first instance or to the appropriate court in the degree to which the constituency registered office makes Prosecution Attorney.
  

(5) the request made by the Prosecutor during criminal proceedings, shall contain: (a) fulfilment of the conditions) the reasoning of paragraph 1. (1) and (2);
  

b) indication of the offence to which the criminal suspect or the name of the accused;
  

(c) the indication of the address) the whereabouts of the person requesting the issuance of the mandate of remembrance.
  

(6) the application requesting, in the course of the prosecution, issuance of a warrant for deciding in the Council, without summoning the parties.
  

(7) where it considers that the application is well founded, the judge of rights and freedoms has motivated, by concluding the definitive acceptance of the request and approval of the public prosecutor greening covered person required, as soon as the mandate of remembrance.
  

(8) the term of Office of judge issued rights and freedoms should include: a) the name of the Court;
  

b) date, time and place of issue;
  

c) name, surname and status of the person who issued the mandate of remembrance;
  

d) the purpose for which it was issued;
  

e) name of the person to be brought in with a mandate and address where he lives. If the suspect or the accused, the mandate of remembrance shall state the offence subject to criminal prosecution;
  

f) indication of their acceptability and motivating the necessity of issuing the mandate of remembrance;
  

g) noting that the mandate of remembrance may be used more than once;
  

h) judge's signature and stamp of the Court.
  

(9) if the judge considers that rights and freedoms are not satisfied the conditions laid down in paragraph 1. (1), (2) and (4) shall be terminated, by rejecting the application as unfounded.
  

(10) the mandate of remembrance issued by the prosecution during criminal prosecution, or the Court, in the course of the judgment, shall include, as appropriate, the indications referred to in paragraph 1. 8. (11) judicial body shall immediately obey the person brought to term remembrance or, where appropriate, be carried out as soon as the Act which required his presence.
  

(12) persons brought to the mandate of the judicial body will remain available only for the duration of the hearing or the performance of a procedural act that made their presence, but no longer than 8 hours, unless when he ordered the detention of preventive arrest of their times.
  

The execution of the mandate of Article 266 (1) the mandate of remembrance runs through the criminal investigation organs of the judicial police and public order. The person to whom is entrusted the enforcement of the mandate the mandate of the person for whom the forward he was issued, and he asks to accompany. If the person indicated in the warrant refuses to accompany the person who executes the mandate or tries to flee, it will be brought about by constraint.
  

— — — — — — — — —-. (1) of article 1. 266 amended item 182 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) to enforce the mandate issued by the judge of the rights and freedoms or the courts, law enforcement bodies under paragraph 1. (1) may enter the dwelling or premises of any person, where there are indications that it is located at, if sought in that it refuses to cooperate, prevent the execution of the mandate or for any other reason duly justified and proportional to the aim pursued.
  

(3) if the person shown in the mandate of remembrance cannot be brought for reasons of illness, the one responsible for the execution of the mandate establishes this in a report to be provided as soon as the criminal prosecution body or, where appropriate, of the Court.
  

(4) if the execution of the mandate tasked with bringing not find warrant provided for in person at the address shown, do research and, if they were frustrated, concludes a report which will contain entries about research. The minutes shall be forwarded, without delay, of the prosecution or, where appropriate, of the Court.
  

(5) enforcement of mandates for submission concerning the military is made by the Commander of the military unit or by the military police.
  

(6) the activities carried on in connection with the execution of the mandate of remembrance shall be entered in a report, which must include: a) the surname, forename and the quality of the one who terminate;
  

b) where it's ended;
  

c) mentions about activities.
  


Article 267 access to electronic data bases — — — — — — — — — — the name marginal art. 267 was introduced by the pct. 183 art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(1) in order to achieve the procedure of summoning, the disclosure of the documents of the proceedings or in the mandate of bringing proceedings, Prosecutor or court shall have a right of direct access to electronic data bases held by State administration bodies.
  

(2) State administration bodies that hold electronic data bases are obliged to cooperate with the Prosecutor or with the Court in order to ensure direct access to existing information in electronic data bases, in accordance with the law.
  


Chapter II consequences of non-compliance with the time limits in article 268 (1) if the term for the performance of a procedural act provides for a certain period, its disregard of the revocation of the right lures and nullity of the Act made over term *).
  

(2) where a procedural measure may be taken only for a certain period, it expires draws as the cessation of the effect of the measure.
  

(3) for other procedural time limits apply in the event of failure to comply with the provisions relating to nulităţi.
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) see the DECISION of the CONSTITUTIONAL COURT No. 336 of 30 April 2015, published in MONITORUL OFICIAL nr. 342 19 may 2015, through it was considered the plea of unconstitutionality of the provisions of art. 235 paragraph 1. (1) of the code of criminal procedure, it was found that those provisions are constitutional to the extent that failure to submit "with at least 5 days prior to the expiry of the duration of pre-trial detention" incidence of art. 268 paragraph 5. (1) of the code of criminal procedure.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 269 procedural terms Calculation (1) in calculating the procedural terms starting from the time, day, month or year as set out in the Act which caused the relevant, unless the law provides otherwise.
  

(2) The calculation of time limits on hours or days does not count the hour or day on which time starts to run, nor the time or the day on which it is fulfilled.
  

(3) time limits on Monday counted or years expire, as appropriate, at the end of the day corresponding to the last month of the time at the end of the day and the corresponding month of last year. If this day falls within a month that has no corresponding day, the period shall expire on the last day of that month.
  

(4) where the last day of a period falls on a working day, the period shall expire at the end of the first working day which follows.
  


Article 270 Acts considered to be within (1) the Act deposited within the period specified by law, the administration of the place of detention or military unit or at the post office by registered mail is deemed to be made on time. Registration or attestation made by the administration of the place of detention on the post office, as well as the receipt and recording of attestation made military unit on the filed as proof of the date of serving the lodging of the Act.
  

(2) If an act that had to be done within a certain time limit has been communicated or transmitted, from ignorance of the times from a manifest mistake of consignor, prior to expiry, a judicial body which has no jurisdiction, shall be deemed to have been filed, even though the Act reaches the competent judicial organ after expiry.
  


(3) except in the case of appeal, the act performed by the Prosecutor shall be deemed made in term if the date on which it was placed on the register of the Office of exit is within the time limit required by law to carry out the Act.
  


Article 271 Calculation of time limits in the case of custodial measures restrictive of rights or in the calculation of the time limits relating to preventive measures or any measures restricting rights, time or day at the beginning and that ends the term enters its duration.
HEAD III Expenditure Article 272 judicial judicial expenses (1) the expenditure required to carry out procedural acts, samples, sample material means conservation, attorneys ' fees and any other expenses incurred in conducting criminal process cover the amount advanced or paid by the parties.
  

(2) judicial Costs referred to in paragraph (1) advanced state, are included, as appropriate, in the budget of revenue and expenditure of the Ministry of Justice, the Public Ministry and other relevant ministries.
  


Article 273 Amounts due to the witness, the expert and the performer (1), the Expert Witness and the interpreter called by prosecution whenever the Court shall be entitled to reimbursement of costs of transport, housing, maintenance and other expenditure, occasioned by their call.
  

(2) the witness, expert and interpreter who are employees entitled to income from work, the duration of the lack of the service caused by calling the prosecution or the Court.
  

(3) a witness who is not an employee, but income from employment, is entitled to receive compensation.
  

(4) the expert and interpreter are entitled to extra remuneration for the performance of the assignment of the data in the cases and under the conditions provided for by the provisions laid down by law.
  

(5) the amounts awarded pursuant to paragraph 1. (1), (3) and (4) shall be paid on the basis of the provisions taken by the organ that had them calling and before which was presented to the witness, expert or interpreter, fund expenses specifically allocated.
  


Article 274 pay advanced state in case of waiver of prosecution, conviction, sentence or to defer application of waiving the application of the death penalty (1) in case of waiver of prosecution, conviction, postponing the application of the death penalty or sentencing cessation, suspect or, where appropriate, the defendant is liable for the payment of expenses advanced by the State, with the exception of expenditure relating to the ex officio lawyers and interpreters appointed by judicial bodies , which remain the responsibility of the State.
  

— — — — — — — — —-. (1) of article 1. 274 amended item 66 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(2) When there are more suspects or, where appropriate, the defendants, the Prosecutor or, where appropriate, the Court decides on the part of the judicial expenses due from each. The establishment of this part shall be taken into account for each of the suspects or, where appropriate, the defendants, the extent to which caused the judicial expenses.
  

— — — — — — — — —-. (2) of article 9. 274 amended item 66 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(3) the party responsible for civilmente, insofar as it is obliged to share with the ruling, the defendant shall be bound jointly and severally with it and to pay trial expenses advanced state.
  


Advanced payment of expenditure article 275 in other cases (1) the judicial Expenses are borne by the State as follows: 1. in case of payment by the person: (a)), to the extent that i note a fault at the Agency;
  

b) part which had been civil rejected in everything, as far as civil claims in which a procedural fault;
  

c) defendant who was forced to repair the damage;
  

2. in the event of termination of criminal process by: a) the culprit, if there is a question of nepedepsire;
  

b) any person aggrieved in case of withdrawal of prior complaint or where the prior complaint was belatedly introduced;
  

c) part referred to in the mediation agreement, where there has been criminal mediation;
  

(d) the accused person) and, in the event of reconciliation.
  

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Lit. d) point 2 of paragraph 1. (1) of article 1. 275 introduced item 184 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.
3. If the defendant demands continuing criminal trial, judicial expenses are incurred by: did) any person aggrieved, when it withdrew a preliminary complaint or ordered rank pursuant to art. 391. (1) (a). the-c)) or the acquittal of the defendant, to the extent that i note a fault at the Agency;
  

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Lit. to the point 3) of para. (1) of article 1. 275 has been amended item 67 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

b) indicted, when ordering the ranking for situations other than those referred to in article 4. 391. (1) (a). the-c)) times the cessation of penal process;
  

4. in case of the case to the parquet in camera procedure preliminary judicial expenses are borne by the State.

(2) In the event of outbreaks in appeal cassation appeal, the times of the introduction of a complaints or any other request, judicial expenses shall be borne by the person to whom it was rejected or withdrew the appeal, appeal in cassation, appeal or application.
  

(3) in all other cases, judicial expenses advanced by the State remain in its task.
  

(4) where several parts or people injured are liable to costs, the Court decides on the part of the judicial expenses due from each.
  

(5) the provisions of paragraphs 1 and 2. (1) paragraphs 1 and 2 and paragraphs 1 and 2. (2) to (4) shall apply accordingly if the disposition during the prosecution of a ranking and in the event of the rejection of a complaint made against the acts and the measures ordered by the prosecution.
  

(6) expenses relating to ex officio lawyers and interpreters appointed by judicial organs according to law, shall remain payable by the State.
  

— — — — — — — — —-. (6) article. 275 has been modified by the point of article 68. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(7) in the event of a complaint brought by the prison administration in the cases provided for by law No. 254/2013 regarding the execution of the sentences and custodial measures ordered by the judicial bodies during the criminal trial, as amended and supplemented, judicial costs remain the responsibility of the State.
  

— — — — — — — — —-. (7) article. 275 was introduced by the pct. of article 69. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Article 276 Payment expenses made by the parties (1) In the event of a conviction, the prosecution waiver, waiver of the application of the death penalty or to delay the application of the death penalty, the defendant is liable to pay to the injured person, as well as civil party in whom it was considered civil judicial action expenditure made by them.
  

— — — — — — — — —-. (1) of article 1. 276 has been modified by the point of article 185. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) When the civil action is admissible only in part, the Court may compel the defendant to pay all or part of the expenses.
  

(3) in case of waiver of civil claims, and in the event of a settlement, the mediation times recognition of civil claims, the Court disposes of costs by agreement of the parties.
  

— — — — — — — — —-. (3) art. 276 has been modified by the point of article 185. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(4) in the cases referred to in paragraph 1. (1) and (2) when there are multiple defendants or whether there are part responsible civilmente, properly apply the provisions of article 4. 274 para. (2) and (3).
  

(5) in the case of acquittal, the injured party or the civil side is ordered to pay the defendant and, where applicable, the party responsible for judicial expenses made by civilmente, insofar as they were provoked by the injured party or the civil side.
  

(6) in all other cases the Court determines the obligation to refund according to civil law.
  


Chapter IV amendment of procedural acts, shifting the clerical errors and omissions evident Article 277 Changes in procedural acts (1) Any addition, correction made in suppressing times of a procedural act shall be taken into account only if such changes are confirmed in writing, or at the end of the Act, by those who have signed.
  

(2) changes unconfirmed but which does not change the meaning of the sentence, shall remain valid.
  

(3) the non-Places a statement must be crossed out so that you can make additions.
  


Article 278 Straightening clerical errors


(1) the obvious material errors in a procedural act shall be paid by the prosecution himself, the judge of the rights and freedoms or preliminary fold room Court that drew up the Act, at the request of the party concerned or in the Office.
  

(2) for the purpose of correction of the error, the parties may be called upon to give explanations.
  

(3) judicial body About straightening carried out shall, where appropriate, a report or a discharge, making mention and at the end of the document.
  


Article 279 Removing some obvious omissions article 278 applies in cases where the judicial organ, due to the obvious omission has not been pronounced upon the amounts claimed by witnesses, experts, interpreters, lawyers, according to art. 272 and 273, and of the refund or the things raising the precautionary measures.


Chapter V, Article 280 Nulităţile effects of invalidity (1) violation of the legal provisions governing the conduct of criminal process attract the nullity of the instrument as provided by the present code.
  

(2) acts done later Act has been declared void are themselves stricken nullity, when there is a direct link between them and the act declared invalid.
  

(3) when he finds a nullity, the judicial organ shall, where necessary and where possible, that act in compliance with the legal provisions.
  


Absolute Nulităţile article 281 (1) determine the invalidity application always violation of provisions relating to the composition of the Commission: (a));
  

b the material jurisdiction and competence) of the courts, when the judgment was made by a legally competent court is inferior;
  

c) publicity sitting;
  

d) participation of the Prosecutor, when its participation is compulsory under the law;
  

(e) the suspect or) the presence of the accused, when its participation is compulsory under the law;
  

f) assisting by the Attorney of the suspect or the accused and the other parties when assistance is required.
  

(2) the absolute Nullity is established upon request or ex officio.
  

(3) violation of the legal provisions referred to in paragraph 1. (1) (a). a)-d) may be invoked at any State of the process.
  

(4) the violation of the legal provisions referred to in paragraph 1. (1) (a). e) and (f)) must be invoked: a) until the end of the preliminary proceedings in camera, if the violation occurred in the course of criminal proceedings or in proceedings preliminary Chamber;
  

(b) in any State), if the violation occurred in the course of the judgment;
  

(c) in any State) process, regardless of the time at which the infringement occurred, when the Court was hearing a plea bargaining agreement.
  


Article 282 relative Nulităţile (1) Violating any laws other than those referred to in article 1. 281 the nullity of the Act determines where non-compliance with the legal requirement was an injury to the rights of the parties to the trial of the main subjects of the time, which may not be dispensed otherwise than by abolishing the Act.
  

(2) relative Nullity may be invoked by the Prosecutor, suspect, defendant, the other party or person aggrieved, when there is an interest in compliance with the procedural legal provision violated.
  

(3) relative Nullity are invoked during or immediately after completion of the fold later act within the time limits specified in paragraph 2. (4) (4) violation of the legal provisions referred to in paragraph 1. (1) may be invoked: a) to the closing of the preliminary procedure room, if the violation occurred in the course of a criminal investigation or in this procedure;
  

b) until the first term with the legal procedure has been met, if the violation occurred in the course of criminal proceedings, when the Court was hearing a plea bargaining agreement;
  

c) until the next term of the Court with the complete procedure, if the violation occurred in the course of the judgment.
  

(5) the relative Nullity is covered when: (a) the person concerned has not) invoked within the period prescribed by the regulations;
  

b) claimant expressly gave the invocation of invalidity.
  


Chapter VI judicial Misconduct Fine judicial Article 283 (1) Following the misconduct committed in the course of the criminal process is sanctioned with a fine of 100 lei from judicial to 1,000 lei: a) fulfilment unreasonably wrong or late fulfillment times of citation or communication of documents, transmission of files, and any other works, if this had caused delays in the criminal process;
  

(b) failure to comply with the wrong times) the performance of the duties of awarding of subpoenas or other procedural acts, as well as failure to execute warrants of remembrance.
  

(2) the lack of witness unduly, as well as to the person injured, civil party or the party responsible, civilmente called to give statements, or leaving without permission or a valid reason, the place where they are to be heard shall be sanctioned with a fine of 250 to judicial to 5,000 lei lei.
  

(3) the absence of the lawyer chosen overkill or appointed ex officio, without replacement, according to the law, or the unjustified refusal of the Government to provide, in the conditions under which the enjoyment of all procedural rights, shall be imposed with a fine of 500 lei from judicial to 5,000 lei. The bar of lawyers is informed of the amendment to a member of the bar.
  

(4) the following misconduct perpetrated during the criminal trial is sanctioned with a fine of 500 lei from judicial to 5,000 lei: a) to prevent in any way the exercise, in relation to the process, the powers which have been devolved to judicial organs, specialized staff of the courts and prosecutors ' offices, the judicial body of experts appointed in accordance with the law, agents as well as other procedurali employees of courts and prosecutors ' offices;
  

b unjustified absence) expert or interpreter legal quote;
  

c) delayed by an expert or interpreter to incoming tasks;
  

d) fulfilment by the celebrant of the obligation, at the request of the prosecution or the Court, the object of these times the required records, and failure to comply with the same obligations of the legal representative of the legal person or the one in charge to comply with this obligation;
  

(e) failure to comply with the obligation to preserve), referred to in art. 160 paragraph 1. (3);
  

f) failure to by the legal representative of the legal person which is to carry out a survey of the measures necessary to carry out or to perform timely expertise, as well as prevent by any person who has expertise in the law;
  

g) failure by the parties, their lawyers, witnesses, experts, interpreters, or any other of the measures taken by the presiding court under art. 352 para. (9) or article 3. 359;
  

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Lit. g) of paragraph 1. (4) article. 283 amended by point of article 186. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

h) failure by lawyers of the parties of the measures taken by the presiding court under art. 359, except when they claim requests, exceptions, conclusions against the background of the case, and when they proceed to the hearing of the parties, witnesses and experts;
  

I) ireverenţioase of events, witnesses, experts, interpreters, or any other person against a judge or a Prosecutor;
  

j) repealed;
  

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Lit. j) of paragraph 1. (4) article. 283 has been repealed by article item 187. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

k) failure by the suspect or the accused has the obligation to încunoştinţa in writing in a period not exceeding 3 days, judiciary authorities about any change of dwelling during the criminal trial;
  

l) fulfilment by the witness of the obligation of the judicial organs, încunoştinţa no later than 5 days, about changing the housing during the criminal trial, according to art. 120 para. (2) (a). c);
  

m) non-fulfilment unreasonably by the criminal investigation of the provisions of the Prosecutor, within a time limit set by it;
  

n) abuse of law consisting of bad faith exercise of procedural rights of the parties and the procedural, legal representatives or legal advisers;
  

a failure to comply with the obligation referred to) art. 142 paragraph 2. (2) the obligation provided for in, or of art. 152 paragraph 1. (3) providers of electronic communications services for the public;
  

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Lit. paragraphs 1 to 5). (4) article. 283 amended by point 70 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

a ^ 1) failure to comply with the obligation laid down in article 21. 146 ^ 1 para. (7) by credit institutions or financial entities that perform financial transactions;
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Lit. a ^ 1) para. (4) article. 283 was introduced by the pct. of article 71. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

p) failure to comply with the obligation laid down in article 21. 147 paragraph 1. (5) by postal transport times units or any other physical or legal person who carries out the transport or transfer of information;
  

q) failure to comply with the obligation laid down in article 21. 153 paragraph 1. (3) by the service provider or the person in possession which are or which control the data specified in article 1. 153 paragraph 1. (1).
  

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Lit. q) of paragraph 2. (4) article. 283 amended by point 72 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(5) judicial Fines applied shall constitute revenue of the State budget, is distinct in the hugging-the budget of the Ministry of Public Administration and Interior Ministry, Justice Ministry, as appropriate, in accordance with the law.
  

(6) the application of the fine does not remove judicial penal responsibility, where the Act constitutes offence.
  


Article 284 concerning the Judicial Procedure to (1) the fine shall apply to the prosecution of the Ordinance, and of the rights and freedoms of the judge, the judge of the preliminary court room, through closing.
  

(2) any person may request the cancellation of the amended times reduction of the fine. The request for cancellation or reduction can be made within 10 days of the notification of completion of the fold Ordinance amendment.
  

(3) if the person fined justifies why he could not fulfill the obligation, the judge of rights and freedoms, the judge of the preliminary room or court may order the cancellation of the time reducing the fine.
  

(4) an application for annulment or reduction of the fine applied by Ordinance will be resolved by the judge of rights and freedoms, through closing.
  

(5) the application for annulment or reduction of the fine applied by closing will be resolved by another judge of rights and freedoms, that another judge of preliminary room whenever another completely through closing.
  

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Art. 284 amended item 189 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


The special part, title I, chapter I, the prosecution General provisions Article 285 subject to criminal prosecution (1) the taking of evidence is required concerning the existence of crime, to identify persons who have committed an offence and to establish the criminal liability of those risks in order to establish whether or not it should be sending.
  

(2) procedure in the course of prosecution is non-public.
  


Article 286 of the criminal investigation bodies and Acts (1) the Prosecutor has over procedural acts or measures and resolve the cause of the Ordinance, if the law does not stipulate otherwise.
  

(2) the order shall contain: the name and the public prosecutor's Office) date of issue;
  

b) name, surname and the quality of the drawn up;
  

c) deed subject to criminal prosecution, the legal classification and, where appropriate, data on the suspect or the accused person;
  

d) object of the Act or the procedural measure, if necessary, fold type solution, as well as the reasons of fact and law;
  

d ^ 1) where appropriate, an indication of the appeal available, with the brightness of the period within which it may be exercised;
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Lit. d ^ 1) para. (2) of article 9. 286 was inserted item 73 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

e) data relating to precautionary measures, measures of medical safety and precautionary measures taken in the course of prosecution;
  

f) other entries prescribed by law;
  

g) of signature compiled it.
  

(3) Repealed.
  

— — — — — — — — —-. (3) art. 286 was repealed by article item 190. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(4) criminal investigation Bodies are supplied by the Ordinance, and procedural measures and formulate proposals through the paper. The provisions of paragraphs 1 and 2. (2) shall apply accordingly.
  

— — — — — — — — —-. (4) article. 286 was altered item, article 191. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 287 Keeping criminal acts (1) where the law requires that a procedural act or measure must be accepted, approved or confirmed, a copy of the document remains at the Prosecutor.
  

(2) where the Prosecutor notifies the judge of rights and freedoms, the judge of the preliminary room or other authorities provided by law, in order to solve the proposals formulated during the times of requests prosecution, shall forward copies numbered and certified by the registry of the Prosecutor's dossier paperwork from those times only in connection with the application or proposal. Criminal investigation body shall keep the original documents, in order to further prosecution.
  


Chapter II referral to prosecuting organs section 1 General rules Article 288 modes of referral (1) prosecution is invoked through a complaint or denunciation, through acts of other organs of the finding provided by law or the matter ex officio.
  

(2) where, under the law, setting in motion the criminal action shall be made only upon the complaint of the injured person, prior to the appeal made by the person prescribed by law or with the authorization of the body required by law, criminal proceedings may not be brought into motion failing.
  

— — — — — — — — —-. (2) of article 9. 288 amended item 192 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) in the case of crimes committed by the military, it is necessary only to refer to the master in respect of the crimes referred to in article 1. 413-417 of the penal code.
  


Article 289 (1) Complaint the complaint is încunoştinţarea made by a person or entity, arising from an injury which was caused through crime.
  

(2) the complaint must include: name, surname, personal code, place of residence of the petitioner and the times, to legal persons, name, Head Office, sole registration code, fiscal identification code, the number of registration in the commercial register or registration in the register of legal entities and bank account, a statement of the legal representative of the times, a description of the offence forming the subject of the complaint, as well as an identification of the perpetrator and the means of proof If they are known.
  

— — — — — — — — —-. (2) of article 9. 289 was amended item 193 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) the complaint may be made personally or by an agent. The mandate must be specially, and procure remains attached to the complaint.
  

(4) if it is made in writing, the complaint must be signed by the person or representative.
  

(5) the complaint in electronic form matches only if the form is certified by signature, in accordance with the legal provisions.
  

(6) a complaint made orally shall be entered in a report drawn up by the body which it receives.
  

(7) the complaint may be made by one spouse to the other spouse or child to parents. The injured party may declare that its complaint. appropriates
  

(8) a person lacking in exercise capacity, the complaint is made by his legal representative. The person with ability of restricted exercise can make a complaint with the consent of the persons provided for in civil law. Where the perpetrator is the person legally representing the injured person acts or agree, referral to the prosecution bodies shall be made ex officio.
  

(9) the complaint wrongly directed the prosecution or the Court, shall be sent by administrative channels to the competent judiciary body,.
  

(10) where the complaint is made by a person who resides in the territory of Romania, Romanian citizen, alien or stateless person, and this is the matter before committing a crime on the territory of another Member State of the European Union, the judicial organ is obliged to receive and convey the complaint to a competent body of the country in whose territory the crime was committed. Rules relating to judicial cooperation in criminal matters shall apply accordingly.
  

(11) a person who does not speak or understand Romanian language may lodge a complaint in a language he understands. With the filing of the complaint it may require that, where it is cited, and to receive a translation of the summons.
  

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Paragraphs 1 and 2. (11) article. 289 was introduced by the pct. of article 74. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Article 290 (1) Foresees Foresees is încunoştinţarea made by a natural person or legal person about committing a crime.
  

(2) Foresees only may be made personally, article 4. 289 paragraph 4. (2), (4) to (6) and (8) to (10) shall apply accordingly.
  


Article 291 Complaints made by persons with leadership positions and others (1) any person with managerial authority within the public administration or other public authorities, public institutions or other legal persons governed by public law, and any person having powers of scrutiny, which, in the exercise of their duties, have become aware of committing a crime for which the criminal proceedings shall be in motion on its own initiative , are required to refer the matter without delay to the prosecution and to ensure that the traces of the criminal offence, offence and any other bodies of proof may not disappear.
  

(2) any person engaged in a service of public interest for which it has been vested by the public authorities or which is subject to their supervision control times on the performance of that service in the public interest, which in the exercise of his powers became aware of committing a crime for which the criminal proceedings shall be in motion on its own initiative, shall refer the matter without delay to the prosecution.
  

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Art. 291 amended item 194 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 292 to refer to ex officio prosecution ex officio if it notifies that it has committed an offence other than those specified in article 1. 289-291 and conclude a protocol in this regard.


Article 293 Finding blatant offence (1) Is flagrant offence revealed by the committal or immediately after committing.
  

(2) is also a flagrant offence and whose făptuitor immediately after committing, is chased by the organs of public order and national security, any person aggrieved, eye witnesses or cry publicly times presents traces which justify reasonable suspicion that she had committed the offence or is near the place they were surprised the offense with weapons, tools or any other kind of assumed it a participant in the crime.
  

(3) in the case of blatant offender, the organs of public order and national security shall draw up a report in which it shall record all issues and activities, and submit it as soon as the criminal prosecution body.
  

— — — — — — — — —-. (3) art. 293 amended item 195 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(4) Complaints and claims submitted in writing, as well as misdemeanor body objects and records high on the occasion of the establishment of the crime are put at the disposal of the prosecution.
  

— — — — — — — — —-. (4) article. 293 amended item 195 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


294 article examining the referral (1) upon receipt of the referral, the prosecution shall proceed with verification of its competence, and in the case referred to in article 1. 58 para. (3) the Prosecutor shall submit the case, together with the proposal for sending the referral to the competent organ.
  

— — — — — — — — —-. (1) of article 1. 294 amended item 196 art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) where a complaint or fails to fulfil the conditions of foresees the form prescribed times description of scene is unclear, incomplete times returned to administrative channels of the petitioner, indicating elements that are missing.
  

— — — — — — — — —-. (2) of article 9. 294 amended item 196 art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) when the appeal meets the conditions for admissibility laid down by law, but its the result of foreclosure cases to exercise criminal action provided for in art. 391. (1) criminal investigation bodies, shall submit to the Prosecutor acts, along with ranking proposal.
  

— — — — — — — — —-. (3) art. 294 amended item 196 art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(4) where the Prosecutor considers the proposal founded, has, by order, ranking.
  


Article 294 ^ 1 or other conditions prior Authorisation to carry out further prosecution against a person whenever authorization is sought or fulfilling other conditions prior to ordering the carrying out of the prosecution against a certain person, Prosecutor's Office, with referral to the competent institution, shall submit a report drawn up by the Prosecutor, which will include data and information on committing the acts provided for in criminal law by the person in respect of to constitute approval.
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Art. 294 ^ 1 has been changed from point 75 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Section 2 of the preliminary Complaint Complaint prior Article 295 (1) setting in motion the criminal action shall be made only upon the complaint of the injured person prior to, in the case of offences for which the law stipulates that it is necessary to such a complaint.
  

(2) the complaint shall be addressed to the prior criminal investigation organ or Prosecutor, according to the law.
  

(3) the provisions of article 4. 289 paragraph 4. (1) to (6) and (8) shall apply accordingly.
  


Article 296 term introduction of complaint (1) prior Complaint must be lodged within three months from the day on which the injured party has learned about perpetrating the deed.
  

(2) When any person is a minor or an incapable, the term of 3 months run from the date when his legal representative has learned about perpetrating the deed.
  

— — — — — — — — —-. (2) of article 9. 296 amended point 198 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) if the perpetrator is the legal representative of the persons referred to in paragraph 1. (2) the period of 3 months from the date of appointment flows from a new legal representative.
  

— — — — — — — — —-. (3) art. 296 amended point 198 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(4) the complaint shall be deemed wrong righted prior valid if it was brought within the judicial organ necompetent.
  

(5) prior to the Complaint wrong facing prosecution or the Court, shall be sent by administrative channels to the competent judiciary body,.
  


Article 297 of the Penal Obligations in prior complaint procedure (1) on receipt of the prior complaint criminal investigation body shall verify whether it meets the conditions of form and whether it has been filed within the period prescribed by law. If it finds that it is belated, criminal investigation organ shall submit the Prosecutor acts concluded along with ranking proposal.
  

(2) where in a case in which there have been criminal acts it finds necessary prior complaint criminal investigation body calls on any person, and one wonders whether he understands to make complaint. If so, the prosecution continues its investigation. Otherwise, submit the Prosecutor acts completed and ranking proposal.
  


Article 298 Procedure in case of flagrant crime (1) in the case of a flagrant offence, the criminal investigation is required to ascertain its perpetration, even in the absence of a prior complaint.
  

(2) after finding blatant crime, the prosecution calls the injured party and if it declares a prior complaint, prosecutions. Otherwise, the criminal investigation body shall submit to the Prosecutor acts completed and ranking proposal.
  

— — — — — — — — —-. (2) of article 9. 298 was altered item 199 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Chapter III management and oversight bodies of the criminal investigation by the District Attorney subject to surveillance Article 299 (1) the Prosecutor supervises the activity of criminal investigation bodies, such as any offense to be revealed and any person who has committed a crime should be held criminal responsibility.
  

(2) in addition, the Prosecutor shall supervise the activity of criminal investigation so that no suspect or defendant must not be detained except in the cases and under the conditions provided by law.
  


Article 300


Procedures for the exercise of supervision (1) Prosecutor, in pursuit of the abolition of the lead and supervise the work of criminal investigation bodies, to ensure that criminal acts are carried out in compliance with legal provisions.
  

(2) criminal investigation Bodies are obliged after referral to notify the public prosecutor about the activities carried out or to be carried out.
  

(3) in the exercise of the activity of conducting abolition of prosecution, the Prosecutor shall take appropriate action or give criminal investigation bodies and provisions that take these measures. The Attorney may assist in performing any act of criminal investigation or to perform personally.
  

(4) in exercising their supervisory activity abolition of penal investigation, the Prosecutor may request for examination any file from the criminal investigation, which is obliged to send it immediately, with all documents, materials and data on the Act forming the subject of the research. The Prosecutor may detain any cause for prosecution.
  


Reference to article 301 before the competent authority (1) When the Prosecutor determines that prosecution shall not be conducted by the criminal investigation prescribed by law, take measures as pursuing to be made by the competent body, acting under art. 63. (2) in the case referred to in paragraph 1. (1) the legal acts or procedural steps remain valid.
  

(3) where the Prosecutor determines that any of the circumstances specified in article 7. 43, marrying, and subsequently causes the cause of the competent organ.
  


Article 302 Passing case from a body of criminal investigation at (1) the Prosecutor may order, upon necessity, as in a case the prosecution is conducted by a body other than that referred to the research.
  

(2) acquisition of a case by a competent criminal investigation shall be ordered hierarchically superior prosecutor at the Prosecutor who exercises supervision of prosecution in that question, on the basis of a reasoned proposal of the criminal investigation that takes up the cause.
  


Article 303 Provisions given by the Prosecutor (1) the Prosecutor may order in respect of the carrying out of any criminal act by the criminal investigation police judicial or criminal investigation bodies, where appropriate, special.
  

(2) the provisions of the data in relation to the Prosecutor conducting the criminal investigation documents are mandatory and priority for the research, as well as for other bodies that have powers provided by law in the finding of infringements. Hierarchically superior bodies of the judicial police or criminal investigation of special organs can not give guidance or provisions relating to the criminal investigation.
  

(3) In the event of failure or of defective manner of fulfilment in the criminal investigation of the provisions given by the Prosecutor, it may refer the matter to the leader of the criminal investigation, which is required within 3 days of the notification to notify the Prosecutor measures provided, or may apply for judicial penalty of fine judicial irregularities. 283 paragraph 1. (1) (a). a) or, where appropriate, paragraph 1. (4) (a). m) or may request withdrawal of approval referred to in article 1. 55 paragraph 1. (4) and (5).
  


Article 304 Non-procedural laws or procedural (1) if the public prosecutor finds that an act or measure of the procedural criminal investigation is not in compliance with the provisions laid down by law or is not unfounded, a motivated, ex officio or upon the complaint of the person concerned.
  

(2) the provisions of paragraphs 1 and 2. (1) shall also apply in the case of the check carried out by the hierarchically superior prosecutor concerning the Prosecutor acts in a hierarchical structure.
  


Chapter IV prosecution section 1 of article 305 criminal prosecution commencement of criminal proceedings (1) where the notice of referral fulfils the conditions provided by law, the prosecution has the commencement of criminal proceedings regarding the deed committed times whose consummation is gearing up, even if the author is shown or known.
  

— — — — — — — — —-. (1) of article 1. 305 was modified by item 76 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(2) commencement of criminal prosecution and the prosecution is continuing to carry out at their Disposal Ordinance that includes, where appropriate, the particulars referred to in article 1. 286 paragraph 2. (2) (a). the-c)) and (g)).
  

— — — — — — — — —-. (2) of article 9. 305 was modified by item 76 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(3) when there is evidence indicating a reasonable suspicion that a certain person has committed the deed for which he was prosecuting and there is any of the cases referred to in article 1. 391. (1) the prosecution, provide that the prosecution should be carried out against it, which acquires the status of the suspect. The measure ordered by the criminal investigation body shall undergo, it within 3 days of confirmation of the prosecutor supervising the prosecution, criminal investigation body being forced to submit its dossier of the case.
  

— — — — — — — — —-. (3) art. 305 was modified by item 76 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(4) for applicants for which prosecution is subject to obtaining a prior authorization or fulfilling other prerequisites, prosecution can dispose only after getting authorization or after fulfillment of the condition.
  

— — — — — — — — —-. (4) article. 305 was introduced by the pct. 201 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 306 penal enforcement Obligations (1) in order to achieve the object of criminal prosecution, criminal investigation bodies are obliged, after referral, to shop and to gather data regarding the information times existence of crimes and identify persons who have committed offences, to take measures for the limitation of their consequences, to collect and manage the samples in compliance with the provisions of article. 100 and 101.
  

— — — — — — — — —-. (1) of article 1. 306 was amended by point 202 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) criminal investigation Bodies are required to perform research papers do not suffer from procrastination, even if relating to a cause for which you do not have the power to carry out the prosecution.
  

(3) after the commencement of prosecution, the criminal investigation organs shall collect and administer samples, both in favor and against the suspect times accused.
  

(4) criminal investigation body to pronounce, by reasoned order, pursuant to article. 100 para. (3) and (4), claims administration, within the limits of its competence.
  

(5) When the criminal investigation that is necessary to administer some evidence or use of special surveillance methods that can be approved or arranged, the prosecution phase, only the Prosecutor or, where appropriate, the judge of rights and freedoms, which formulates a reasoned proposal shall contain data and information which are compulsory in the context of that procedure. The report is sent to the Prosecutor together with the file of the case.
  

— — — — — — — — —-. (5) article. 306 was amended by point 202 of the art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(6) Banking Secrecy and professional secrecy, except in the case of the lawyer, Prosecutor, shall not apply after the commencement of prosecution.
  

— — — — — — — — —-. (6) article. 306 was introduced by the pct, article 203. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(7) the prosecution is obliged to collect the evidence necessary to identify the goods and values that are subject to confiscation and seizure, according to the criminal code.
  

— — — — — — — — —-. (7) article. 306 was introduced by the pct, article 203. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 307 Bringing to their attention the quality of suspicious person who has acquired the status of the suspect shall be informed, prior to his first hearing, this quality, the deed for which he is suspected, the legal classification of the procedural rights provided for in art. 83, ending in this sense a report.


Article 308 anticipated hearing Procedure (1) where there is a risk that the injured party, the civil party responsible civilmente or a witness can no longer be heard in the course of the judgment, the Prosecutor may submit to the judge of rights and freedoms with a view to an early hearing.
  

(2) the judge of rights and freedoms, if it considers the request to be justified, immediately establishes the date and place of the hearing, the Parties shall dispunându-citing and the trial subjects. When the hearing takes place at the seat of the Court, it is held in the Council Chamber.
  

(3) the participation of the Prosecutor is compulsory.

  

(4) the provisions of paragraphs 1 and 2. (1) to (3) shall apply accordingly with regard to the hearing of the minor witness or civil party, as well as with respect to the hearing of the person injured if, in relation to their person or the nature of the case, the Prosecutor considers that to avoid hearing repeated throughout the process is in their interest.
  

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Art. 308 was modified by item 77 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Setting in motion article 309 of the penal action (1) the criminal proceedings are put in motion by the Prosecutor, by Ordinance, in the course of the prosecution, when it finds that there is evidence which shows that a person has committed a crime and there is any of the foreclosure cases. 391. (1).
  

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Alin. (1) of article 1. 309 was amended by paragraph 4 of art. III of the EMERGENCY ORDINANCE nr. 3 of 5 February 1970, published in MONITORUL OFICIAL nr. 98 of 7 February 2014.

(2) setting in motion the criminal action shall be communicated to the defendant by the prosecution called for him to hear. The provisions of article 108 is applied properly, ending in this sense a report.
  

(3) on application, the defendant shall be issued a copy of the order by which the measure has been ordered.
  

(4) when considered necessary, the Prosecutor may proceed to the hearing of the accused and the communication referred to in paragraph 1. (2) and (5) the prosecution continues tracking and without question on the defendant when it is missing, or wrongly fails or is missing.
  


Article 310 provisions concerning measures against făptuitor (1) in the case of flagrant crime, everyone has the right to arrest făptuitor.
  

(2) If the perpetrator was caught under the conditions of paragraph 1. (1) the person whom he detained must surrender immediately, along with related bodies, as well as with objects and records, criminal investigation bodies, which shall draw up a report.
  


Article 311 extension of criminal prosecution or changing the legal classification (1) where, after the commencement of prosecution, the prosecution finds new facts, facts about the involvement of other people or circumstances that can lead to changing the legal classification of the offence, order the extension of the criminal legal framework of changing times.
  

— — — — — — — — —-. (1) of article 1. 311 has been modified by item 206 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) where a prosecution is carried out against a person, ordered by the expansion of criminal investigation is subject to the confirmation of the Attorney who oversees motivated prosecution, not later than 3 days from the date of issue of the Ordinance, the criminal investigation being required to submit also the dossier of the case.
  

— — — — — — — — —-. (2) of article 9. 311 has been modified by item 78 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(3) the judicial Body that has ordered the extension of criminal prosecution or changing the legal classification is required to notify the suspect about the new facts in respect of which extension has been ordered.
  

(4) where the extension of the prosecution was ordered with respect to more than one person, the prosecution is required to proceed towards these persons under art. 307. (5) referred to the Prosecutor by the research into enlargement of the prosecution or on its own initiative concerning the assumptions referred to in paragraph 1. (1) criminal action may provide extension with respect to new issues.
  


Section 2 of the suspension of criminal prosecution in cases of suspension of article 312 (1) where it is found by a forensic investigation that the suspect or the defendant is suffering from a serious illness which prevents him from taking part in criminal proceedings, the criminal investigation body shall submit its proposals to the Prosecutor together with the dossier, to suspend the criminal proceedings.
  

(2) suspension of criminal prosecution shall be ordered and where there is a legal impediment for setting in motion the criminal action against a person.
  

(3) suspension of criminal prosecution and is available during the mediation proceedings, according to the law.
  


Article 313 Pregnancy body during suspension (1) After the suspension of criminal prosecution, the Prosecutor handed back the folder cause criminal investigation organ may order its takeover times.
  

(2) Order the suspension of criminal prosecution shall be communicated to the parties and to the trial subjects.
  

(3) while tracking is suspended, criminal investigation bodies, continue to carry out all the acts whose fulfilment is not hampered by the situation of the suspect or the accused, with respect for the rights of defence of the parties or to the trial subjects. The resumption of the criminal acts carried out during the suspension can be adjusted, if possible, at the request of the suspect or the accused.
  

(4) criminal investigation body shall periodically, but not later than 3 months from the date of the suspension arrangement, if it appears that the cause that prompted the suspension of the prosecution.
  


Section 3 of the Ranking and renouncing prosecution Article 314 Solutions to judgment and delivered the judgment (1) after examining the referral, it finds that the necessary samples were collected according to the provisions of article 3. 285, the Prosecutor, upon the proposal of the prosecution or on its own initiative, decide the cause Ordinance, featuring: a) ranking, when not under criminal proceedings or, as the case may be, criminal proceedings, exercised off whereas there is one of the cases referred to in article 1. 391. (1);
  

b) waiving prosecution, when there is no public interest to continue the prosecution.
  

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Lit. b) of paragraph 2. (1) of article 1. 314 amended 79 of subpoints of article. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(2) the Prosecutor shall maintain a single Ordinance even though the dossier relating to works more facts or more suspects or defendants and even if you give them different resolutions in accordance with para. (1) article 315 (1) Rank Rank ordering when: a) cannot prosecute, since no substantive conditions are met and essential form of referral;
  

b) there is one of the cases referred to in article 1. 391. (1).
  

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Alin. (1) of article 1. 315 was changed from point of article 207. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) the order of the ranking includes the particulars referred to in article 1. 286 paragraph 2. (2) as well as provisions relating to: (a) raising or maintaining measures) insurers; such measures shall be terminated by operation of law if the person aggrieved do not enter action in civil court, within 30 days of the communication of the solution;
  

b) refund of the goods seized or of caution;
  

c) referral judge preliminary proposal of room making the measure of special confiscation;
  

d) judge for preliminary referral to the room with the proposal of abolishing all or part of an inscribed;
  

e) referral judge room making preliminary proposal or, as applicable, confirmation, replacement or termination of the safety measures provided for in article 4. 109 or 110 of the penal code, the provisions of art. 246 para. (13) by applying it properly;
  

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Lit. s) para. (2) of article 9. 315 was amended by article item 80. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

f) costs.
  

— — — — — — — — —-. (2) of article 9. 315 was changed from point of article 207. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) If in the course of criminal proceedings has been one of the safety measures provided by law, it will make mention of it.
  

(4) The Ordinance shall make mention of the cessation of the preventive measure in question.
  

(5) a reference to the reasons of fact and law is mandatory only if the Prosecutor does not endorses the arguments contained in the proposal of the criminal investigation or whether there was a suspect in the matter.
  

— — — — — — — — —-. (5) article. 315 was changed from point of article 81. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Article 316 Reminder about ranking (1) of the Ordinance shall be made in the file copy to the person who made the referral, the suspect, the accused or, where appropriate, to other interested persons. If the order does not include the grounds of fact and law, shall be made and a copy of the criminal investigation body paragraphs.
  

— — — — — — — — —-. (1) of article 1. 316 was modified by item 209 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


(2) if the defendant is detained preventively, the Prosecutor shall notify the place of administration through an ownership with respect to the termination of the pre-trial detention measure, for the implementation without delay of the defendant.
  


Article 317 of the dossier Refund criminal investigation the prosecutor referred to the proposal by the rank of criminal investigation body shall, when it finds that the legal conditions are not fulfilled, the ranking or when requesting disjunge has partially cause according to art. 46, repay the dossier of the criminal investigation.


Article 318 waiving prosecution (1) in the case of offences for which the law stipulates a fine or jail penalty of not more than 7 years, the Prosecutor may waive prosecution when it finds that there is a public interest in prosecuting the offence.
  

(2) the public interest should be analysed in relation to: (a) the contents and circumstances of the offence) of committing the offence;
  

b) mode and means of committing the offence;
  

c) purpose;
  

d) follow-up products or which could occur through committing the offence;
  

e) prosecution organs efforts required for the criminal process by reference to the gravity of the offence and the time elapsed from the date on which it was committed;
  

f the person's attitude) to the injured party;
  

(g) the existence of an obvious unbalance) between the costs it would incur criminal process and the seriousness of the consequences or products could have produced by committing the offence.
  

(3) where the perpetrator is known, to the appreciation of the public interest are taken into account and the person arrested or accused of the offence the conduct referred to above, the attitude of the suspect or the accused after committing the offence and efforts for the removal or mitigation of the consequences of the offence.
  

(4) when the perpetrator is not identified, it may order waiving prosecution solely by reference to the criteria laid down in paragraph 1. (2) (a). a), b), e) and (g)).
  

(5) you can't opt out features prosecution for crimes that had as a result of the victim's death.
  

(6) the Prosecutor may order, after consultation with the suspect or accused, as it meets one or more of the following obligations: a) to eliminate the consequences of criminal acts, or to mend the damage produced or to agree with the civil one way of repairing it;
  

b) to ask for public apology to the injured person;
  

c) to provide a community service, for a period of between 30 and 60 days, apart from the case in which, because of their health, the person cannot perform this work;
  

d) to attend a counseling program.
  

(7) where the Prosecutor or the convicted person as a suspect has to fulfil the obligations laid down in paragraph 1. (6) fixed by Ordinance the time by which they are to be met, which may not be longer than six months or nine months for obligations assumed through the mediation agreement concluded with the civil side and flowing communication Ordinance.
  

(8) the order of waiver of prosecution includes, where appropriate, the particulars referred to in article 1. 286 paragraph 2. (2) as well as provisions concerning the measures provided under paragraph 1. (6) of this article and article. 315 paragraph 3. (2) to (4), the time by which you have met the obligations laid down in paragraph 1. (6) of this article and the sanction to the Prosecutor, nedepunerii evidence and judicial expenses.
  

(9) in the case of failure to comply with the bad faith of obligations within the time limit referred to in paragraph 1. (7) the Attorney shall revoke the Ordinance. The burden of proving the fulfilment of the obligations or reasons for failure to comply with them is the responsibility of the accused suspect times.
  

(10) Order which ordered the abandonment of the prosecution is to be checked in terms of legality and in the determination of the Prime Prosecution Attorney or, where appropriate, the prosecutor general's Office of the Court of appeal, and when it was made out of it, checking is done by the hierarchically superior prosecutor. When it was drawn up by a Prosecutor from the public prosecutor's Office attached to the High Court of Cassation and justice, order is verified by the Chief Prosecutor of the Department, and when it was made out of it, the verification shall be done by the Attorney general.
  

(11) the provisions of paragraphs 1 and 2. (10) shall apply correspondingly when the hierarchy functions in a structure of parquet e established by law.
  

(12) in Order that ordered the abandonment of the prosecution, verified pursuant to paragraph 1. (10), shall be made in one copy, where appropriate, the person who made the referral, the parties, the injured person, the suspect and other persons concerned and shall be sent, to confirm, within 10 days from the date on which it was issued, the judge at the preliminary court room to which it would return, according to the law, jurisdiction to jurisdiction at first instance.
  

(13) the judge of the preliminary room time limit to settle with the attendance of persons covered by paragraph 1. (12) and (14) the judge of the preliminary room decides through reasoned conclusion, in the Council, with the attendance of persons referred to in paragraph 1. (12) and with the participation of the Prosecutor, of the legality of the waiver and hearing solution from prosecution. Non-persons lawful quotations does not prevent the resolution of the request for confirmation.
  

(15) the judge of preliminary checks room the lawfulness and grounds of the solution of waiver of prosecution on the basis of material from the prosecution and the records we presented and, through closing, admits or rejects an application for confirmation of a Prosecutor. Where shall reject the application, the judge of the preliminary room: to abolish the opt-out solution) to prosecution and send the case to the Prosecutor to commence prosecution or fill times, as appropriate, in order to trigger criminal action and to complete criminal proceedings;
  

b) dissolve the solution of waiver of prosecution and requesting features.
  

(16) the conclusion whereby it was pronounced one of the solutions provided for in paragraph 1. (15) it is final. Where the judge rejected the request for confirmation of the solution of waiver of prosecution, a new waiver may no longer be willing, for whatever reason.
  

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Art. 318 was modified by item 82 of article. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *); V of the EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 from May 23, 2016, the solutions of waiver of prosecution, ordered by prosecutors until the publication of the decision of the Constitutional Court No. 23/2016 in the Official Gazette of Romania, part I, no. 240 of 31 March 2016, are and shall remain valid and should be subject to appeal, the terms and conditions governing the exercise thereof, provided for in the code of criminal procedure at the time of disposition solutions.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 319 Continuing criminal investigation at the request of the suspect or the accused (1) in the case of a file as a result of the finding that there was prescription, Amnesty, withdrawal of complaint or prior existence of a case of nepedepsire, the suspect or the accused may request, within 20 days of receipt of the copy of the resolution of the Ordinance's case, the continuation of the prosecution.
  

— — — — — — — — —-. (1) of article 1. 319 was modified by item 83 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(2) If, after the introduction of the legal demand is found another case of not delivered in court than those referred to in paragraph 1. (1) the Prosecutor shall order the closing of the relation to it.
  

(3) unless it finds the situation mentioned in paragraph 1. (2) to be delivered in the first solution.
  


Article 320 of the Attorney referral Mode to resolve the case of criminal investigation Body finds any of incidence cases determining the closing of or waiving prosecution sends the file to a Prosecutor with the appropriate proposal.


Section 4 Termination of criminal prosecution Article 321 Submission dossier on the defendant (1) as soon as the prosecution is completed, the research shall forward the dossier to the Prosecutor, accompanied by a paper.
  

(2) the report shall include the particulars mentioned in article 1. 286 paragraph 2. (4) as well as additional data about the sample material means and measures taken with regard to them in the course of research, as well as the place where they are located.
  

— — — — — — — — —-. (2) of article 9. 321 was modified by item of article 211. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


(3) When the prosecution look more facts or more defendants, the report must include the particulars referred to in paragraph 1. (2) with regard to all the facts and all of the defendants and, if applicable, must be made for offenders who proposed facts times ranking or quitting.
  


Article 322 of the work of Checking prosecution (1) not later than 15 days following the receipt of the dossier sent by the criminal investigation according to art. 320 and art. 321 paragraph 3. (1) the Prosecutor shall carry out the verification of the work of the prosecution and to pronounce them.
  

(2) they are Solving the causes of arrest is made and in particular.
  


Article 323 a refund or send the case back to another organ of the prosecution (1) if the public prosecutor finds that criminal prosecution is not complete or that has not been carried out in compliance with legal provisions, be returned to the body that cause has conducted criminal proceedings completion or prosecution or recovery due to another body of criminal investigation according to the provisions of article 3. 302. (2) when filling or redoing the prosecution is only required on some facts or some defendants, and it is not possible, disjoin the Prosecutor or reimbursement of the entire body of the causes criminal investigation.
  

(3) Ordinance for repayment or reference includes, in addition to the particulars referred to in article 1. 286 paragraph 2. (2) indication of criminal acts to be carried out, to recast times facts or circumstances to be established and the evidence to be administered.
  


Section 5 provisions relating to prosecution by the Prosecutor in article 324 prosecution by the Prosecutor (1) criminal proceedings shall be carried out compulsorily by the Prosecutor in cases stipulated by law.
  

(2) the Prosecutor may order the take-over of any cause in exercising supervision, regardless of its stage, to carry out the prosecution.
  

(3) where the prosecutor conducts criminal proceedings, may delegate, by Ordinance, criminal investigation bodies carrying out criminal acts.
  

(4) the setting in motion of the criminal action, decision or proposal of restrictive measures of rights and freedoms, the consent of the evidence or other disposition times acts of procedural measures can not form the object of transfer under paragraph 1. 3. Article 325 Takeover from other causes of parquet (1) Prosecutors within the hierarchically superior prosecutor can take over the prosecution, supervision or causes the competence of prosecutors, superior by the hierarchically superior prosecutor's driver.
  

(2) the provisions of paragraphs 1 and 2. (1) shall apply correspondingly if the law provides another hierarchical subordination.
  


Article 326 Sending the case back to another flooring when there is a reasonable suspicion that criminal activity is affected because of the circumstances of the case or the quality of the parties or of the trial subjects there is a danger of the main times of disorder, the Attorney general's Office of the High Court of Cassation and justice shall, at the request of the parties, the subject of the proceeding or on its own initiative Maybe send due to an equal degree, flooring articles 73 and 74 being applicable as appropriate.
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Art. 326 was modified by item of article 212. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Chapter V Resolving causes and Resolving the appeal court Article 327 causes when it finds that they were complied with laws guaranteeing truth, finding that the prosecution is complete and there is the necessary evidence and legal, Attorney: it) issues indictment through available to prosecute, if sending from prosecution material shows that there is a deed that was committed by the accused and that it criminally;
  

b) issue which ranks or by Ordinance waive prosecution, according to legal provisions.
  


Table of contents article 328 (1) Rechizitoriul the indictment is limited to the deed and the person to whom it was conducted the prosecution and includes entries properly. 286 paragraph 2. (2) data regarding the defendant's burden in the deed and legal classification of the samples and evidence, judicial expenses, the particulars referred to in article 1. 330 and 331, available for reference, as well as other entries required for the settlement of the case. Rechizitoriul is checked in terms of legality and in the determination of the Prime Prosecution Attorney or, where appropriate, the prosecutor general's Office of the Court of appeal, and when it was made, the check is done by the hierarchically superior prosecutor. When it was prepared by a Prosecutor from the public prosecutor's Office attached to the High Court of Cassation and justice, rechizitoriul is checked by the Chief Prosecutor of the Department, and when it was made, shall be made by the Attorney general. In cases with arrest, verification is done and before the expiry of the duration of pre-trial detention.
  

— — — — — — — — —-. (1) of article 1. 328 was modified by item of article 213. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) The indictment shall show the name and surname of the people to be cited in court, with an indication of their quality in the process, and the place where they are to be cited.
  

(3) the Prosecutor prepares one indictment even if prosecution relating to works more facts or more suspects and indictees, and even if you give them different resolutions under art. 327. Article 329 of the Act instituting proceedings (1) Rechizitoriul constitutes the Act of bringing cases to court.
  

(2) Rechizitoriul accompanied by the dossier of the case and the number of copies required by the indictment, the defendants to be communicated, shall be sent to the court competent to judge the case.
  

(3) where the defendant does not know the Romanian language, action will be taken for the translation of the indictment, which will be attached to the acts referred to in paragraph 1. (2) when there are no translators, translation of the indictment is made by a person who can communicate with the defendant.
  

(4) the defendant, Romanian citizen belonging to a national minority, may be required to be communicated to a translation of the indictment in the mother tongue.
  


The provisions of article 330 regarding preventive measures or insurers When the Prosecutor has sent the defendant, rechizitoriul may also include making proposal, maintenance, revocation or replacement of a preventive measure or a precautionary measures.


Provisions relating to article 331 security measures if it considers that it is necessary to face the culprit a safety measures, medical Attorney, by indictment, proposes that measures to be taken.


Chapter VI the resumption of prosecution cases of Article 332 of the criminal prosecution (1) is to be found in the case of termination for cause) suspension;
  

b) restitution of the case by the judge of the preliminary room;
  

c) reopen prosecution.
  

(2) the resumption of prosecution cannot take place if there was a cause which prevents the setting in motion of the criminal action or the continuation of the criminal process.
  


Article 333 resumption of criminal prosecution after suspend Resume after suspension occurs when a Prosecutor is established whenever the criminal investigation body, where appropriate, that he has stopped the cause giving rise to the suspension. Criminal investigation body finds that ceased because of suspension shall forward the dossier to the Prosecutor upon the resumption.


Article 334 resumption of prosecution in case of refund (1) prosecution is resumed when the judge ordered restitution of preliminary room case prosecutions pursuant to art. 346 paragraph 1. (3) (a). b). (2) where judgment is based on the provisions of art. 346 paragraph 1. (3) (a). the ordering), the resumption by the leader of the hierarchically superior prosecutor Prosecutor times prescribed by law, only when it is satisfied that to remedy the irregularity is necessary to carry out criminal acts. By order of the prosecution will be noted and the acts to be performed.
  

— — — — — — — — —-. (2) of article 9. 334 was modified by item 214 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) in the cases referred to in paragraph 1, for refund. (1) and (2) the Prosecutor shall carry out prosecutions where appropriate times sends the case to the body of research, featuring Ordinance of criminal acts to be carried out.
  


Article 335 Resumption in the event of reopening of criminal proceedings


(1) If the Prosecutor hierarchically superior to the one who finds the solution, ruled subsequently that there was very little that is found not to be classified, and the reopening of the Ordinance the prosecution. The provisions of article 317 shall apply accordingly.
  

(2) where the facts or circumstances have arisen from that circumstance has gone on which it is found, then the Prosecutor shall revoke the Ordinance and the reopening of the criminal proceedings.
  

— — — — — — — — —-. (2) of article 9. 335 has been modified by the point of article 215. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) where it finds that the suspect or the defendant has not met with bad-faith obligations established under art. 318 para. (6) the Attorney shall revoke the order and the reopening of the criminal proceedings.
  

— — — — — — — — —-. (3) art. 335 has been amended item 84 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(4) the reopening of criminal proceedings is subject to confirmation of the judge's room, within a maximum period of 3 days, on pain of nullity. The judge of the preliminary room decides through reasoned conclusion, in the living room with the suspect, citing the Council or, where appropriate, with the participation of the defendant and the Prosecutor, the determination of the legality of the Ordinance and which has ordered the reopening of the criminal proceedings. Non-persons lawful quotations does not prevent the resolution of the request for confirmation.
  

— — — — — — — — —-. (4) article. 335 has been amended item 84 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.
(4 ^ 1) Judge addressing preliminary room confirmation request, verifies the lawfulness and grounds of the Ordinance which has ordered the reopening of the criminal proceedings on the basis of material from the prosecution and any documents we presented. The conclusion of the judge's preliminary final room.
— — — — — — — — —-. (4 ^ 1), art. 335 was introduced by the pct. of article 85. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(5) where it was willing, then reopening the prosecution takes place and where the judge has upheld the complaint room against a preliminary solution and sent the case to the Prosecutor's completion of its prosecution. The judge's preliminary room provisions are obligatory for prosecution.
  

— — — — — — — — —-. (5) article. 335 has been modified by the point of article 86. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(6) If the Prosecutor hierarchically superior to the one who ordered the solution denies solution delivered in court and prosecution, before reopening communication Ordinance which comprise this solution, the reopening of the criminal proceedings is not subject to confirmation of the judge's preliminary room.
  

— — — — — — — — —-. (6) article. 335 was introduced by item 87 of art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Chapter VII Complaint against criminal acts and Article 336 right to make complaint (1) any person may make a complaint against measures and criminal acts, whether they were brought harm his legitimate interests.
  

(2) the complaint shall be addressed to the Prosecutor who oversees the work of criminal investigation and shall be filed either directly at it or at the criminal investigation body.
  

(3) the introduction of the complaint shall not suspend the implementation of the measure or the Act forming the subject of the complaint.
  


Article 337 obligation submission of complaint When the complaint was lodged with the criminal investigation body, it is bound that within 48 hours of receiving them to submit to the Prosecutor together with his explanations, when they are needed.


Article 338 resolution Deadline Prosecutor is obliged to settle the complaint within 20 days of receipt and shall immediately notify the person who made the complaint, a copy of the Ordinance.


Article 339 Complaint against Prosecutor (1) Complaint against measures taken or acts done by the Prosecutor of the time performed on the basis of the provisions of the data it is resolved, where appropriate, the Prosecutor Prosecutor's Prime, the prosecutor general's Office of the Court of appeal, the Prosecutor's Office of the Chief of section of the High Court of Cassation and justice.
  

— — — — — — — — —-. (1) of article 1. 339 was changed from point 88 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(2) where the measures and provisions are prime, Prosecutor of the prosecutor general's Office of the Court of appeal, the Prosecutor's Office of the Chief of section of the High Court of Cassation and justice, times have been or will be carried out on the basis of these provisions, the complaint is resolved by the hierarchically superior prosecutor.
  

— — — — — — — — —-. (2) of article 9. 339 was changed from point 88 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(3) the provisions of paragraphs 1 and 2. (1) and (2) apply properly when the hierarchy functions in a structure of parquet e established by law.
  

(4) in the case of solutions, the complaint shall be made within 20 days of the communication of the copy of the document which has the solution.
  

— — — — — — — — —-. (4) article. 339 was changed from point 88 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(5) the Ordinances by which it resolves complaints against acts or measures solutions can no longer be appealed to the hierarchically superior prosecutor and shall be communicated to the person who made the complaint and the other interested parties.
  

(6) the provisions of article 4. 336-338 applies correspondingly if the law otherwise.
  


Article 340 Complaint against solutions delivered judgment or trial (1) any person whose claim against the solution of rank, ordered by order or indictment, has been rejected in accordance with art. 339 may make the complaint within 20 days of notification from the judge at the preliminary court room to which it would return, according to the law, jurisdiction to jurisdiction at first instance.
  

— — — — — — — — —-. (1) of article 1. 340 was amended item 89 art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(2) If the complaint has not been resolved within the time limit provided for in art. 338, right to make complaint can be exercised at any time after the expiry of twenty days had settled the complaint, but no later than 20 days from the date of communication of the problem-solving mode.
  

(3) the complaint must include: name, surname, personal identity number, code quality and domicile of the petitioner for legal times, person, name, Head Office, the legal representative of the time, the date of the Ordinance or under attack, the indictment file number and the name of the public prosecutor's Office, giving reasons of the complaint.
  

— — — — — — — — —-. (3) art. 340 was introduced by item 90 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(4) the provisions of article 4. 289 paragraph 4. (3) to (5) shall apply accordingly.
  

— — — — — — — — —-. (4) article. 340 was introduced by item 90 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(5) In the event that does not include the date of the Ordinance or the indictment has damaged, the file number and the name of the Prosecutor, the complaint is returned to the administrative channels, in which case filling in the complaint may be made not later than 20 days after the date of the refund.
  

— — — — — — — — —-. (5) article. 340 was introduced by item 90 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Article 341 of the complaint Resolution by the judge of the preliminary room (1) after the registration of the complaint to the competent court, it shall be sent on the same day the judge of preliminary room. The complaint wrong righted is sent by administrative channels to the competent judicial organ.
  

(2) the judge shall determine the term of preliminary room to settle and dispose of petitioner and respondents citing and încunoştinţarea, noting that the Prosecutor may submit written notes regarding the admissibility of the complaint merits times. If the question was put in motion criminal proceedings the applicant and intimaţii requests and may raise exceptions, and regarding the legality of evidence or administration to carry out the prosecution.
  

— — — — — — — — —-. (2) of article 9. 341 was modified by item 91 art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


(3) the Prosecutor, within a maximum period of 3 days after the receipt of the communication referred to in paragraph 1. (2) the judge shall forward the dossier of the case preliminary room.
  

(4) where a complaint has been lodged with the Prosecutor, it shall submit, along with the file of the case, the competent court.
  

(5) the complaint shall decide the Council Chamber, with the participation of the Prosecutor, by a reasoned conclusion, delivered in the Council Chamber. Failure of the persons cited under paragraph 1. (2) does not prevent the resolution of the complaint.
  

— — — — — — — — —-. (5) article. 341 was modified by item 91 art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.
(5 ^ 1) The judge of the preliminary room addressing the complaint, shall check the solution attacked on the basis of material from the prosecution and any documents we presented.
— — — — — — — — —-. (5 ^ 1), art. 341 was introduced by article 92 point. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(6) in cases where it has not been willing to setting in motion the criminal action, the judge may order preliminary room one of the following: to reject the complaint as) belated or inadmissible or, as the case may be, as unfounded;
  

b) abolishes the complaint, admits the solution attacked and send the case to the Prosecutor motivated to start or to complement the prosecution where appropriate times to put in motion criminal proceedings and to complete criminal proceedings;
  

c) admits a complaint and changing basis of ranking solution appealed, if by doing so it creates a difficult situation for the person who made the complaint.)
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) by decision of the CONSTITUTIONAL COURT No. 733 of 29 October 2015, published in MONITORUL OFICIAL nr. 59 of 27 January 2016, it was found the provisions of article 15. 341 para. (6) (a). (c)) and by extension, of art. 341 para. (7) point 2(a). d) of the code of criminal procedure, by preventing access to justice in case of waiver of prosecution.

According to art. 147 paragraph 1. (1) of the Constitution of ROMANIA republished in Official Gazette No. 767 from 31 October 2003 the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.

In conclusion, in the range January 27, 2016-12 March 2016, the provisions cited above, by preventing access to justice in case of waiver of prosecution, have been suspended by operation of law, having ceased legal effect on 13 March 2016, since the legislature did not intervene for modification.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (7) in cases in which he ordered the setting in motion of the criminal action, the judge for preliminary room: 1. dismisses the complaint as belated or inadmissible;
2. check the legality of administration and conducting criminal proceedings, exclude wrongful evidence administered times after the event, sanctioned under art. 280-282 criminal acts performed in violation of the law and to reject the complaint: that unfounded);
  

b) abolishes the complaint, admits the solution attacked and send the case to the Prosecutor motivated to complete criminal proceedings;
  

c) abolishes the complaint admissible solution and the start of the judgment under appeal as regards the facts and for which, in the course of the research, was put in motion criminal proceedings, when legally sufficient evidence, are managed folder towards random allocation;
  

d) admitting the complaint and changing basis of ranking solution appealed, if by doing so it creates a difficult situation for the person who made the complaint.)
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) by decision of the CONSTITUTIONAL COURT No. 733 of 29 October 2015, published in MONITORUL OFICIAL nr. 59 of 27 January 2016, it was found the provisions of article 15. 341 para. (6) (a). (c)) and by extension, of art. 341 para. (7) point 2(a). d) of the code of criminal procedure, by preventing access to justice in case of waiver of prosecution.

According to art. 147 paragraph 1. (1) of the Constitution of ROMANIA republished in Official Gazette No. 767 from 31 October 2003 the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.

In conclusion, in the range January 27, 2016-12 March 2016, the provisions cited above, by preventing access to justice in case of waiver of prosecution, have been suspended by operation of law, having ceased legal effect on 13 March 2016, since the legislature did not intervene for modification.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (2 ^ 1) where, subsequent to the referral to judge preliminary room hierarchically superior prosecutor admitting the complaint and rule out the solution attacked, the complaint will be dismissed as remaining without object. Advanced State judicial expenses remain in its task.
— — — — — — — — —-. (7 ^ 1), art. 341 was introduced by the pct. of article 93 The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(8) the conclusion whereby it was pronounced one of the solutions provided for in paragraph 1. (6), para. (7) section 1, subparagraph (c) of paragraph 2. a), b) and d) and paragraphs 1 and 2. (7 ^ 1) is final.
  

— — — — — — — — —-. (8) article. 341 was modified by item 94 of article. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(9) in the case referred to in paragraph 1. (7) point 2(a). c), within 3 days from the communication of the conclusion of the Prosecutor, the applicant and intimaţii can do, motivated opposition on how to resolve the exceptions relating to the legality of the administration of evidence and to carry out the prosecution. The appeal without leave is inadmissible.
  

— — — — — — — — —-. (9) article. 341 was modified by item 94 of article. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(10) the appeal shall be submitted to the judge who has settled the complaint and shall be submitted to the judge at the preliminary court room superior times, when the Court with complaint is the High Court of Cassation and justice, competent according to the Law Commission, which settles in the Council room, with respondents citing the claimant and with the participation of the Prosecutor, through a reasoned conclusion , pronounced in the Council, thus has one of the following: a) late appeal rejects as inadmissible or, as the case may be, as unfounded, and maintain the disposition effect of judgment;
  

b) admits the opposition, dissolved and rejudecă complaint pursuant to paragraph 1. (7) paragraph 2, if the exceptions regarding the legality of evidence or administration of carrying out criminal prosecution were wrong settled.
  

— — — — — — — — —-. (10) of article 1. 341 was modified by item 94 of article. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(11) the samples that have been excluded may not be taken into account in judging the merits of the case.
  

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Art. 341 was altered art item 218. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Title II preliminary Chamber Article 342 preliminary proceeding in camera proceeding preliminary Chamber is checking, after sending in judgment, competence and legality of referral to the Court, as well as checking the legality of administration and performance of acts by the prosecution.
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Art. 342 was modified by item 219 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 343 duration in the Duration of proceedings in the Chamber the Chamber's preliminary heat is not more than 60 days from the date of registration of the case to the Court.
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Art. 343 was modified by item, article 220. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 344 Measures leading up to (1) after the date of referral to the Court by indictment, the dossier shall be distributed randomly judge preliminary room.
  


(2) a certified Copy of the indictment and, where applicable, the translation thereof shall be communicated to the accused at the place of retention times, where appropriate, the address where he lives or at the address of the requested documents. The defendant, the injured person and the other parties be allowed to bring to their attention the subject of proceedings in the Chamber, the right to engage a defender and time period, from the date of the communication, may in writing requests for exceptions with regard to the legality of the referral to the Court, the legality of the Administration and performance of acts by the prosecution. The term is determined by the judge of the preliminary room, depending on the complexity and the particularities of the case, but may not be less than 20 days.
  

— — — — — — — — —-. (2) of article 9. 344 was modified by point 9 of article. in accordance with law No. 75 of 28 April 2016, published in MONITORUL OFICIAL nr. 334 of 29 April 2016, which amended article 1. From the EMERGENCY ORDINANCE nr. 82 of 10 December 2014, published in MONITORUL OFICIAL nr. 911 from 15 December 2014.

(3) in the cases referred to in article 1. 90, the judge of the preliminary room ensure the appointment of a defender of its own motion and shall, depending on the complexity and the particularities of the case, the period in which it may formulate in writing requests for exceptions with regard to the legality of the referral to the Court, the legality of the Administration and performance of acts by the prosecution, which may not be less than 20 days.
  

— — — — — — — — —-. (3) art. 344 was modified by point 9 of article. in accordance with law No. 75 of 28 April 2016, published in MONITORUL OFICIAL nr. 334 of 29 April 2016, which amended article 1. From the EMERGENCY ORDINANCE nr. 82 of 10 December 2014, published in MONITORUL OFICIAL nr. 911 from 15 December 2014.

(4) upon the expiry of the time limits referred to in paragraph 1. (2) and (3), if you have requests or exceptions or exceptions raised of its own motion, the judge sets deadline for preliminary room resolving them, with the attendance of the parties and of the injured person and with the participation of the Prosecutor.
  

— — — — — — — — —-. (4) article. 344 was modified by point 9 of article. in accordance with law No. 75 of 28 April 2016, published in MONITORUL OFICIAL nr. 334 of 29 April 2016, which amended article 1. From the EMERGENCY ORDINANCE nr. 82 of 10 December 2014, published in MONITORUL OFICIAL nr. 911 from 15 December 2014.
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Art. 344 was modified by item of article 221. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 345 in camera procedure (1) The preliminary period laid down pursuant to article 5. 344 paragraph 1. (4) the judge of the preliminary room requests and resolves exceptions formulated exceptions raised ex officio times in the living room of the Council, on the basis of material from the prosecution and any documents we presented, and the conclusions of the parties and of the injured person, if they are present, and of the Prosecutor.
  

(2) the judge shall pronounce the preliminary room room of the Council, through the closing, which shall be communicated without delay to the Prosecutor and the person, the injured parties.
  

(3) where the judge of preliminary room irregularities of the Act instituting or where sanctions under art. 280-282 criminal acts performed in violation of the law or exclude one or more samples, within five days of the notification of conclusion, the Public Prosecutor instituted the Act fixes the deficiencies and shall notify the judge of the preliminary room available for reference if you maintain the repayment times case.
  

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Art. 345 was amended by paragraph 10 of article 10. in accordance with law No. 75 of 28 April 2016, published in MONITORUL OFICIAL nr. 334 of 29 April 2016, which amended article 1. From the EMERGENCY ORDINANCE nr. 82 of 10 December 2014, published in MONITORUL OFICIAL nr. 911 from 15 December 2014.


Article 346 (1) If Solutions were not formulated requests for exceptions within the time limits laid down in article 21. 344 paragraph 1. (2) and (3) nor raised ex officio exceptions, upon the expiry of these time limits, the judge of the preliminary room finds the legality of referral to the Court, and the Administration to carry out criminal acts and the commencement of the judgment. The judge of the preliminary room stands in the Council Chamber, without summoning the parties and the injured person and without the participation of the Prosecutor, through discharge, which shall be notified immediately thereof.
  

— — — — — — — — —-. (1) of article 1. 346 was changed from point 11 of article 1. in accordance with law No. 75 of 28 April 2016, published in MONITORUL OFICIAL nr. 334 of 29 April 2016, which amended article 1. From the EMERGENCY ORDINANCE nr. 82 of 10 December 2014, published in MONITORUL OFICIAL nr. 911 from 15 December 2014.

(2) If reject claims and exceptions invoked times raised ex officio, under art. 345 para. (1) and (2) through the same conclusion the judge of preliminary room finds the legality of referral to the Court, and the Administration to carry out criminal acts and the commencement of the judgment.
  

— — — — — — — — —-. (2) of article 9. 346 was changed from point 11 of article 1. in accordance with law No. 75 of 28 April 2016, published in MONITORUL OFICIAL nr. 334 of 29 April 2016, which amended article 1. From the EMERGENCY ORDINANCE nr. 82 of 10 December 2014, published in MONITORUL OFICIAL nr. 911 from 15 December 2014.

(3) the judge of the preliminary cause of the refunded room flooring: a) is rechizitoriul, and illegally drawn irregularity has not been corrected by the Prosecutor within a period provided for in art. 345 para. (3) if the irregularity or failure of establishing object draws the limits of judgement;
  

b) excluded all evidence administered in the course of criminal proceedings;
  

c) seeks the refund case, pursuant to article. 345 para. (3) either does not respond within the time limit prescribed by the same provisions.
  

(4 ^ 1) In the cases referred to in paragraph 1. (3) (a). ) and (c)) and in para. (4) the judge shall pronounce preliminary room through closing, in the Council, with the attendance of the parties and of the injured person and with the participation of the Prosecutor. The conclusion shall be communicated without delay to the public prosecutor, the parties and the injured person.
— — — — — — — — —-. (4 ^ 1), art. 346 was introduced by item 12 of article. in accordance with law No. 75 of 28 April 2016, published in MONITORUL OFICIAL nr. 334 of 29 April 2016, which amended article 1. From the EMERGENCY ORDINANCE nr. 82 of 10 December 2014, published in MONITORUL OFICIAL nr. 911 from 15 December 2014.
(4 ^ 2) In the case referred to in paragraph 1. (3) (a). b), the refund case to Prosecutor ordering through the conclusion referred to in art. 345 para. (2) — — — — — — — —-. (4 ^ 2) of art. 346 was introduced by item 12 of article. in accordance with law No. 75 of 28 April 2016, published in MONITORUL OFICIAL nr. 334 of 29 April 2016, which amended article 1. From the EMERGENCY ORDINANCE nr. 82 of 10 December 2014, published in MONITORUL OFICIAL nr. 911 from 15 December 2014.

(4) in all other cases in which found evidence of irregularities, has ruled out one or several samples managed or prosecuted under art. 280-282 criminal acts performed in violation of the law, the judge of the preliminary room features the beginning of the judgment.
  

(5) the evidence excluded cannot be referred to in the judgment of the case.
  

(6) if it considers that the Court does not have jurisdiction, the judge shall proceed in accordance with article preliminary room. 50 and 51, which properly applies.
  

(7) the judge who has ordered preliminary room commencement exercises the function of the Court judgment concerned.
  

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Art. 346 was changed from point of article 223. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 347 of opposition (1) within 3 days of the communication of the discharges. 346 paragraph 1. (1)-(4 ^ 2), the public prosecutor, the parties and any person aggrieved can do opposition. The opposition can look and how to settle claims and exceptions.
  

— — — — — — — — —-. (1) of article 1. 347 was modified by item 13 of article. in accordance with law No. 75 of 28 April 2016, published in MONITORUL OFICIAL nr. 334 of 29 April 2016, which amended article 1. From the EMERGENCY ORDINANCE nr. 82 of 10 December 2014, published in MONITORUL OFICIAL nr. 911 from 15 December 2014.

(2) the opposition shall be judge of the judge of the preliminary court room from superior to that. When the Court is the High Court of Cassation and justice, judges of the appeal panel shall be responsible, under the law.
  

(3) the appeal shall decide in Council Chamber, with the attendance of the parties and of the injured person and with the participation of the Prosecutor. The provisions of article 345 and 346 apply accordingly.
  

— — — — — — — — —-. (3) art. 347 was modified by item 13 of article. in accordance with law No. 75 of 28 April 2016, published in MONITORUL OFICIAL nr. 334 of 29 April 2016, which amended article 1. From the EMERGENCY ORDINANCE nr. 82 of 10 December 2014, published in MONITORUL OFICIAL nr. 911 from 15 December 2014.


(4) in dealing with the opposition may not be invoked or raised ex officio other requests or exceptions than those relied upon or removed from Office before the judge of the preliminary procedure room in front of the appellate court indictment, except in case of absolute nullity.
  

— — — — — — — — —-. (4) article. 347 was introduced by the pct, article 14. in accordance with law No. 75 of 28 April 2016, published in MONITORUL OFICIAL nr. 334 of 29 April 2016, which amended article 1. From the EMERGENCY ORDINANCE nr. 82 of 10 December 2014, published in MONITORUL OFICIAL nr. 911 from 15 December 2014.
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Art. 347 amended item 224 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) by decision of the CONSTITUTIONAL COURT No. 641 of 11 November 1986, published in MONITORUL OFICIAL nr. 887 5 December 2014, it was considered the plea of unconstitutionality of the provisions of art. 347 paragraph 1. (3) of the code of criminal procedure, it was found that the provisions of article 4. 347 paragraph 1. (3) of the criminal procedure code reported to those of art. 344 paragraph 1. (4), art. 345 para. (1) and art. 346 paragraph 1. (1) of the same code are unconstitutional.

According to art. 147 paragraph 1. (1) of the Constitution of ROMANIA republished in Official Gazette No. 767 from 31 October 2003 the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.

In conclusion, in the range of 5 December 2014-19 January 2015, the provisions cited above are suspended by operation of law, having ceased and the legal effects on January 20, 2015, insofar as the provisions of article 4. 347 paragraph 1. (3) of the code of penal procedure relate to those of art. 344 paragraph 1. (4), art. 345 para. (1) and art. 346 paragraph 1. (1) *) by decision of the CONSTITUTIONAL COURT No. 631 of 8 October 2015, published in MONITORUL OFICIAL nr. 831 on 6 November 2015, it was considered the plea of unconstitutionality regarding legislative solution contained in art. 347 paragraph 1. (1) of the code of criminal procedure according to which only the Prosecutor and defendant "may make the opposition on how to settle claims and exceptions, as well as solutions. 346 paragraph 1. (3) to (5), it was found that it is unconstitutional.

According to art. 147 paragraph 1. (1) of the Constitution of ROMANIA republished in Official Gazette No. 767 from 31 October 2003 the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.

Therefore, in the range of 6 November 2015-21 December 2015, legislative solution contained in art. 347 paragraph 1. (1) of the code of criminal procedure according to which only the Prosecutor and defendant "may make the opposition on how to settle claims and exceptions, as well as solutions. 346 paragraph 1. (3) to (5) has been suspended from the law, having ceased legal effect on 22 December 2015, whereas the legislature not intervened for modification.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 348 preventive measures in the preliminary procedure room (1) the judge shall pronounce preliminary Chamber, upon request or ex officio, of the making, maintaining, replacing, revocation or termination of the preventive measures.
  

(2) in cases where the culprit was front ordered a preventative measure, the judge for preliminary room from the Court with reliable sources or, where appropriate, the judge of the preliminary court room superior competent at times when the High Court of Cassation and justice, vested with settlement appeal, verifies the legality and appropriateness of the preventive measure, acting according to the provisions of article. 207. — — — — — — — — —-. (2) of article 9. 348 was changed from point 15 of article 2. in accordance with law No. 75 of 28 April 2016, published in MONITORUL OFICIAL nr. 334 of 29 April 2016, which amended article 1. From the EMERGENCY ORDINANCE nr. 82 of 10 December 2014, published in MONITORUL OFICIAL nr. 911 from 15 December 2014.


Title III General Provisions Chapter I Judgment Article 349 role of judgment (1) a court judgment settles with inferred cause guaranteeing respect for the rights of trial subjects and to ensure management of samples for full explanation of the circumstances of the case for the purpose of recognizing the truth, with full respect for the rule of law.
  

(2) the Court may settle the cause only on the basis of evidence administered in criminal proceedings, if the defendant calls it and recognizes fully the facts retained in his task and if the Court considers that the evidence is sufficient for finding out the truth and fair resolution of the case, unless the action is for a criminal offence that is punishable by imprisonment for life.
  

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Art. 349 was modified by item of article 225. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 350 the home of the courts (1) shall be carried out at the premises of the Court.
  

(2) For good reasons, the Court may order that the judgment to be held elsewhere.
  


Article 351 Oralitatea, immediacy and contradictorialitatea (1) is made in the Judgment of the case before the Court established by law and shall be conducted in open court, oral, and controversy.
  

(2) the Court is obliged to question the Prosecutor's requests, or other parties to the trial subjects, and exceptions raised by these or ex officio, and to rule over them through a reasoned conclusion.
  

— — — — — — — — —-. (2) of article 9. 351 amended item 226 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) the Court shall pronounce upon a reasoned conclusion through all steps taken in the course of the judgment.
  


Article 352 Advertising court hearing (1) the Court shall be public, except as required by law. Sitting in the living room of the Council shall not be public.
  

(2) may not attend court minors under 18 years of age, except where they have the status of parties or witnesses, as well as armed persons, with the exception of staff who ensure the guard and order.
  

(3) If the judgment in open court could affect the interests of the State, morality, dignity or intimate life of a person, the interests of minors, the Court of Justice or at the request of the Prosecutor, the times, may declare non-public session for the whole course or for a certain part of the prosecution case.
  

(4) the Court may also declare non-public session at the request of a witness, whether through his hearing in open court would affect the safety of the intimate life of dignity or times or of members of his family, or at the request of the Prosecutor, the injured party or parties, where a public hearing would jeopardize the confidentiality of certain information.
  

(5) a statement of the meeting is done in sitting nonpublic public, after hearing the Parties present, the injured person and the Prosecutor. The disposal of the Court is enforceable.
  

(6) while sitting is non-public, are not admitted in the courtroom than the parties, the injured party, their representatives, lawyers and other persons whose presence is authorized by the Court.
  

(7) any person aggrieved parties, their representatives, and experts appointed lawyers concerned have the right to inspect documents and contents of the file.
  

— — — — — — — — —-. (7) article. 352 was modified by item of article 227. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(8) the presiding has the duty to bring to the attention of persons participating in the meeting held in non-public judgment is required to maintain the confidentiality of information obtained during the process.
  

— — — — — — — — —-. (8) article. 352 was modified by item of article 227. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(9) for the duration of the judgment, the Court may prohibit the publication and dissemination of, written or audiovisual means, texts, drawings, photos or images liable to reveal the identity of the injured person, the civil party, the party responsible civilmente or witnesses, under the conditions laid down in paragraph 1. (3) or (4).
  


(10) information of public interest shall be provided in the dossier.
  

— — — — — — — — —-. (10) of article 1. 352 was modified by item of article 227. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(11) where classified information is essential for the settlement of the case, the Court shall require, emergency, where applicable, partial declassification, declassification or switching to another degree classification times sharing those classified by the Defender accused.
  

— — — — — — — — —-. (11) article. 352 was modified by item of article 227. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(12) If the issuing authority does not permit the Defender accused access to information classified, they cannot serve the solution of conviction, sentencing cessation or deferring the enforcement of the sentence in question.
  

— — — — — — — — —-. (12) article. 352 was modified by item of article 227. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 353 Summoning to court — — — — — — — — — the name marginal art. amended by 353 PTS 228 of article. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(1) Judgment may take place only if the injured party and the parties are legally quotes and the procedure is performed. The defendant, the party responsible for civil, civilmente and, where appropriate, of their legal representatives is CITES ex officio by the Court. The Court may order the attendance of other subjects to the trial when their presence is required in order to solve the case. The appearance of the injured person or the party in court, in person or through a representative or Attorney lawyer times elected ex officio, if the latter has got in touch with the person represented, any illegality in the procedure of summoning.
  

— — — — — — — — —-. (1) of article 1. 353 was modified by item of article 228. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) the principal or other procedural topic present personally, through a representative or through the Defender for a term, and the one which, personally or through a representative or an official defender chosen or the person responsible for receiving mail, i was handed a legal summons for a trial period of no longer being subpoenaed for subsequent deadlines, even though it would disrobe at any of these times except where their presence is required. Soldiers and prisoners are quoted ex officio every time.
  

— — — — — — — — —-. (2) of article 9. 353 was modified by item of article 228. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) For the first term of the Court, any person aggrieved is noting that CITES can constitute civil party until the beginning of legal research.
  

(4) failure of the person injured and parts quotations does not prevent re-opening. When the Court deems it necessary in the presence of one of the missing parts, may take measures to its presentation, deferring to that end.
  

(5) Repealed.
  

— — — — — — — — —-. (5) article. 353 was repealed by the point of article 229. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(6) throughout the judgment, any person may request the parties, oral or written, as the judgment in default, in this case no longer quotes for the following deadlines.
  

(7) When the judgment is delayed, the parties and other persons participating in the proceedings shall take cognizance of the new term.
  

— — — — — — — — —-. (7) article. 353 was modified by item of article 230 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(8) at the request of persons who take the term in court, they handed out subpoenas, to serve as a justification in the workplace, in order to present to the new term.
  

(9) participation of Prosecutor in the judgment of the case.
  

(10) a Panel invested with criminal prosecution may, ex officio or at the request of the parties, or the person who has suffered loss, to transform the first term or the term taken into cognizance, respecting the principle of the continuity of the judges ' Panel, where objective reasons, the Court cannot work at the deadline or in the settling of the case promptly. Exchange term ordering through the judge's resolution in the Council Chamber and without summoning the parties. The parties will immediately be cited for the new term.
  

— — — — — — — — —-. (10) of article 1. 353 was introduced by the pct. of article 231. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 354 (1) the composition of the Court judges of the Court the full Court, whose composition shall be as provided by law.
  

(2) the Panel of judges must remain the same throughout the prosecution of the case. When this is not possible, the Panel can be changed until the start of the debate.
  

(3) After the start of the debate, any changes in the composition of the Panel draws resuming debate.
  


Article 355 causes emergency in Judgment with preventive arrest or are under house arrest, (1) whether the defendants concerned are detained preventively or are under house arrest, judgment is made and, in particular, the terms of the judgment being usually 7 days.
  

(2) For duly justified reasons, the Court may grant an extension of time, shorter or longer.
  


Article 356 Ensuring Defence (1) any person aggrieved, defendant, the other party and their lawyers are entitled to take cognizance of the dossier paperwork throughout the judgment.
  

(2) When any person aggrieved or one party is in a State of ownership, the presiding take steps that it may exercise the right referred to in paragraph 1. (1) and be able to make contact with his lawyer.
  

(3) in the course of the judgment, the injured party and the parties are entitled to a single term for hiring a lawyer and for his defence.
  

(4) where any person or one party no longer benefiting from the legal assistance of a lawyer of his choice, the Court may grant another term for hiring a new lawyer and his defence.
  

— — — — — — — — —-. (4) article. 356 amended item 232 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(5) in the cases referred to in paragraph 1. (1) to (4), lending the necessary preparation for effective defense should be reasonable compliance with the deadline of the criminal process.
  


Article 357 of the President of the bench Duties (1) the presiding the meeting, leads all duties stipulated by law, and shall decide on requests made by the Prosecutor, the injured party and parties if their resolution is not given in the judges ' Panel.
  

(2) in the course of the judgment, the President, after consultation with the other members of the Panel, may reject questions formulated by the parties, the person injured by the Prosecutor, if they are not conclusive and useful resolution of the case.
  

(3) the provisions of the President's Commission shall be binding on all persons present in the courtroom.
  


The second article 358 of the case and the appeal of those subpoenaed (1) presiding Announces, according to the order of the list, cause whose adjudication is in a row, has the appeal of the parties and of others quotes and notes which ones were presented. In the case of the missing participants check whether it has been handed the summons to article. 260 and whether they justified absence in any way.
  

(2) the parties and any person aggrieved can submit and participate in court even if they were not cited or have not received the summons, the President having the duty to establish their identity.
  


Article 359 ensurance and feast of hearing (1) the President shall ensure the maintenance of law and order and feast upon the hearing may take the necessary measures to this end.
  

(2) the Chairman may limit public access to the Court, taking into account the size of the meeting room.
  

(3) the parties and persons assisting or participating in the Court are obliged to retain the discipline hearing.
  

(4) where a party or any other person disturbs sitting times, disregards the measures taken President cautions them to observe discipline, and in case of repetition of serious misconduct, the times has her removal from the Hall.
  


(5) part or returnee is called into the Hall before the start of the debate. The President brings to attention the essential acts carried out in absentia, and he read the statements of those heard. If the party or the person continues to troubled meeting, the President may order the removal from her new gym, the debates will be held in his/her absence.
  

(6) if the party continues to cloudy with a chance meeting and judgment, presiding may order the removal from the room, in this case following the judgment be communicated to them.
  


Article 360 Finding infringements of the audience (1) If the hearing is an Act provided for in (1) penal law, presiding court finds that Act and identifies făptuitor. The conclusion of the hearing shall be sent to the competent prosecutor.
  

(2) where the Prosecutor participating in the trial, may declare that the prosecutions, put in motion criminal proceedings and may detain the suspect or defendant's on.
  

— — — — — — — — —-. (2) of article 9. 360 was modified by item, article 233. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 361 Preparation hearing (1) Repealed.
  

— — — — — — — — —-. (1) of article 1. 361 was repealed by article 234 point. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) the presiding court has the duty to take all necessary measures in a timely manner to ensure that the proceedings of the Court fixes do not undergo procrastination.
  

(3) for this purpose, the files spread over complete at random will be taken over by presiding, which will take the necessary measures in order to prepare the judgment so as to ensure the resolution of the case promptly.
  

(4) where legal aid is compulsory, presiding will take measures for the designation of the lawyer ex officio.
  

(5) where the same question have the quality of both the legal culprit, as well as its legal representatives, the Chair shall ascertain whether the defendant is a legal person and has appointed a representative, and otherwise proceed to the appointment of a representative, the insolvency practitioners.
  

(6) it is also Chairman of the checks of the provisions concerning the attendance and, if necessary, proceed to completion of the fold their restoration.
  

(7) the presiding looks like list of causes for judgment to be compiled and displayed at the Court, with 24 hours ahead of schedule.
  

(8) when drawing up the list shall take into account the date of entry into the causes of the Court, giving precedence to the causes in which they are detained or arrested at home and those in respect of which the law requires that the judgment is made.
  


Article 362 preventive measures during the judgment (1) the Court shall decide, upon request or ex officio, of the taking, replacement, revocation or termination of the preventive measures.
  

(2) in cases where the culprit was front ordered a preventative measure, the Court is obligated to verify, in the course of the judgment in open court the lawfulness and merits of the preventive measure, acting according to the provisions of article. 208. article 363 Court Prosecutor to Participation (1) the participation of the Prosecutor in court is mandatory.
  

(2) in the course of the judgment, the Prosecutor shall exercise active role with a view to recognizing the truth and compliance with legal provisions.
  

(3) in the course of the judgment, the Prosecutor shall formulate demands, raises exceptions and make conclusions. Prosecutor demands and conclusions must be based.
  

(4) where it considers that there is any of the causes that prevent the exercise of criminal action, the Prosecutor, as appropriate, put the conclusions of non-payment or of the criminal process.
  

— — — — — — — — —-. (4) article. 363 was modified by item 235 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 364 of the defendant to trial Participation and rights (1) the judgment of the case takes place in the presence of the accused. Bringing the accused to the detention to trial is mandatory. It is considered that the defendant is present and deprived of freedom who, with his consent and in the presence of the defender chosen or appointed ex officio and, where appropriate, and the interpreter shall participate at the Court by videoconference, the place of detention.
  

— — — — — — — — —-. (1) of article 1. 364 was modified by item 95 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(2) Judgment may take place in the absence of the accused if he is gone, balk at trial times and changed address without having to bring it to the attention of the judicial bodies and, as a result of checks carried out, not knowing the new address.
  

(3) Judgment may also occur in the absence of the accused if, although legal, it lacks unduly from re-opening.
  

(4) throughout the judgment, the defendant, including where it is deprived of liberty, may request, in writing, to be tried in absentia, as represented by his lawyer elected or ex officio. Where the defendant is located in detention, has asked to be tried in absentia, the Court may order, upon request or ex officio, as it can put their conclusions into the debate and give the Word via video conference, in the presence of the defender chosen or ex officio.
  

— — — — — — — — —-. (4) article. 364 was modified by item 95 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(5) If necessary, the presence of the accused appreciates the Court may order its mandate of bringing retrofit.
  

(6) the defendant may claim, raise exceptions, including conclusions and put in the situation referred to in paragraph 1. (1) the final thesis.
  

— — — — — — — — —-. (6) article. 364 was modified by item 95 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Article 365 Participation other parties at trial and their rights (1) the party responsible for civil and civilmente can be represented by a lawyer.
  

(2) the party responsible for civil and civilmente may raise exceptions or requests put conclusions.
  


Article 366 of the injured person and the Participation of other subjects from the trial and their rights (1) the injured party may be represented by a lawyer.
  

(2) any person aggrieved may make requests, raise exceptions and put the criminal side of the conclusions in the case.
  

(3) the persons whose goods are subject to seizure may be represented by counsel and may formulate demands, raise exceptions and make conclusions about the seizure.
  

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Art. 366 was modified by item of article 237. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 367 the suspension of judgment (1) if it is established on the basis of forensic expertise that the defendant suffers from a serious illness which prevents him from participating in the judgment, the Court has, by terminating, suspending judgment until the health culprit will allow its participation to sue.
  

(2) if there are several defendants, and by virtue of the suspension relates to only one of them and disjoin isn't possible, ordering the suspension of the entire case.
  

(3) the suspension of judgment ordering and during mediation procedure according to the law.
  

(4) the conclusion given in the first instance which has ordered suspension of the case can be appealed separately with opposition to higher court within 24 hours of delivery, for the public prosecutor, the parties and any person aggrieved, and the parts that are missing or injured person. The notice of opposition shall be filed in the Court which pronounced the conclusion contested and forwarded, together with the file of the case, the hierarchically superior court within 48 hours of registration.
  

(5) the appeal shall not suspend the execution and controversy within 3 days of receipt of the file.
  

(6) criminal proceedings shall be resumed ex officio as soon as the defendant may attend the trial or at the conclusion of the mediation procedure, according to the law.
  

(7) the Court shall periodically, but not later than 3 months where most subsists cause that prompted the suspension of judgment.
  

(8) If the defendant is in house arrest or pre-trial is compared with the defendant was willing to measure judicial control or judicial review or control on bail, properly apply the provisions of art. 208. — — — — — — — — —-. (8) article. 367 was amended by paragraph 16 of article. in accordance with law No. 75 of 28 April 2016, published in MONITORUL OFICIAL nr. 334 of 29 April 2016, which amended article 1. From the EMERGENCY ORDINANCE nr. 82 of 10 December 2014, published in MONITORUL OFICIAL nr. 911 from 15 December 2014.

(9) an exception raising the unconstitutionality shall not suspend the proceedings.
  


Article 368


Suspension of judgment in the case of extradition procedure (1) where, under the law, a person's extradition is requested for the purpose of prosecution in a criminal case, the Court's role as the cause may order, by a reasoned conclusion, suspension of judgment until the date on which the requested State will communicate its judgment on the request for extradition. The conclusion of the Court is subject to appeal within 24 hours of delivery, for those present, and communication for those missing, at the superior court.
  

— — — — — — — — —-. (1) of article 1. 368 was modified by item 238 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) if requested extradition of a defendant on trial in a case with several defendants, the Court may order, in the interests of good judgments, disjoin case.
  

— — — — — — — — —-. (2) of article 9. 368 was modified by item 238 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) the notice of opposition shall be filed in the Court which pronounced the conclusion contested and forwarded, together with the file of the case, the hierarchically superior court within 48 hours of registration.
  

(4) the appeal shall not suspend the execution and controversy in open court within 5 days from the receipt of the dossier, with the attendance of the parties and of the injured person and with the participation of the Prosecutor.
  

— — — — — — — — —-. (4) article. 368 was modified by item 96 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Article 369 Notes on conducting the hearing (1) the conduct of the hearing of the court record the audio with technical means.
  

(2) the hearing of the court clerk take notes about the process. Attorney and the parties may require reading notes and endorses the President.
  

(3) after completing the hearing, the participants in the proceedings, upon request, receive a copy of the notes of the Registrar.
  

(4) the Registrar of the Notes can be appealed at the latest at the next term.
  

(5) in the event of contestation by the participants in the proceedings, the Registrar notes they will be checked and possibly supplemented the records corrected times from court.
  

(6) upon request, Parties at the expense thereof, may obtain an electronic copy of the registration court hearing regarding their cause, except sitting there has been published in whole or in part.
  

— — — — — — — — —-. (6) article. 369 was introduced by point 97 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Article 370 Kinds of judgments (1) a judgment by which the cause is resolved by the Court of first instance or by which it is dezînvesteşte without resolve the cause is called a sentence. The Court shall pronounce by sentence and in other cases provided by law.
  

(2) a judgment by which the Court to pronounce on the appeal, appeal in cassation and appeal on points of law is called decision. The Court to pronounce a decision and in other cases provided by law.
  

— — — — — — — — —-. (2) of article 9. 370 amended item 239 art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) all other judgment of the courts in the course of the judgment are called conclusion.
  

(4) conducting the process in court shall be recorded in a discharge that includes: a) the day, month, year and the name of the Court;
  

b) indication of whether the meeting has been published;
  

c) name and surname of the judges, Prosecutor and Registrar;
  

d) the surname and forename of the parties, lawyers and other persons who participate in the process and who were present at the trial, and of those who lacked quality, with the brightness of their procedural and provided for the performance of the procedure;
  

e) for which the defendant's deed was sent to court and the texts of the regulations where the deed was framed;
  

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Lit. s) para. (4) article. 370 amended by point of article 239. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

f) means of proof which have been the subject of contradictory debate;
  

g) applications of any kind made by a Prosecutor, the injured party, parties and other participants in the proceedings;
  

h) conclusions of the Prosecutor, the injured person and the parties;
  

I) measures taken during the meeting.
  

(5) the conclusion shall be drawn up by the Registrar not later than 72 hours after completion of the hearing and shall be signed by the presiding court and the Registrar.
  

(6) When the judgement is pronounced on the day it occurred, does not draw up the conclusion.
  


Chapter II the judgment at first instance section 1 Conduct resulting from the causes Article 371 Rochers Judgment judgment is Subject to and without prejudice to the persons referred to in the document instituting the proceedings.


Article 372 Checks concerning the defendant (1) at the time of trial, after calling the case and call on the parties, the President shall verify the identity of the culprit.
  

(2) if the defendant is a legal person, the Chairman makes inquiries related to name, registered office and headquarters of secondary identification code, the identity and quality of the persons authorized to represent it.
  


Article 373 Steps leading up to the concurrent, experts and interpreters (1) After the call of witnesses, experts and interpreters, the President asks the witnesses present to leave the courtroom and putting them in sight not to depart without his approval.
  

(2) Experts shall remain in the courtroom, unless the Court provides otherwise.
  

3. witnesses, experts and interpreters present can be heard, even if they have not been subpoenaed or have not received the summons, but only after it was determined their identity, taking into account the provisions of article 4. 122. Article 374 to knowledge of the accusations, explanations and requests (1) The first term at which legal citation procedure is carried out and the cause of Justice, the President has to give as the clerk read the instrument by which it was ordered, sending the appropriate times, which ordered the beginning of judgment or make a brief presentation.
  

(2) the President explains what the defendant notified of what i make, you shall notify on the defendant with regard to the right not to make any statement, drawing attention to him that what he says can be used against him, as well as about the right questions to ask coinculpaţilor, injured person, other parties, witnesses, experts and give explanations throughout the judicial research When he counts that as necessary.
  

(3) the President of the civil side, the încunoştinţează responsible person aggrieved civilmente and with respect to the evidence based on the prosecution phase that have been excluded and will not be taken into account in the resolution of the case and put in the injured person's standpoint that it may constitute civil party until the beginning of legal research.
  

(4) In cases in which the criminal proceedings does not cover an offence which is punishable with imprisonment for life, the President put in view of defendant that may require that the judgment take place only on the basis of evidence administered in the course of criminal proceedings and documents presented by the parties and any person aggrieved, if fully recognizes the facts retained in his task, bringing to their attention the provisions of art. paragraph 1, 396. (10). — — — — — — — — —-. (4) article. 374 was modified by item 98 art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(5) the President asks the Prosecutor, the injured party if the Parties propose taking samples.
  

(6) where it is proposed, should point out facts and circumstances to be proved, the means by which these tests can be administered, the location of these facilities, and in terms of witnesses and experts, their identity and address.
  

(7) the evidence during prosecution administered and uncontested by the parties or by the injured party is not readministrează in the course of the research. They are made in the debate, the parties in person and the Prosecutor and the injured are taken into consideration by the Court at the deliberation.
  

— — — — — — — — —-. (7) article. 374 was modified by item 98 art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(8) the evidence referred to in paragraph (7) may be administered by the Court ex officio, if it considers it necessary for finding out the truth and fair resolution of the case.
  

(9) the Prosecutor, the person aggrieved may require parts of the new administration and in the course of the research.
  


(10) the Court may order ex officio the administration necessary for finding out the truth and fair resolution of the case.
  

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Art. 374 was modified by item of article 240. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


In the case of article 375 of the recognition Procedure of accusations (1) If the defendant requires that the judgment take place under the conditions laid down in article 21. 374 para. (4) the Court shall proceed to its obedience, after which, taking the conclusions of the Prosecutor and of the other parties, shall decide on the request.
  

(1 ^ 1) The defendant can acknowledge the facts and ask for re-opening under the conditions laid down in article 21. 374 para. (4) and shall be in writing.
— — — — — — — — —-. (1 ^ 1), art. 375 was introduced by the pct. of article 99. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.
(1 ^ 2) In the cases referred to in paragraph 1. (1) and (1 ^ 1), if the defendant is a minor, the consent of his legal representative.
— — — — — — — — —-. (1 ^ 2) of art. 375 was introduced by the pct. of article 99. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(2) If the application, the Court admits asking the parties and any person aggrieved if they propose taking samples with records.
  

(3) if the Court rejects the request, proceed according to art. 374 para. (5) to (10).
  

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Art. 375 was modified by item 241 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 376 of the judicial Research Agenda (1) Judicial Court begins conducting research when the cause is in the State of judgment.
  

(2) the order for carrying out acts of judicial research is that laid down in the provisions of this section.
  

(3) after hearing the accused, the injured party, the civil party and the party responsible civilmente, proceed to administration of încuviinţate samples.
  

(4) the administration of the Office may be made at any time during the research.
  

(5) the Court may order the change order, when it is required.
  


Article 377 Judicial Investigation in the case of recognition of accusations (1) If ordered the judgment to take place under the conditions laid down in article 21. 375 para. (1) the Court shall administer the test with încuviinţate records.
  

(2) Records may be submitted at any time-limit which the Court shall take a decision on the request referred to in article 1. 375 para. (1) or to a subsequent term, provided for this purpose. For the presentation of a document, the Court cannot give only one term.
  

(3) the provisions of article 4. 383 paragraph 1. (3) shall apply accordingly.
  

(4) if the Court finds, on its own initiative, at the request of the Prosecutor or of the parties, that the legal classification given by the Act instituting the offence must be changed, is bound to question the new employment and to draw the attention of the accused that he has the right to ask to leave the case to the end. The provisions of article 386 para. (2) shall apply accordingly.
  

(5) If in order to establish the legal classification, and if after changing the legal classification, it is necessary to administer other evidence, the Court, taking the conclusions of the Prosecutor and the parties, order the making of judicial research, article 4. 374 para. (5) to (10) shall apply accordingly.
  

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Art. 377 was modified by item, article 242 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 378 (1) defendant's Hearing the defendant is left to show everything he knows about the deed for which he was sent to trial, then i may ask questions directly of the Prosecutor, the injured party, the civil side, the party responsible for the other defendants, civilmente, as well as their lawyers and the defendant's lawyer whose hearing is made. The Chairman and other members of the Panel may also ask questions, if it considers it necessary, for the fair resolution of the case.
  

— — — — — — — — —-. (1) of article 1. 378 amended item of article 243. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) the Court may reject questions not conclusive and useful case. Questions rejected shall be recorded in the conclusion of the hearing.
  

(3) in situations where the law provides for the possibility for the defendant to be liable for the provision of unpaid community service, it will be asked if they are at least somewhat in agreement, where they will be found guilty.
  

— — — — — — — — —-. (3) art. 378 amended item of article 243. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(4) where the defendant is unable to remember certain facts or circumstances or if there is contraziceri between statements made by the accused in court and those given above, the President of its explanations and ask them can give you a read, in whole or in part, the earlier statements.
  

— — — — — — — — —-. (4) article. 378 amended item of article 243. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(5) When the defendant refused to give statements, the Court has read the statements he gave earlier.
  

— — — — — — — — —-. (5) article. 378 amended item of article 243. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(6) the defendant may be reascultat whenever it is necessary.
  


Article 379 coinculpaţilor Hearing (1) if there are several defendants, the hearing of each of them is made in the presence of the other defendants.
  

(2) When the interest in recognizing the truth requires, the Court may order the hearing without any of the other defendants to be present.
  

(3) Declarations taken separately are read the other defendants, after hearing them.
  

(4) the defendant may once again be heard in the presence of the other defendants or some of them.
  


Article 380 of the injured person, the Hearing of the civil party and the party responsible civilmente (1) the Court shall proceed to the hearing of the person injured, the civil party and the party responsible according to the provisions of article civilmente. 111 and 112, after hearing the accused and, where appropriate, coinculpaţilor.
  

(2) the persons referred to are bequests to show everything they know about the Act that is the subject of the judgment, then you can put directly the questions by the Prosecutor, the accused, counsel for the accused, the injured party, the civil party responsible and their lawyers civilmente. The Chairman and other members of the Panel may also ask questions, if it considers it necessary, for the fair resolution of the case.
  

(3) the Court may reject questions not conclusive and useful case. Questions rejected shall be recorded in the conclusion of the hearing.
  

(4) the injured party, the civil side and the party responsible may be reascultate civilmente whenever necessary.
  


Article 381 Hearing witness and expert witness (1) hearing shall be made according to the provisions of article 3. 119-124, which is applied properly.
  

(2) If the witness has been proposed by the Prosecutor, he may put questions directly to the Prosecutor, the accused, the injured party, the civil party responsible civilmente. If the witness or expert has been proposed by one of the parties may put questions to it, by the Prosecutor, the injured party and the other parties.
  

(3) the Chairman and other members of the Panel may address questions to the witness, whenever it considers it necessary, for the cause of the settlement fair.
  

— — — — — — — — —-. (3) art. 381 was modified by item, article 244. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(4) the Court may reject questions not conclusive and useful case. Questions rejected shall be recorded in the conclusion of the hearing.
  

(5) a witness who possess a signed up in relation to the evidence submitted could read in court. Attorney and the parties have the right to examine the entries, and the Court may order forfeiture of the official file, or copy.
  

(6) When the witness is unable to remember certain facts or circumstances or if there is contraziceri between the statements made in court and the previous data, after the witness was led to declare everything you know, the President can give, in whole or in part, the earlier statements.
  

— — — — — — — — —-. (6) article. 381 was modified by item, article 244. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


(7) If the hearing of any of the witnesses is no longer possible, and the prosecution it gave statements in front of the bodies of criminal prosecution or has been heard by the judge of the rights and freedoms pursuant to article. 308, the Court has read the testimony given by him in the course of criminal proceedings and take account of it in the judgment of the case.
  

(8) If one or more witnesses are missing, the Court may order the judgment be motivated continuation postponing the case either. The witness whose lack is justified can be brought with the mandate of remembrance.
  

— — — — — — — — —-. (8) article. 381 was modified by item, article 244. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(9) the witnesses heard in the Hall, to remain available to the Court, until the Court acts on research carried out in the meeting. If the Court finds it necessary, may order their withdrawal or some of them from the courtroom in order to reaudierii their times of confrontation.
  

(10) the Court, having taken into account the conclusions of the Prosecutor, the injured person and the parties, can countenance no departure, after having heard their witnesses.
  

— — — — — — — — —-. (10) of article 1. 381 was modified by item, article 244. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(11) the provisions of paragraphs 1 and 2. (1) to (10) apply properly and for the hearing of expert or interpreter.
  

(12) the provisions of article 4. 130-134 and art. 306 para. (6) shall apply accordingly.
  

— — — — — — — — —-. (12) article. 381 was modified by item, article 244. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 382 of the statements Recorded statements and answers of defendants, witnesses of the time of other person heard shall be recorded exactly as provided in article 13. 110 paragraph 2. (1) to (4), are to be rejected questions recorded in the concluding sitting under art. 378-380. Article 383 quitting and failure management of evidence (1) the Prosecutor, the injured party and the parties may waive the evidence that we have proposed.
  

(2) after the discussion of waiver, the Court may order that the sample should not be administered, if it considers that it is no longer necessary.
  

(3) If in the course of the judicial administration of research previously admitted evidence appears as unnecessary or no longer possible, the Court, after you listen person, Attorney, and the parties, may order that the evidence should not be administered.
  

(4) If the impossibility of administration refers to a test administered at the stage of prosecution and Court-approved, it is placed in the discussion of the injured parties, the person and the Prosecutor and take account of it in the judgment of the case.
  


Article 384 of the sample material means Presentation When there is judgment in the case submitted to the material means of proof, the Court, upon request or ex officio, order the bringing and presenting them, if possible.


Article 385 of the new Postponement for the judicial investigation, it appears that for the explanation of the facts or the circumstances of the case it is necessary to the administration of the new evidence, the Court has either proceedings or delaying them for samples.


Changing the legal classification of article 386 (1) If in the course of the judgment is deemed to be the legal classification of the offence given by the Act of referral is to be changed, the Court is obliged to question the new employment and to draw the attention of the accused that he has the right to ask to leave the case to the end, or postponement to prepare his defence.
  

— — — — — — — — —-. (1) of article 1. 386 was modified by item of article 245. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) if the reclassification is for a legal offense that requires a prior complaint of the injured person, the Court shall invite the person, and one wonders whether he understands to make complaint. In the event that any person aggrieved by the previous complaint formulated continuous judicial court research, otherwise the criminal process termination featuring.
  


Article 387 Completing judicial research (1) before declaring the judicial investigation was completed, the President asks the Prosecutor, the injured party and if you have given explanations of new times for completing requests formulated research.
  

(2) If you have not filed claims or if claims brought were rejected or if additions were made, the President shall declare the judicial investigation was completed.
  


Article 388 debates and the order in which the word is given (1) after completing the research of legal debates, giving the word in the following order: the Prosecutor, the injured person, civil party, the party responsible civilmente defendant.
  

(2) the Chairman may give the word and in reply.
  

(3) the conclusions of the public prosecutor, the parties, the injured person and their advocates may be limited. Presiding may decide that they must have a similar duration.
  

(4) the President shall be entitled to discontinue those that have the word in their CD case beyond what it judges.
  

(5) Repealed.
  

— — — — — — — — —-. (5) article. 388 was repealed by article 246 PTS. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(6) to reasonable debate can be interrupted. Disruption may not be greater than 3 days.
  


Article 389 final word of the defendant (1) before closing debates, the President gives the last word the defendant personally.
  

(2) during which the defendant has the last word may not be asking questions. If the defendant reveals new facts or circumstances, essential for the solution of the case, the resumption of legal research.
  


Article 390 Conclusions by (1) the Court may require the parties, after the closure of the debate, to submit their conclusions.
  

(2) the Prosecutor, the person injured parties may submit written conclusions even if they were not required by the Court.
  


Section 2 of the Deliberation and judgment of the Court in article 391 (1) Settling the case Deliberation and judgment shall be made on the day on which the debates took place or at a later date, but not later than 15 days after the closure of the debate.
  

— — — — — — — — —-. (1) of article 1. 391 was modified by item, article 247. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) in exceptional circumstances, when the complexity of the case, deliberation and pronouncement may not take place within the period referred to in paragraph 1. (1), the Court may postpone delivery of once for not more than 15 days.
  

(3) the presiding shall inform the parties of the date on which the present shall pronounce judgement.
  


Article 392 Deliberation To deliberation (1) only members of the Panel take part in front of which the debate took place.
  

(2) the Panel of judges deliberating in secret.
  


Article 393 Object (1) judging panel of judges is to be used first on matters of fact and of law on matters then.
  

(2) determination of the offence carries the deliberations and the determination of the defendant's guilt, punishment, the determination of the educational measure of safety measure times, where to be taken, and the deduction of the duration of preventive measures involving deprivation of liberty and of medical hospitalisation.
  

(3) the Panel of judges is to be used and the repair of the damage caused by the offence, preventive and precautionary measures, media materials, judicial expenses, as well as on any other issues relating to fair resolution of the case.
  

(4) all members of the Panel of the Court had the duty to tell their opinion on each issue.
  

(5) the President says their opinion the latter.
  


Article 394 of the judgment to be taken (1) a judgment must be the result of the agreement the members of the Panel of the Court over the subject judging issues database solutions.
  

(2) If a unanimous decision cannot be reached, the decision shall be taken by a majority.
  

(3) if it appears more than deliberation two opinions, the judge noted that for the most severe I have to join the nearest of his opinion.
  

(4) motivating the separate opinion is mandatory.
  

(5) where under the bench trial may never meet most of the time, re-opening the unanimity goes back in complete contradiction.
  


Article 395 of the judicial research or resumption of debate (1) If during the judging process, the Court considers that a particular circumstance should be lămurită and it is necessary to resume judicial research or debate, putting the cause. Citing provisions shall apply accordingly.
  


(2) If the judgment held pursuant to article. 375 para. (1) and (2), and the Court finds that the settlement of the criminal action it is necessary to other administration samples outside the records referred to in article 1. 377 para. (1) to (3), call the cause pending court and carrying out research.
  

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Art. 395 has been modified by the point of article 248. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 396 Solving criminal action (1) the Court shall decide on the accusations brought against the defendant, by saying, where applicable, conviction, sentencing, surrendering to postpone the application of the death penalty, payment or cessation of the criminal process.
  

(2) if the Court is Sentencing Act establishes, beyond a reasonable doubt, that the Act constitutes offence exists and was perpetrated by the defendant.
  

(3) renunciation to the application of the death penalty is pronounced if the Court finds beyond a reasonable doubt, that the Act constitutes offence exists and was perpetrated by the defendant, pursuant to article. 80-82 of the penal code.
  

— — — — — — — — —-. (3) art. 396 has been modified by the point of article 249. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(4) defer application of the death penalty is pronounced if the Court finds beyond a reasonable doubt, that the Act constitutes offence exists and was perpetrated by the defendant, pursuant to article. 81-90 of the penal code.
  

— — — — — — — — —-. (4) article. 396 has been modified by the point of article 249. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(5) the defendant Paying to pronounce in the cases referred to in article 1. 391. (1) (a). a)-d).
  

— — — — — — — — —-. (5) article. 396 has been modified by item 100 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(6) the cessation of the criminal process to pronounce in the cases referred to in article 1. 391. (1) (a). e)-j).
  

(7) If the defendant has asked the criminal process under art. 18 and is found as a result of the continuation of the process that are incidental cases referred to in article 1. 391. (1) (a). a)-(d)), the Court pronounce acquittal.
  

(8) If the defendant has asked the criminal process under art. 18 and it is found that there are incidents the cases referred to in article 1. 391. (1) (a). a)-(d)), the court pronounces the cessation of the criminal process.
  

— — — — — — — — —-. (8) article. 396 has been modified by the point of article 249. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(9) where, in the course of criminal proceedings, the procedure of preliminary or room of the judgment against defendant taken preventive measure of judicial control on bail or was willing to replace a other preventative measures with preventive measure of judicial control on bail and defendant is sentenced to the penalty of a fine, the Court has its pay bail, according to the provisions of article 3. 217. (10) When the judgment was carried out pursuant to article. 375 para. (1), (1 ^ 1) and (2) when the accused's request that the judgment take place under these conditions was rejected or when researching Court held article. 377 para. (5) article 6. 395 paragraph 2(b). (2), and the Court retains the same fact situation as recognised by the defendant in the event of a conviction or deferred the application of the death penalty, the limits of punishment provided by law if the prison sentence shall be reduced by one third, and in the case of the punishment with a fine fourth. For juvenile defendants, the Court will consider these aspects when choosing educational measure; If educational measures involving deprivation of liberty, the limits on which the periods have these measures, as provided by law, shall be reduced by one-third.
  

— — — — — — — — —-. (10) of article 1. 396 has been modified by item 100 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Article 397 Resolving civil action (1) the Court shall pronounce the same judgment upon the civil action.
  

(2) where the Court admits the civil action shall, under art. 249-254, the need to take precautionary measures concerning repairs, if such measures were not taken earlier.
  

(3) in addition, the Court shall pronounce judgment upon the refund through things and restore the previous situation, according to the provisions of article 3. 255 and 256.
  

(4) the provisions of the judgment concerning precautionary measures and restitution of things are enforceable.
  

(5) where, in accordance with the provisions of art. 25 para. (5), the Court leaves unresolved civil action, precautionary measures are maintained. Such measures shall be terminated by operation of law if the person aggrieved do not enter action in civil court within 30 days of the final decision of backwardness.
  

(6) where, in the course of criminal proceedings, the procedure of preliminary or room of the judgment against defendant taken preventive measure of judicial control on bail or was willing to replace a other preventative measures with preventive measure of judicial control on bail and civil action is permissible, the Court has to pay damages awarded bail to repair damage caused by the offence According to the provisions of article 3. 217. Article 398 of the judicial Expenses Court to pronounce judgment and of costs through legal action, according to the provisions of article 3. 272-276. article 399 provisions concerning preventive measures (1) the Court shall be bound by the judgment, to rule over the maintenance, revocation, replacement or termination of the preventive measure on the criminal process about the culprit.
  

(2) in case of waiver of the application of the death penalty, deferring the implementation of punishment, acquittal or cessation of the criminal trial, the Court has as soon as implementation of the defendant detained preventively.
  

(3) the Court has also immediately implementation of the defendant arrested preventively when pronounce: a) a punishment with imprisonment for not more than the length of his detention, arrest and pre-trial detention;
  

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Lit. of paragraphs 1 to 5). (3) art. 399 has been amended item 101, article. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

b) imprisonment, suspended under supervision;
  

c) a fine which accompanies jail;
  

d) a measure of educational neprivativă.
  

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Lit. d) of paragraph 2. (3) art. 399 has been amended item 101, article. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(4) judgment under the conditions of paragraph 1. (1) to (3) with regard to preventive measures is enforceable.
  

— — — — — — — — —-. (4) article. 399 was modified by item 102 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(5) where, in accordance with the provisions laid down in paragraph 1. (1) to (3), the defendant is set free, the Court shall communicate this to the administration of the place of detention.
  

(6) the defendant convicted of first instance and to the remand is convicted once for the duration of his detention and arrest become equal to the length of the sentence handed down, although the judgement is not final. Release ordering detention place administration, which shall, immediately after the judgment, a copy or extract on the device.
  

(7) in case of waiver of the application of the death penalty, deferring the implementation of punishment, acquittal or cessation of the criminal process, whether in the course of criminal proceedings or of the judgment against defendant taken preventive measure of judicial control on bail, the Court shall order the refund of the amount deposited as bail, unless it was willing to pay this compensation awarded for damage and repair if you were not willing pay the bail. 217 paragraph 1. (7) (8) the Court has the seizure of judicial caution if the control measure on bail has been replaced with the measure of arrest at home or pre-trial detention, for the reasons set out in art. 217 paragraph 1. (9), and was not willing to pay bail amounts under art. 217. — — — — — — — — —-. (8) article. 399 was modified by item 251 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(9) the duration of the measure of arrest at home shall be deducted from the punishment imposed by the equivalence of a day of house arrest with a day of punishment.
  

— — — — — — — — —-. (9) article. 399 was modified by item 102 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(10) After judgment, up to referral to the Court of appeal, the Court may order, upon request or ex officio, making, revoking, replacement or maintenance of a preventive measure with regard to the defendant convicted under the law.
  

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Paragraphs 1 and 2. (10) of article 1. 399 was modified by item 102 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Article 400 Minuta (1) judging the result shall be recorded in a minute, which should have provided content for the device. Bill shall be signed by the members of the Panel.
  

(2) Preparation of the minute is mandatory in cases where the judge or the Court has on the preventive measures and in other cases expressly provided by law.
  

(3) it shall be drawn up in two Minute original copies, one of which is attached to the dossier of the case and the other shall be submitted, for self-preservation, to file the minutes of the Court.
  


Contents of article 401 of the judgment the judgment by which the Court adjudicates criminal case Fund should contain an introductory part, a device.


The introductory part of article 402 content of (1) the introductory part shall include the particulars mentioned in article 1. 370 para. 4. (2) the conclusion of the meeting drawn up according to the provisions of article 3. 370, the introductory part shall be limited to the following: the name of the Court which judged the cause, judgment date, judgment was the cause, and the names and surnames of the members of the Panel, the Prosecutor and the Registrar, and mention that other data have been entered in the concluding session.
  

(3) The decisions of the military courts must be indicated and the rank of the members of the bench and the Prosecutor. When the defendant is military, and noted its degree.
  


Article 403 (1) Contents of exposure Exposure should include: (a) data concerning the identity of the parties);
  

b) description of the offence which are sent to court, with the brightness of the time and place where it was committed, as well as its legal classification given by the Act of referral;
  

c) motivating the solution regarding the criminal side, through the analysis of samples which have been used as a basis for settling the criminal side of the case and those which had been removed, and the reasoning of the solution with respect to the civil side of the case, and any analysis of fact relied on by the solution given in question;
  

d) grounds for appearing as justifying the solutions given in the question.
  

(2) in the event of conviction, sentencing cessation or delay the application of the death penalty, to be mandatorily detained deed Court in charge of the defendant, form and the degree of guilt, aggravating or attenuating circumstances, the relapse, what time is deducted from the punishment pronounced respectively during which will be deducted from the punishment laid down in the event of cancellation or revocation of waiver or deferment of sentencing to the application of the death penalty as well as acts resulting from the period to be deducted.
  

— — — — — — — — —-. (2) of article 9. 403 was modified by item 253 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) where the Court retains the responsibility of the accused only part of the facts forming the subject-matter of submission to court, it will show in the judgment for which specific facts pronounced condemnation or, as the case may be, the abandonment of sentencing or defer application of the death penalty, and for which specific facts, the cessation of the criminal trial or acquittal.
  

— — — — — — — — —-. (3) art. 403 was modified by item 253 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(4) in the case of cancellation and deferment of sentencing to the application of the death penalty, and in the case of suspension of the sentence under supervision in the present judgment will be the reasons for the waiver or deferral times, where appropriate, suspension and will show the consequences to the person to whom these were willing if the solutions will no longer commit crime or, as the case may If you do not meet the supervisory measures will not execute the obligations incumbent on it during the term of supervision.
  

— — — — — — — — —-. (4) article. 403 was introduced by the pct. of article 254. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 404 (1) Contents of the device the device must contain the information referred to in article 1. 107 concerning the person of the defendant, the solution given by the Court in respect of the offence, giving the name and the text of the Bill falling, and in case of acquittal or cessation of the criminal process, and therefore cause according to art. 16, and the solution on the settlement date of the action.
  

— — — — — — — — —-. (1) of article 1. 404 has been modified by the point of article 255. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) When the Court has, in sentencing device mentioned the main punishment used. Where has suspended its device is mentioned and surveillance measures and obligations, laid down in article 21. 93 para. (1) to (3) of the penal code, which must meet in order to convict, the consequences of their non-compliance with its views and new offences was committed and shall indicate the two entities in the community where they are to perform their obligation to provide a community service, referred to in art. 93 para. (3) of the penal code, after consulting the list concerning the possibilities of enforcing existing at the level of each of the probation service. Probation officer, on the basis of the initial assessment, will decide which of the two institutions from the community as referred to in the judgment to execute an obligation and type of activity. When the Court has so far as educational supervision in device mentioned person who carries out the supervision and guidance of the minor.
  

— — — — — — — — —-. (2) of article 9. 404 has been modified by the point of article 255. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) When the Court has to dispense with the application of the death penalty, the device is made mention about application warning, according to art. 81 of the penal code, and when it has to defer application of the death penalty, the penalty fixed device mentioned whose implementation is delayed, and surveillance measures and obligations, laid down in article 21. 85 paragraph 4. (1) and (2) of the penal code, which must be complied with by the defendant, in view of its failure to meet the consequences of their having committed new crimes, and if it imposed an obligation to provide a community service, mentions two entities in the community where they are to execute this obligation shall, after consulting the list concerning the possibilities of enforcing existing at the level of each of the probation service. Probation officer, on the basis of the initial assessment, will decide which of the two institutions from the community as referred to in the judgment to execute the obligation and the nature of the work and direction of the minor.
  

— — — — — — — — —-. (3) art. 404 has been modified by the point of article 255. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(4) the device shall also include, where appropriate, those decided by the Court with respect to: (a) the duration of the preventive measure) the deduction of custodial and medical clinic, indicating the portion of the sentence to be executed in this manner;
  

b) preventive measures;
  

c) precautionary measures;
  

d) safety precautions;
  

(e) judicial costs);
  

f) restitution of things;
  

restoring the previous situation);
  

h) bail;
  

I) solve any other issues relating to fair resolution of the case.
  

(5) When the court pronounces jail, the device shall make mention that the condemned person is deprived of rights or, as the case may be, some of the rights provided for in art. 65 of the penal code, during the period provided for in that article.
  

(6) When the Court pronounced punishment of the prison, and the injured party has requested notification on the release in any way or escaping convict, the Court makes a statement to that effect in the operative part of the judgment.
  

— — — — — — — — —-. (6) article. 404 has been modified by the point of article 103. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.
(6 ^ 1) When the Court decided to postpone the application of the death penalty or banning of one or more of the rights referred to in art. 66 para. (1) (a). l)-a) of law No. 286/2009 relating to the penal code, as amended and supplemented, with the application of the death penalty or punishment complementary accessories to the prohibition of the exercise of certain rights, the device will contain an indication that the person or persons benefiting from the protection measures may apply for issue of a european order of protection under the law.
— — — — — — — — —-. (6 ^ 1), art. 404 was introduced by art. 27 of law No. 151 of 13 July 2016, published in MONITORUL OFICIAL nr. 545 of July 20, 2016.


(7) the device must contain an indication that the ruling is subject to appeal, with the brightness of the period within which it may be exercised, the date the judgment was rendered and that pronouncement was made in open court.
  

— — — — — — — — —-. (7) article. 404 has been modified by the point of article 255. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 405 judgment (1) a judgment shall be pronounced in open court by the presiding justice, assisted by the Registrar.
  

(2) The judgment shall not be parties to CITES.
  

(3) the presiding pronounce judgment minuta.
  


Article 406 Drafting and signing of the judgment (1) a judgment shall be made available no later than 30 days after delivery.
  

(2) a judgment shall be made available by one of the judges who participated in the settlement of the case, not later than 30 days from the date of, and shall be signed by all members of the Panel and the Registrar.
  

(3) the decision of the Device must comply with the Bill.
  

(4) in case of tripping of any of the members of the Commission to sign the judgment, the judgment shall be signed instead of presiding. If presiding is prevented from signing the judgment shall be signed by the President of the Court. When it concerns prevention, the Registrar shall be signed by the Registrar. In all cases it makes mention on judgment about the cause that has determined to prevent.
  


Article 407 (1) the communication of the judgment after a copy of the ruling shall be communicated to the Prosecutor of the hour, the injured parties, the person and, if the defendant is arrested, the administration of the place of detention, to carry on the appeal. Where the defendant, civil or part any person does not understand the language Romanian, a copy of the minute shall notify its judgment in a language which he understands. After the drafting of the judgment, the judgment shall be made known to them as a whole.
  

— — — — — — — — —-. (1) of article 1. 407 was altered item 104 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(2) where the Court has ordered the postponement of the application of the death penalty or suspension of sentence under supervision, the probation service shall be notified and, where appropriate, the competent organ or authority to verify compliance with the obligations laid out by the Court.
  

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Art. 407 was altered item, article 256. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Chapter III Decisions Article 408 Call subject to appeal (1) the sentences can be appealed, if the law does not stipulate otherwise.
  

(2) Decisions may be appealed only together with the sentence, except where, by law, may be subject to separate appeal.
  

(3) the appeal against sentence counts and is made against the discharges.
  


Article 409 persons may call (1) may appeal: a) the Prosecutor, referring to the criminal side and the civil side;
  

b) the defendant, in terms of criminal and civil side side;
  

c) civil side as regards the criminal side and the civil side, and the party responsible civilmente, regarding the civil side, and concerning the criminal side, to the extent that the solution of this side of the solution in the civil side;
  

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Lit. c) of paragraph 2. (1) of article 1. 409 was amended by article 257 point. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

d) the injured party, in relation to the criminal side;
  

(e)), the expert witness, interpreter and lawyer, in respect of the fines applied by judicial sentence, and as regards judicial expenses and allowances due to them;
  

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Lit. s) para. (1) of article 1. 409 has been amended item 105 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

f) any legal or natural person, whose rights have been directly injured by a measure or by an act of the Court in respect of provisions that have caused such damage.
  

(2) to persons covered by paragraph 1. (1) (a). b)-f), the call may be declared by the legal representative or by a lawyer for the accused, and by its husband.
  


Article 410 Term to call for the injured person and the public prosecutor, the parties, the time limit for appeal is 10 days, if the law otherwise, and flowing from the communication of the copy of the minute.
  

(2) in the case referred to in article 1. 409 para. (1) (a). (e)), the call may be exercised immediately after the conclusion of the willing on the expenses and allowances and at the latest within 10 days of the pronouncement of the sentence which has solved the cause or, where appropriate, within 10 days of the notification of the decision by which it was applied a fine judicial or which it has ordered over expenses or allowances.
  

— — — — — — — — —-. (2) of article 9. 410 was modified by item 106 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(3) For persons under article 4. 409 para. (1) (a). f), the term of appeal is 10 days and shall run from the date on which they become aware of the Act or measure which caused the injury.
  


Reinstatement within article 411 (1) appeal after expiry of the regulations is considered to be made in term if the Court of appeal finds that the delay was caused by a thorough application of foreclosure, and the call was made no later than 10 days after it has stopped raining.
  

(2) a judgment is final until such time as the Court of appeal recognizes the request for relief.
  

(3) pending the resolution of the reactivation of the term, the Court of appeal may suspend the execution of the judgment appealed against.
  

(4) the provisions of paragraphs 1 and 2. (1) and (3) do not apply in the case of reopening criminal trial required by the person sentenced in absentia.
  


Article 412 Declaration and motivate Call call (1) it is hereby declared by written request, which must contain the following: a) the file number, the date and number of the decision appealed against or conclusion;
  

(b) the name of the Department which was) pronounced the decision appealed against;
  

c) name, surname, personal identity number, code quality and domicile, residence or abode, and signature of the person who States the call.
  

(2) a person who is unable to sign, the application will be certified by an officer of the Court whose decision is attacking or lawyer.
  

(3) the application for appeal may be unsigned neatestată times confirmed in court for her part in the times of the first term representative with legal procedure have been met.
  

(4) the call shall state the reasons in writing, the reasons in fact and law on which it is based.
  

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Art. 412 was modified by item 258 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 413 of the Court at appeal (1) a request for appeal established under the conditions laid down in article 21. 412 shall be submitted to the Court whose judgment is attacking.
  

(2) a person who is in a State of detention may submit the application and administration of the place of detention.
  

(3) the application for a registered or certified call under the terms of paragraph 1. (2) the minutes drawn up by the administration of the place of detention shall be submitted forthwith to the Court whose decision is under appeal.
  


Waiver of Article 414 (1) After judgment and until the expiry of the deadline for the parties to the appeal, and any person aggrieved may expressly renounce to this remedy.
  

(2) Upon surrender, with the exception of the appeal concerning the civil side of the case, it may return within the deadline for the Declaration.
  

(3) the surrender or return upon surrender may be made personally or by an agent.
  


Article 415 (1) withdrawal of appeal until the closure of the debate on the Court of appeal, the aggrieved person and either party may withdraw its appeal. The withdrawal must be made personally or by an agent of the special part, and if the party is in a State of ownership, through a statement attested or recorded in a report drawn up by the administration of the place of detention. The Declaration of withdrawal may be made either at the Court whose decision has been impugned, or at the Court of appeal.
  

(2) legal representatives may withdraw appeal, with respect, with regard to the civil side of the conditions laid down in the civil law. The defendant minor cannot withdraw appeal in person or by his legal representative.
  

(3) the appeal of the Prosecutor may be withdrawn by the hierarchically superior prosecutor.
  

(4) the appeal of Prosecutor and retired may be appropriated by the favor which has been declared.
  


Suspensive Effect of article 416 of the call

Appeal within the suspension of enforcement is, both as regards the criminal side and the civil side terms, unless the law provides otherwise.


Devolutiv Effect of article 417 of the call and its limits (1) the Court judges the appeal only on the person who said and the person referred to in the statement of appeal and only in relation to the quality that the caller has in the process.
  

(2) within the limits laid down in paragraph 1. (1) the Court shall, in addition to the grounds invoked and the demands made by the caller, to examine the cause in all aspects in fact and law.
  


Article 418 Neagravarea situation in your own call (1) the Court of appeal, addressing the cause, cannot create a more difficult situation for the one who said call.
  

(2) in addition, the appeal of the Prosecutor on behalf of a party, the Court of appeal may not worsen its situation.
  


Article 419 comments extensively on the Effect the Appeal Court of Appeal examined the cause through enlargement and about the parties who have not appealed or to which it refers may not decide in respect to their friends without having to be able to create such a party.


Article 420 Prosecution appeal (1) the judgment call is made with the attendance of the parties and of the injured person.
  

(2) Judgment call can not take place only in the presence of the defendant, when it is able to hold.
  

(3) the participation of the Prosecutor in the judgment call is required.
  

(4) the Court of appeal shall proceed to hearing the defendant, when it is possible, according to the rules of the judgment in the background.
  

(5) the Court of appeal may readministra at first instance managed samples and can manage new evidence, pursuant to article. 100. (6) When the call is in State Court, presiding, then gives the caller the word intimatului and the Prosecutor. If between calls is also declared the Prosecutor's appeal, the first word has it.
  

(7) the Attorney and the parties have the right of reply with regard to the new issues arising on the occasion of the plenary Assembly. The defendant is given the last word.
  

(8) the Court shall verify the contested decision on the basis of the work and the material of the case, and any evidence based on the Court of appeal.
  

(9) in order to solve the call, Court, motivated, can give you a new appreciation of the evidence.
  

(10) the Court to pronounce on all grounds of Appeal invoked.
  

(11) in the judgment call of the rules shall apply to the judgment Fund, to the extent that this title does not otherwise provided for.
  

(12) the call against the discharges under the law, can be attacked separately, judges in the Council without the presence of the parties, who may submit conclusions, except where the law provides otherwise or the Court considers that it is necessary to the judgment in open court.
  

— — — — — — — — —-. (12) article. 420 has been amended item 259 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 421 solutions to judgment in Appeals Court, the judge will call, pronounce one of the following solutions: 1. dismisses the appeal, maintaining the contested decision: a) if the appeal is belated or inadmissible;
  

b) if the appeal is unfounded;
  

2. acknowledges the call to abolish the sentence of first instance), and pronounce a further judgement, acting according to the rules on the settlement of the criminal action and the civil action from the judgment Fund. The Court of Appeal's statements on readministrează first instance and based its payment solution, the provisions of art. 374 para. (7) to (10) and article 11. 383 paragraph 1. (3) and (4) shall apply accordingly;
  

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Lit. of paragraph 2) of art. 421 was altered by the point of article 107. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(b) abolish the sentence of first instance) and court review of the features whose decision was abolished on the grounds that the court proceedings that took place in the absence of a wrongful or legal quotations cited, was unable to be present and to notify the Court of this impossibility, invoked by that part. Reconsideration by the Court whose judgment was disbanded when ordering and no court has decided upon a reluctant defendant task under the Act instituting civil action or in times when there is any of the cases, except in the case of competence, when ordering the retrial by Court of competent jurisdiction.
  

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Lit. b) to paragraph 2 of article 9. 421 was altered by the point of article 107. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Article 422 of the complementary the Court Issues, acting on the call, make, where appropriate, the application of the provisions concerning the resumption of the debate about resolving civil action, precautionary measures, judicial costs and any other matter of which depends on the full resolution of the appeal. In addition, the Court of appeal shall examine whether it has made a fair application of the provisions of the Court of first instance concerning the deduction of withholding tax, the duration of pre-trial detention, arrest at home or medical and hospitalisation plus, where applicable, the time elapsed after the arrest warrant judgment appealed.


The abolition of article 423 of the judgment (1) in the event of appeal, the contested decision shall be dissolved within the limits of the provisions relating to the effect of devolutiv and extensively on the call.
  

(2) a judgment can be broken only with respect to some facts or person, or only in relation to criminal or civil side, though this does not prevent fair resolution of the case.
  

(3) in the event of the winding up of the judgment, the Court of appeal may keep the measure of preventive arrest.
  


Article 424 of the content of the decision and its notification (1) the Court of Appeal's decision shall contain the particulars referred to in the introductory part of article 3. in 402, and the grounds of fact and law which have led to the rejection or acceptance of the call, as well as the grounds which led to the adoption of any of the solutions provided for in art. 421. The device shall comprise the solution given by the Court of appeal, and the date of pronouncement of the decision that pronouncement was made in open court.
  

(2) the Court of appeal shall decide upon preventive measures according to the provisions concerning the content of the sentence; When he ordered sending the case for retrial or the competent first instance court, the Court of appeal may make proper application of art. 399 para. (10). — — — — — — — — —-. (2) of article 9. 424 was modified by item 108 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(3) where the defendant is in a State of preventive detention or house arrest, and the exposure device shall show the time is deducted from the sentence.
  

(4) When it was ordered imprisoned, the decision must indicate which is the last procedural act remained applicable from that of penal process must resume its course, otherwise all procedural acts being dismantled.
  

(5) the decision of the Court of appeal shall be notified to the public prosecutor, the parties, the injured person and the administration of the place of detention.
  


Article 425 rejudecării Limits (1) the Court retrial must comply with the judgment of the Court of appeal, in so far as the facts remains the one envisaged in the resolution of the appeal.
  

(2) If the judgment was disbanded, said the Prosecutor's appeal against the accused or the injured person, the appeal court that rejudecă can aggravate the solution given by the Court of first instance.
  

(3) When judgment is broken only with respect to some facts or person, or only in relation to criminal or civil side Court retrial to pronounce judgement within the limits in which it was disbanded.
  


Chapter III ^ 1-Appeal------head. III ^ 1 was introduced by section 5 of art. III of the EMERGENCY ORDINANCE nr. 3 of 5 February 1970, published in MONITORUL OFICIAL nr. 98 of 7 February 2014.


Article 425 ^ 1 Declaration and settlement of public finances (1) the appeal of opposition can be exercised only when the law provides otherwise, the provisions of this article being applicable when the law does not stipulate otherwise.
  

(2) the Prosecutor May make opposition to the trial subjects and to which the contested decision refers, as well as people whose legitimate interests have been harmed by this, within three days, running from the date of order and the Prosecutor for other persons, the provisions of art. 411 para. (1) by applying it properly.
  

(3) the appeal shall be submitted to the judge for rights and freedoms, the judge for preliminary Chamber or, where appropriate, to the Court which pronounced the judgement that attacking and motivated by the deadline set for the resolution, the provisions of art. 415 applying properly.
  


(4) the provisions of article 177, 416 and art. 418 apply properly; within these limits, the opposition against the conclusion of a preventive measure is a measure may provide less serious than that requested or ordered by the conclusion of the contested times are subject to change from the contested measure obligations.
  

(5) the appeal by the judge deciding of rights and freedoms, namely by the judge at the preliminary hearing room superior court seised or, where appropriate, by the Superior Court appellate Panel or the authority of the High Court of Cassation and justice shall, in open court, with the participation of the Prosecutor.
  

(6) the opposition is quotes the person who made the appeal to the trial subjects, and to which the contested decision refers, article 4. 90 and article. 91 applying properly.
  

(7) the appeal shall be by decision which solves is not subject to any appeal, as the case may be one of the following: 1. the rejection, by maintaining the decision subject to appeal: a) when it is late or inadmissible;
  

b) when notice of opposition is unfounded;
  

2. acceptance of the opposition and the abolishment of the judgment): attacked the settlement of the case;
  

b) dismantlement and disposition of the judgment appealed against rejudecării of the case by the judge or the Panel who pronounced it, where it is found that they were not complied with the provisions concerning the attendance.
  

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Art. 425 ^ 1 was introduced by section 5 of art. III of the EMERGENCY ORDINANCE nr. 3 of 5 February 1970, published in MONITORUL OFICIAL nr. 98 of 7 February 2014.


Chapter V Ways extraordinary appeals chapter VI provisions ensuring uniform judicial practice section 1 of law Appeal Article 471 application for appeal in law (1) in order to ensure uniform interpretation and application of the law by all courts, the prosecutor general's Office of the High Court of Cassation and justice, ex officio or at the request of the Minister of Justice College of the High Court of Cassation and justice of the colleges or courts of appeal, and the Ombudsman shall have the duty to ask the High Court of Cassation and justice to rule on matters of law that have been resolved differently by the courts.
  

— — — — — — — — —-. (1) of article 1. 471 has been modified by the point of article 280. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) the application must include different data solutions to the problem of law and their motivation, the Constitutional Court, the High Court of Cassation and justice, the European Court of human rights or, where appropriate, to the Court of Justice of the European Union, the relevant views expressed in doctrine, as well as what is proposed solution to be rendered in appeal in the interest of the law.
  

(3) the application of appeal in law must, under penalty of rejection as inadmissible, copies of final judgments which shows that problems of law forming the subject-matter of the judgment have been resolved differently by courts.
  


Admissibility Conditions in article 472 of law Appeal is admissible only if it is shown that the issues which form the subject-matter of the judgment have been resolved differently by a final judicial decision, which shall be annexed to the application.


Article 473 law Judgment appeal (1) the appeal of law is judge of a panel consisting of the President of the High Court of Cassation and justice or, in his absence, the Deputy of the High Court of Cassation and justice, the Presidents of wards within it, a number of 14 judges from the Department in whose jurisdiction the matter enters which was resolved differently by courts as well as two judges from within the other sections. Presiding is the President of the High Court of Cassation and justice or, in his absence, the Vice-President of the High Court of Cassation and justice.
  

— — — — — — — — —-. (1) of article 1. 473 has been modified by the point of article 281. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) where the question of law of interest to two or more wards, President of the High Court of Cassation and justice shall determine the departments from which the justices who will make up the Panel of judges.
  

— — — — — — — — —-. (2) of article 9. 473 has been modified by the point of article 281. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) After the appeal of the High Court of Cassation and justice, its Chairman will take the necessary steps for the appointment of judges at random within the Department in whose jurisdiction the matter enters which was resolved differing from the courts and the judges of the other sections contained in the composition of the Panel referred to in paragraph 1. (1) and (4) on receipt of the application, the presiding judge shall designate within the Department in whose jurisdiction the matter enters which was resolved differently by courts to draw up a report on the appeal on points of law. Where the question of law of interest to two or more wards, appointing presiding judges will 3 within these sections for preparation of the report. The rapporteurs are not incompatible.
  

(5) In order to draw up the report, presiding may request a written opinion recognized specialists on matters of law settled differently.
  

(6) the report will contain different data solutions to the problem of law and arguments on which it is based, the relevant case-law of the Constitutional Court, the High Court of Cassation and justice, the European Court of human rights, the Court of Justice of the European Union opinion of specialists consult, where appropriate, and on doctrine. At the same time, the judge or, where appropriate, presenters and judges will draw up the project will motivate the solution what is proposed to be given to the appeal in the interest of the law.
  

(7) Commission Meeting shall be convened by its Chairman, at least 20 days prior to its deployment. With the summons, each judge will get a copy of the report and the proposed solution.
  

(8) the participating judges all judges ' Panel. If there are objective grounds, they will be replaced, in compliance with the rules laid down in paragraph 1. (3) and (9) the appeal of law it is claimed in front of the bench, where appropriate, of the general prosecutor's Office of the High Court of Cassation and justice or attorney designated by it, the judge appointed by the College of the High Court of Cassation and justice, the Court of appeal, the Ombudsman or by a representative thereof.
  

— — — — — — — — —-. (9) article. 473 has been modified by the point of article 281. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(10) the appeal of law is judge no later than three months from the date of referral to the Court, and the solution is adopted by at least two thirds of the judges Panel. Abstentions are not allowed to vote.
  


Article 474 Content determination and its effects (1) on the request of the law Panel of the High Court of Cassation and justice stands by the decision.
  

(2) the decision shall be delivered only in the interests of the law and does not affect judgments examined nor with regard to the situation of the parties in those processes.
  

(3) the decision shall state the reasons in a period not exceeding 30 days from the date and shall be published not later than 15 days from the statement of reasons in the Official Gazette of Romania, part I.
  

(4) tighten the time ill judged right is binding on the courts at the time of publication of the decision in the Official Gazette of Romania, part I.
  


Article 474 ^ 1 Cessation or modification of the effects of the decision the effects the decision repealed ceases, the finding about legal disposition modification times generated problem as released, unless it appears that, in the new regulation.
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Art. 474 ^ 1 was amended by section 6 of article. III of the EMERGENCY ORDINANCE nr. 3 of 5 February 1970, published in MONITORUL OFICIAL nr. 98 of 7 February 2014.


Section 2 of the referral to the High Court of Cassation and justice, with a view to a ruling that absolution for prior issues of law — — — — — — — — — — the name of the 2nd Section of the Head. Vi of title III of the Special Part of amended item of article 283. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 475 Subject referral

If, in the course of the judgment, a court full of the High Court of Cassation and justice, the Court of appeal or the Court, invested with the resolution of the case as a last resort, noting that there is a question of law, which interprets the resolution depends on the merits of the case in question and that the High Court of Cassation and Justice ruled not by a prior judgment or through an appeal in the interest of the law, nor is the subject of an appeal in the interest of developing law to solve, we can ask the High Court of Cassation and justice to pronounce a judgment whereby to resolve the matter of principle of law with which it was notified.
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Art. 475 was modified by item of article 284. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 476 Procedure (1) the appeal of the High Court of Cassation and justice shall be made by the Panel of judges after debates, provided that the conditions laid down in article 21. 475, by concluding that it is not subject to any appeal. If the discharge referral ordering, it will contain the reasons which support the admissibility of the referral to the appropriate articles. 475, the views of the Panel and the parties.
  

(2) Through the conclusion mentioned in paragraph 1. (1) the cause may be suspended until the pronouncement of absolution for prior question. Where it has not been willing to suspend with the referral, and the judicial investigation is completed before the High Court of Cassation and justice to adjudicate upon referral, the Court shall suspend the debate until the delivery of the decision referred to in article 1. 477 para. 1. Where the defendant is in house arrest or pre-trial or that is against the measure ordered judicial control or judicial review or control on bail, properly apply the provisions of art. 208 throughout the duration of the suspension.
  

— — — — — — — — —-. (2) of article 9. 476 amended pct, article 18. in accordance with law No. 75 of 28 April 2016, published in MONITORUL OFICIAL nr. 334 of 29 April 2016, which amended article 1. From the EMERGENCY ORDINANCE nr. 82 of 10 December 2014, published in MONITORUL OFICIAL nr. 911 from 15 December 2014.

(3) after the registration of the case to the High Court of Cassation and justice, on-line referral shall be published on the website of this Court.
  

(4) on the Causes of a similar role in the courts, can be suspended until resolution of the referral.
  

(5) the allocation of the referral is made by the President or, in his absence, by one of the Vice Presidents of the High Court of Cassation and justice whenever the person designated by them.
  

(6) the appeal shall judge of a panel consisting of the President of the section of the relevant High Court of Cassation and justice or a judge designated by him and 8 judges within the respective Department. The President of the section or in case of his absence, the judge designated by him is President and will take the necessary steps for the appointment of judges at random.
  

(7) After the drawing Panel pursuant to paragraph 1. (6), its Chairman will appoint a judge to draft a report on the question of law subject to judgment. The judge appointed the rapporteur does not become incompatible.
  

(8) when the question of law concerns the activity of several wards of the High Court of Cassation and justice, the President or, in his absence, one of the Vice Presidents of the High Court of Cassation and justice shall forward the appeal to the Presidents of the sections concerned in solving the question of law. In this case, the Panel will be composed of the President or, in his absence, the Deputy of the High Court of Cassation and justice, who will chair the Panel, from the Presidents of the sections concerned in solving the question of law, as well as five judges within their respective departments, randomly designated presiding. After the composition of the Commission, when drawing up the report, the presiding judge will appoint one within each precincts. The rapporteurs are not incompatible.
  

(9) the report will be communicated to the parties, which in no case later than 15 days following the communication may be submitted, in writing, by an attorney or, where appropriate, by legal counsel, their views concerning the question of law subject to judgment.
  

(10) the provisions of article 4. 473 para. (5) to (8) shall apply accordingly.
  

(11) the appeal shall judge without summoning the parties, no later than three months from the date of investiture, and the solution is adopted by at least two thirds of the judges Panel. Abstentions are not allowed to vote.
  

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Art. 476 amended item 285 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 477 Contents and effects of the judgment (1) Upon receipt of the referral, the bench for absolution on issues of law stands by the decision, solely on the issue of law subject to the loosing.
  

(2) the provisions of article 4. 474 para. (3) shall apply accordingly.
  

(3) tighten the time matters of law is binding on the courts at the time of publication of the decision in the Official Gazette of Romania, part I.
  

(4) Repealed.
  

— — — — — — — — —-. (4) article. 477 was repealed by article 117, point. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.
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Art. 477 was modified by item 286 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 477 ^ 1 Cessation or modification of the effects of the decision the effects the decision repealed ceases, the finding about legal disposition modification times generated problem as released, unless it appears that, in the new regulation.
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Art. 477 ^ 1 has been amended point 7 of article. III of the EMERGENCY ORDINANCE nr. 3 of 5 February 1970, published in MONITORUL OFICIAL nr. 98 of 7 February 2014.


Title IV special procedure chapter I plea bargaining Agreement Article 478 Holders agreement of plea bargaining and its limits (1) during the criminal investigation, after setting in motion the criminal action, the defendant and the Prosecutor may conclude an agreement as a result of the guilt of the defendant.
  

(2) the effects of plea bargaining agreement are subject to the opinion of the hierarchically superior prosecutor.
  

(3) admission of guilt agreement can be initiated by both the Prosecutor and the defendant.
  

(4) the agreement Limits plea bargaining shall be established by consent and in writing of the hierarchically superior prosecutor.
  

(5) If the criminal proceedings has been set in motion against several defendants, may conclude an arrangement with separate admission of guilt with every one of them, without being brought to touch presumption of innocence of the defendants for whom no agreement has been concluded.
  

(6) the defendants are minors may conclude agreements of admission of guilt, with the consent of their legal representative, under the terms of this chapter.
  

— — — — — — — — —-. (6) article. 478 was modified by item 118 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Article 479 subject to agreement by the admission of guilt plea bargaining Agreement aims at committing the crime scene recognition and acceptance of the legal classification for which had been put in motion criminal proceedings and watch the way and amount of punishment, and the form of its execution, i.e. the way educational measure or, as appropriate, the solution of waiver of the application of the death penalty or to delay the application of the death penalty.
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Art. 479 has been altered from the point of article 119. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Article 480 Conditions Agreement is entered into plea bargaining (1) plea bargaining Agreement may be concluded only with respect to offences for which the law provides for punishment by imprisonment or a fine of not more than 15 years.
  

— — — — — — — — —-. (1) of article 1. 480 was amended item 120 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(2) plea bargaining Agreement ends when, from the evidence, it appears sufficient data concerning the existence of the offence for which he has set in motion the criminal proceedings and with respect to the guilt of the accused. At the conclusion of the plea bargain, legal assistance is mandatory.
  

(3) Repealed.
  

— — — — — — — — —-. (3) art. 480 was repealed by article 288 point. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


(4) the defendant shall receive one-third reduction of the limits of the punishment prescribed by law if the prison sentence and one-fourth reduction of the limits of the punishment prescribed by law in the case of the fine punishment. For juvenile defendants will take account of these aspects in choosing educational measure; If educational measures involving deprivation of liberty, the limits on which the periods have these measures, as provided by law, shall be reduced by one-third.
  

— — — — — — — — —-. (4) article. 480 was introduced by item 121 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Article 481 Form plea bargaining agreement (1) plea bargaining Agreement shall be concluded in written form.
  

(2) where the ending plea bargain agreement, the Prosecutor may not draw up the indictment concerning defendants with which he has concluded the agreement.
  


Article 482 of the agreement's contents admission of guilt plea bargaining Agreement include: a) date and place of conclusion;
  

b) name, surname and the quality of those between ending;
  

(c) data relating to the person) the defendant, referred to in art. 107 para. (1);
  

d) description of the offence forming the subject of the agreement;
  

(e) the legal classification of the offence) and the penalty prescribed by law;
  

f) samples and evidence;
  

g) express statement of the defendant whereby he admits committing the Act and accepts employment law that was put in motion criminal proceedings;
  

h) type and amount, as well as the form of execution of death penalty in opt solution times sentencing or to postpone the application of the death penalty in respect of which it has reached an agreement between Prosecutor and defendant;
  

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Lit. h) of art. 482 amended by point of article 289. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

I) signatures of the Prosecutor, the defendant and the lawyer.
  


Article 483 of referral to the Court with plea bargaining agreement (1) After the conclusion of the plea bargain, the Prosecutor shall refer the Court to which it would return to the jurisdiction of the jurisdiction as to the merits and send its plea bargaining agreement with the prosecution.
  

(2) in the event that ends the agreement only in respect of some of the facts or only in respect of some of the defendants, and for other acts or ordering defendants in court, sending the appeal court is made separately. The Prosecutor shall submit to the Court only acts of the criminal investigation that relates to facts and persons who have been subject to agreement by the admission of guilt.
  

(3) where the provisions of article are incidental 23 para. (1) the Attorney shall submit to the Court plea bargaining agreement accompanied by settlement or mediation agreement.
  


Article 484 in Proceedings before the Court (1) If plea bargaining agreement lacks any of the particulars mentioned in article 1. 482 or if they were not complied with the conditions laid down in article 21. 483, the Court has coverage no later than 5 omissions days and notifies in this sense leader who issued the consent of the public prosecutor's Office.
  

(2) The deadline citing the defendant, the other party and the injured party. The Court shall decide on the plea bargain agreement by sentence, in open court, after hearing the Prosecutor, the defendant and his lawyer and, if present, to the other parties and the injured person.
  

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Art. 484 amended item 122 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Article 485 Solutions Court (1) the Court, the agreement, decision one of the following: a) plea agreement admitting guilt and pronounce the solution arrived at an agreement, provided that the conditions laid down in article 21. 480-482 concerning all the facts retained the responsibility of the accused, who have been the subject of the agreement;
  

b) agreement rejects plea bargain and remits to the Prosecutor for further prosecution, if you are not satisfied the conditions laid down in article 21. 480-482 concerning all the facts retained the responsibility of the accused, which were the subject of the agreement, or if it considers that the solution was reached an agreement between the Prosecutor and the accused is unlawful or unjustified mild in relation to the seriousness of the offence or the offender dangerousness.
  

— — — — — — — — —-. (1) of article 1. 485 was modified by item 123 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(2) the Court may admit the plea bargaining agreement only in respect of some of the defendants.
  

(3) In the situation referred to in paragraph 1. (1) (a). (b)), the Court shall decide ex officio with regard to custody of the defendants.
  

(4) the provisions of article 4. paragraph 1, 396. (9), art. 398 and art. 399 shall apply accordingly.
  


Article 486 of the civil action Settlement (1) if the Court recognizes the plea bargain agreement between the sides ended in a settlement or mediation agreement concerning the civil action, the Court shall take note of it by sentence.
  

(2) where the Court admits the plea bargain agreement between the parties and not the transaction has been concluded or mediation agreement concerning the civil action, the Court leaves unresolved civil action. In this situation, the judgment has upheld plea bargaining agreement does not have the authority of a final decision on the extent of the injury before the Court.
  

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Art. 486 has been modified by the point of article 291. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Table of contents Article 487 of the sentence includes the Sentence: a) the particulars referred to in article. 370 para. (4), art. 403 and 404;
  

b) for which the deed has concluded the agreement of plea bargaining and its legal classification.
  


Article 488 *) appeal (1) Against the sentence handed down under art. 485 and 486, the Prosecutor, defendant, the other party and the injured party may declare the appeal within 10 days of receipt.
  

— — — — — — — — —-. (1) of article 1. 488 was amended by article 124, item. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(2) the appeal may be stated in the article. 409, which properly applies.
  

— — — — — — — — —-. (2) of article 9. 488 was amended by article 124, item. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(3) the appeal referenced parts and the injured party.
  

— — — — — — — — —-. (3) art. 488 was amended by article 124, item. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(4) the Court of appeal delivered one of the following: a) reject the call, maintaining the contested decision, whether the call is late or inadmissible times unfounded;
  

b) abolish the sentence appeal admits, through the agreement of recognition was accepted and a new judgment pronounced, acting under art. 485 and 486, which properly applies;
  

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Lit. b) of paragraph 2. (4) article. amended by 488 item 125 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

c) abolish the sentence appeal admits, through the agreement of recognition was rejected, plea agreement admitting guilt, 1164 485 para. (1) (a). ) and art. 486 applying properly.
  

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Art. 488 was modified by item of article 292. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) by decision of the CONSTITUTIONAL COURT No. 235 of 7 April 2015, published in MONITORUL OFICIAL nr. 364 of 26 May 2015, it was considered the plea of unconstitutionality of the provisions of art. 488 of the code of criminal procedure, establishing that these provisions are unconstitutional to the extent that preclude any person aggrieved, the civil and the party responsible for the examination of the civilmente Court background.

According to art. 147 paragraph 1. (1) of the Constitution of ROMANIA republished in Official Gazette No. 767 from 31 October 2003 the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.


Therefore, during the May 26, 2015-10 July 2015, the provisions contained in art. 488 of the code of criminal procedure, in so far as it excluded the injured party, the civil party responsible civilmente from hearing before the Court, were suspended by operation of law, having ceased legal effect on 11 July 2015, whereas the legislature not intervened for modification.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Chapter I Appeal on the ^ 1 criminal trial — — — — — — — — — — first chapter ^ 1 "on the Appeal of reasonable criminal trial" of title IV of the Special Part was introduced by the pct. of article 293. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 488 ^ 1 *) the introduction of the opposition (1) If criminal activity or not it fulfills in a reasonable, opposition, prompting is speeding up proceedings.
  

(2) the appeal may be brought by the suspect, the accused, the injured party, the civil party responsible civilmente. In the course of the judgment, the appeal may be brought by the public prosecutor.
  

(3) the notice of opposition may be made as follows: a) after at least one year after the commencement of criminal proceedings, for the causes that are in the course of criminal proceedings;
  

b) after at least one year after the sending, for causes that are in the course of the judgment at first instance;
  

c) after at least 6 months from the date of referral to the Court with an appeal, for causes remedies contained in ordinary or extraordinary.
  

(4) the appeal may be withdrawn anytime until its resolution. The opposition can not be repeated within the same procedural phases in which has been withdrawn.
  

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Art. 488. ^ 1 was introduced by the pct. of article 293. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 488 ^ 2 *) shall be responsible for the settlement (1) Competence to settle the appeal belongs as follows: a) in criminal cases that are in the course of the prosecution, the judge of the rights and freedoms of the Court to which it would return to the jurisdiction of the jurisdiction at first instance;
  

b) in criminal cases that are in the course of the judgment or the remedies, ordinary extraordinary times, hierarchically superior to that Court on the role of the cause.
  

(2) where legal proceedings in respect of which it formulates the opposition is on the role of the High Court of Cassation and justice, jurisdiction for the resolution of the opposition completely belongs to another within the same sections.
  

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Art. 488 ^ 2 was introduced by the pct. of article 293. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 488 * ^ 3) Contents of the opposition the opposition are formulated in writing and shall include: a) the surname, forenames, domicile or residence of the natural person, the name of the legal person, as well as the quality of the natural or legal person who compiles the application;
  

(b) the name and the quality of the person) which means the part in the process, and in the case of representation by a lawyer, its name and registered office;
  

c) mailing address;
  

(d) the public prosecutor's Office or of) the name of the Court and case number;
  

It's fact and reasons) of law on which the appeal is based;
  

f) date and signature.
  

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Art. 488 ^ 3 was introduced by the pct. of article 293. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 488 ^ 4 *) the procedure for the resolution of his appeal (1) the judge of the rights and freedoms or the Court, in order to solve the opposition, has the following measures: (a) the Prosecutor, respectively) informing the Court on the role of cause, with regard to the appeal made, noting the possibility to formulate a point of view concerning it;
  

b) transmission within 5 days of the dossier or a certified copy of the records of the case by the Prosecutor of the Court, respectively, on the role of the cause;
  

(c) informing the other parties) of the process and, where applicable, of other persons referred to in art. 488. ^ 1 para. (2) in respect of the appeal made to the right to and express its views within the time limit granted for that purpose by the judge of the rights and freedoms or the Court.
  

(2) where the suspect or defendant is deprived of liberty, in the case in question or in another question, information referred to in paragraph 1. (1) (a). c) will be made both by him and by the lawyer, either chosen or appointed ex officio.
  

(3) Transmit point of view referred to in paragraph 1. (1) (a). ) and c) within the time limit fixed by the Court does not prevent the resolution of his appeal.
  

(4) the judge of the rights and freedoms or the Court adjudicates the appeal not later than 20 days after its registration.
  

(5) the opposition is closing in, settles through the Council Chamber, with the attendance of the parties to the trial subjects, and with the participation of the Prosecutor. Non-persons lawful quotations does not prevent the resolution of his appeal.
  

— — — — — — — — —-. (5) article. 488 ^ 4 has been amended item 126 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.
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Art. 488 ^ 4 was introduced by the pct. of article 293. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 488 ^ 5 *) Settlement appeal (1) the judge of the rights and freedoms or the Court, addressing the opposition, check the length of the procedures on the basis of the work and the material of the case and the views presented and acted through closing.
  

(2) the judge of the rights and freedoms or the Court, in appreciation of the character of proceedings reasonable duration, will consider the following factors: the nature and subject matter of the case);
  

b) complexity of the case, including by taking into account the number of participants and the difficulties of the Administration;
  

c) foreign elements of the case;
  

d) phase in which it is a party to the cause and duration of the procedural stages;
  

e) contestatorului behaviour in court proceedings, including in terms of its procedural rights and procedural and in terms of its fulfilment of obligations within the process;
  

f) other participants ' behavior, including officials involved;
  

g) legislative changes applicable to intervention in the case;
  

h) other elements likely to influence the duration of the procedure.
  

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Art. 488. ^ 5 was introduced by the pct. of article 293. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 488 ^ 6 *) solutions (1) When it considers the opposition as being grounded, the judge of the rights and freedoms or the Court admits appeal and the time limit within which the Attorney to resolve the cause under art. 327 respectively for the Court to hear and determine the cause, and the period within which a new opposition cannot be formulated.
  

(2) in all cases, the judge of the rights and freedoms or the Court which adjudicates the appeal will not be able to give you guidance and cannot be expected to provide dezlegări upon some issues of fact or law which to anticipate how the settlement process, or prejudice to the liberty of the judge of the case to be decided, in accordance with the law, with regard to the solution you need time trial or, as applicable, the freedom of the Prosecutor decide whether the solution you consider legal and thorough.
  

(3) where it was found reasonable duration, overcoming a new opposition in the same case will settle with taking into account solely of the reasons subsequently cropped up opposition.
  

(4) Abuse of law consisting of bad faith wording of the appeal shall be sanctioned by a fine from 1,000 judicial lei at 7,000 and the payment of expenses incurred.
  

(5) the conclusion shall within 5 days of delivery. The dossier shall be refunded on the day of motivation.
  

(6) a judgment shall be made contestatorului and shall be forwarded for information to all parties or persons from among those listed in article 3. 488. ^ (1) (a). (c)), in the case that are held to respect the time limits contained therein.
  

(7) the conclusion whereby the judge of rights and freedoms or the Court adjudicates the appeal is not subject to any appeal.
  

(8) failure to comply with time limits worded with the Appeal provided for in this chapter shall be refunded.
  

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Art. 488. ^ 6 was introduced by the pct. of article 293. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

Notă



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*) According to art. 105, title IV of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013, article 4. 488 488 ^ ^ 1-6 of law No. 135/2010 with the changes and additions brought about by this law, relating to the appeal on the criminal trial, reasonable applies only to criminal trials which began after the entry into force of law No. 135/2010.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Chapter II procedure for the criminal liability of the legal person Article 489 General provisions (1) in the case of offences committed by legal persons referred to in art. 135 para. (1) of the penal code in carrying out the objects or in the interest of the legal person's name in the times, the provisions of this code shall apply correspondingly, with additions and derogations provided for in this chapter.
  

(2) Are applicable in the proceeding concerning the criminal liability of the legal person and the provisions of the procedure for preliminary room which shall apply accordingly.
  


Article 490 criminal proceedings criminal action Object covers the criminal liability of legal persons who have committed offences.


Representation of the legal person article 491 (1) a legal Person is represented in the performance of procedural acts and procedural legal representative.
  

(2) If for the same Act or related works has been put in motion criminal proceedings against legal representative of a legal person, it shall appoint a representative to represent it.
  

(3) in the case referred to in paragraph 1. (2) If a legal person has not appointed a trustee, he shall be appointed, if necessary, the Prosecutor who conducts or supervises the prosecution, the judge for preliminary room or by the Court, the insolvency practitioners, authorized according to the law. Insolvency practitioners thus designated shall apply, as appropriate, the provisions of art. 273 para. (1), (2), (4) and (5).
  

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Art. 491 has been modified by the point of article 294. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 492 Place citation of the legal person (1) a legal Person shall issue a summons at its seat. If the seat of the legal person is fictional times no longer works at the Headquarters said, and the new headquarters is not known, at the headquarters of the judicial organ, it displays a reminder, article 4. 259 paragraph 3. (5) applying properly.
  

(2) If a legal person is represented by an agent, appointed pursuant to article. 491 para. (2) and (3), citing is done at your home or at the representative premises of the insolvency practitioner appointed as trustee.
  

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Art. 492 was modified by item of article 295. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 493 preventive measures (1) the judge of freedoms and rights in the course of criminal proceedings, at the recommendation of the Prosecutor, or, where appropriate, the judge of the preliminary room times the Court may order, if there are reasonable grounds justifying the reasonable suspicion that the legal person has committed a criminal offence provided for by law and only in order to ensure the smooth operation of the criminal process, one or more of the following measures : a) the ban on opening times, where applicable, the suspension of the procedure for dissolution or liquidation of the legal person;
  

b) prohibition of initiation, if applicable, fold the suspension of the merger, the Division or the reduction of the share capital of legal entity, commenced or criminal proceedings;
  

(c) the prohibition of economic operations), likely to result in diminishing the patrimonial assets or insolvency legal person;
  

(d) prohibition of certain acts) the closure of the legal framework established by the judicial organ;
  

e prohibition of carrying on activities) nature on the occasion of which the offence was committed.
  

(2) in order to ensure compliance with the measures laid down in paragraph 1. (1) a legal person may be required to lodge a security consisting of a sum of money which may not be less than 10,000 lei. The guarantor shall be released from the date of final judgment of whether the conviction, to postpone the application of the death penalty, sentencing cessation or termination of the criminal process in question, if the legal person has complied with the preventive measure, and where, by a final decision, was ordered payment of the legal person.
  

(3) the deposit will not be returned in the event of the legal person or the measure of preventive measures taken, came from the State budget on the date of final judgment handed down remaining in question and if it is willing pay bail, in the following order, monetary compensations awarded for damages caused by the offence, judicial expenses, or the fine.
  

(4) the preventive measures referred to in paragraph (1) can be ordered for a period not exceeding 60 days, with the possibility of an extension in the course of criminal proceedings and to maintain during the preliminary hearing and the judgment room, if they maintain the grounds for taking them, each extension may not exceed 60 days.
  

(5) during the criminal investigation, preventive measures shall have the judge rights and freedoms through a reasoned conclusion given in Council Chamber, with the attendance of the person.
  

(6) the participation of the Prosecutor is compulsory.
  

(7) Against the closure of the opposition may be made to the judge of the rights and freedoms or, where appropriate, to the judge of the preliminary room times superior court by the legal person and the Prosecutor within 24 hours of delivery, for those present, and from communication, legal entity.
  

(8) the preventive measures shall be revoked by the judge of the rights and freedoms at the request of the Prosecutor or of the legal person, and by the judge of the preliminary room and by the Court of its own motion, and only when it is satisfied that there are no longer grounds for justified taking or keeping them. The provisions of paragraphs 1 and 2. (5) to (7) shall apply accordingly.
  

(9) a representative of the legal person or against the representative thereof may be taken measures under article 4. 265 and article. 283 paragraph 1. (2), and towards the insolvency practitioner, the measure provided for in article. 283 paragraph 1. 2. (10) Taking preventive measures shall not preclude the taking of precautionary measures according to art. 249-256. — — — — — — — — — — Art. 493 was modified by item of Article 296 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Precautionary Measures article 494 against a legal entity can take precautionary measures, the provisions of art. 249-256 and art. 549 ^ 1 by applying properly.
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Art. 494 has been amended item 297 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 495 information procedure (1) the Prosecutor during criminal prosecution, the body that authorized the establishment of the legal person and body that registered legal person putting in motion the criminal action and sending the legal person at the date of disposition of such measures, in order to carry out the appropriate indications.
  

(2) in the case of institutions which are not subject to the condition of the registration or authorisation to acquire legal personality, information referred to in paragraph 1. (1) is made by the body which established that institution.
  

(3) the bodies referred to in paragraph 1. (1) and (2) shall be obliged to notify the judicial organ within 24 hours from the date of registration, certified copies, any mention of this with regard to the legal person.
  

(4) the legal person is required to notify the judicial organ within 24 hours, the intention of the merger, Division, dissolution, reorganization, liquidation or capital reduction.
  

(5) the provisions of paragraphs 1 and 2. (1) to (3) shall apply accordingly in the case of taking preventive measures against the legal person.
  

(6) after the final decision of whether the conviction to the penalty fine, the Court of execution shall dispatch a copy on the ruling body that authorized the establishment of the legal person, legal entity, registered body that established the institution not subject to authorisation or registration, and bodies involved in the control and surveillance of the legal person, to perform the appropriate indications.
  

(7) failure to comply, without delay or until fulfillment dates laid down obligations referred to in paragraph 1. (3) to (5) shall constitute legal misconduct and judicial sanctions in a fine article. 283 paragraph 1. (4) article 496 effects of the merger, Division, absorption, reduction of share capital, dissolution or liquidation of a legal person convicted


(1) If, after the final judgment of any condemnation of the legal person and up to execute sentencing, a case of merger, absorption, splitting, dissolution, liquidation or capital reduction thereof, the authority responsible institution times the power to authorise or register this operation is required to refer the matter to the Court of enforcement with respect to it and inform the legal entity created through merger , absorption or which has become divided factions of the person.
  

(2) the legal person resulting through merger, absorption or which has become divided factions of the person picks up the obligations and prohibitions of the person convicted, legal provisions art. 151 of the penal code shall apply accordingly.
  

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Art. 496 was modified by item of article 298. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


The bringing into force of Article 497 of the fine penalty (1) legal person sentenced to the penalty fine is obliged to submit the receipt of full payment of the fine performance of the delegated judge, within 3 months after the final decision of the backwardness of the conviction.
  

— — — — — — — — —-. (1) of article 1. 497 was modified by item of article 299. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) where the person convicted is found in the legal impossibility to pay the fine in full within the time limit referred to in paragraph 1. (1) the judge delegated with the execution, at the request of the legal person, may order the payment of the fine on the staggering not more than 2 years in monthly installments.
  

— — — — — — — — —-. (2) of article 9. 497 was modified by item of article 299. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) in the case of failure to comply with the obligation to pay the fine within the period indicated in paragraph 1. (1) or non-payment of a rate-according to eşalonării, the Court shall communicate a statement of execution on the part of the device or application which staggering fine organs competent for enforcement thereof according to the procedure for the enforcement of tax claims.
  


Article 498 of the penalty bringing into force the dissolution of the legal person and complementary (1) Copy of the conviction judgment device shall be provided at the time of the final remaining judge delegated with the execution of the legal person, and the body that authorized the establishment of a legal person, i.e. the organ which registered the legal person at the same time, requiring information on how fighting the measure.
  

(2) the date of final judgment of whether the conviction to the penalty of dissolution, additional legal entity shall enter into liquidation.
  

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Art. 498 was modified by item of article 300. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


The bringing into force of Article 499 of the penalty of suspension of activity of complementary legal person a copy of the conviction judgment device which applied the penalty of suspension of the activity or activities of the legal person shall be communicated at the time of the final remaining, authorized the establishment of the legal person, legal entity, registered body that established the institution not subject to authorisation or registration as well as the organs involved in the control and surveillance of the legal person, to take the necessary measures.


Article 500 of the penalty bringing into force the closure of some complementary points of legal entity and a copy of the conviction judgment device through which has been applied to the legal entity closing penalty points shall be communicated to the working date remaining definitive body that authorized the establishment of the legal person and legal entity, registered body that established the institution not subject to authorisation or registration as well as the organs involved in the control and surveillance of the legal person, to take the necessary measures.


Article 501 the bringing into force of the complementary penalty statutory ban to take part in public procurement procedures (1) a copy of the judgment by which the device was legal punishment prohibition to participate in procurement procedures shall be communicated at the time of the final remaining: trade register Office), for the purpose of advertising in the commercial register;
  

b) Ministry of Justice, for the purpose of advertising in national register of legal persons without patrimonial purpose;
  

c) any authority which keeps track of legal persons, for the purpose of advertising.
  

d electronic system administrator) procurement.
  

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Lit. d) of paragraph 2. (1) of article 1. 501 was introduced by the pct. of article 301. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) a copy of the decision on the conviction that the statutory prohibition of punishment applied to participate in the procurement procedures shall be communicated at the time of the final remaining, authorized the establishment of the legal person and legal entity, registered to take the appropriate measures.
  


Article 501 ^ 1 the bringing into force of the complementary penalty to be placed under judicial supervision (1) the functions of the judicial trustee on the supervision of the activity of the legal entity are included in the judgment of conviction which has applied the death penalty to be placed under judicial supervision.
  

(2) the Judicial Trustee cannot override statutory bodies in the management of the activities of the legal person.
  

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Art. 501 ^ 1 was introduced by the pct. 302 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 502 penalty bringing into force the publication or display of complementary judgement of conviction (1) an extract of the judgment of conviction concerning the sentencing of complementary display of conviction shall be communicated at the time remaining, the legal person convicted, in order to display in the form, place and for the period established by the Court.
  

— — — — — — — — —-. (1) of article 1. 502 amended item 303 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) an extract of the judgment of conviction concerning the application of the death penalty which the decision pronouncing the complementary of the conviction shall be communicated at the time remaining, the legal person sentenced, to publish the judgment in the manner determined by the Court, at their own expense, through written or audiovisual media or by other means of audiovisual communication, designated by the Court.
  

— — — — — — — — —-. (2) of article 9. 502 amended item 303 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) a legal entity executing Court sentenced shall submit evidence of commencement of execution of the display or, if applicable, proof of execution of the judgment of conviction, the publication within 30 days of the notification of the decision appealed from, but not later than 10 days after the start of execution times, as appropriate, from the execution of punishment.
  

(4) a copy of the judgement of conviction, or any extract therefrom, shall be communicated on the date of the final remaining authorized the establishment of the legal person, legal entity, registered body that established the institution not subject to authorisation or registration, and bodies involved in the control and surveillance of the legal person, to take the necessary measures.
  


Article 503 Supervision of enforcement of sentences applied to legal persons and complementary (1) In case of default in bad faith of complementary statutory penalties, the Court applied the enforcement provisions of art. 139 paragraph 2. (2) or, where appropriate, article 3. 140 paragraph 1. (2) or (3) of the penal code.
  

(2) the appeal to the Court shall be made ex officio by the judge of the Court of enforcement delegated, under art. 499-502. — — — — — — — — —-. (2) of article 9. from the 503 was modified item 304 art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) the legal person is cited in the judgment.
  

(4) the participation of the Prosecutor is compulsory.
  

(5) After hearing the Prosecutor's findings and the legal person convicted, the Court shall pronounce by sentence.
  


Chapter III Procedure in cases of juvenile offenders with the General provisions of article 504 pursuing and prosecuting crimes committed by juveniles, as well as the bringing into force of decisions concerning them are made according to the usual procedure, with additions and derogations provided for in this section and in section 8 of cap. I of title V of the general part.


Article 505 Persons summoned to prosecution


(1) When the suspect is a juvenile defendant times who has not reached the age of 16 at any listening to the minor confrontation or prosecution, citing its parents or, as the case may be, on the tutor, curator or person in care times the temporary supervision of the minor, and the General Directorate of social assistance and child protection at the place where the hearing is held.
  

(2) When the suspect or the defendant is a minor who has reached the age of 16, summoning of persons referred to in paragraph 1. (1) only if the prosecution considers it necessary.
  

(3) legal persons non-quotes from hearing or dealing minor does not preclude carrying out such acts.
  


Article 506 of the evaluation Report of the juvenile (1) in cases with juvenile defendants, the prosecution may request, when it considers it appropriate, paragraphs review probation service on the Court in whose territorial jurisdiction, its housing law minor.
  

(2) in cases with defendants who are minors, the Court must have paragraphs of evaluation by the probation service of court in whose constituency has its minor dwelling according to the law. The conduct of evaluation paragraphs was sought during the criminal investigation, according to the provisions of paragraph 1. (1) paragraphs, layout by instance is optional.
  

(3) Repealed.
  

— — — — — — — — —-. (3) art. 506 was repealed by article item 305. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(4) the assessment report By probation service requested can make reasoned proposals concerning educational measures that may be taken against a minor.
  

— — — — — — — — —-. (4) article. 506 amended item 306 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(5) Repealed.
  

— — — — — — — — —-. (5) article. 506 was repealed by article item 307. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 507 (1) the composition of the court cases where the defendant is a minor controversy according to ordinary rules of jurisdiction the judges specifically designated by law.
  

(2) paragraph composed according to the Court. (1) competent to judge remains according to special provisions concerning minors procedural, even if in the meantime the defendant has reached the age of 18.
  

(3) a Defendant who has committed the crime during the trial when he was a minor procedure is applicable in cases with juvenile offenders, if on the date of referral to the Court has not yet turned 18.
  


Article 508 Persons called on to prosecuting minors (1) The proceedings shall cite the probation service, the minor's parents or guardian, the trustee or the person in care or supervision the minor temporarily.
  

(2) the persons referred to in paragraph 1. (1) have the right and the duty to give explanations, to formulate requests and to submit proposals in respect of the measures to be taken.
  

(3) legal persons non-quotes do not prevent re-opening.
  


Article 509 (1) Conduct judgment Causes controversy with juvenile defendants and in particular.
  

(2) the Court is non-public. With the consent of the Court, the conduct of the judgment may be present, in addition to the persons referred to in art. 508, and other individuals.
  

(3) where the defendant is a minor under the age of 16 years, the Court, if it considers that the use of certain evidence may have a negative influence on him, may order the removal from the meeting. Under the same conditions can be temporarily removed from the courtroom and the parents guardian, curator times or the person in care or supervision the minor temporarily.
  

— — — — — — — — —-. (3) art. 509 was changed from point of article 308. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(4) To recall the persons referred to in paragraph 1. (3) the presiding informs them of the essential laws made in their absence.
  

(5) the Hearing of the minor will take place once, and reascultarea will be admitted by the judge only in duly justified cases.
  


Article 510 of the defendants are minors with major (1) When that same question several defendants, some of whom are minors and others major, and it is not possible to disjoin, judgment takes place according to the provisions of article 3. 507 para. (1) and after the procedure.
  

(2) in respect of these causes minor defendants shall apply to the provisions relating to procedure in cases with juvenile offenders.
  


Article 511 implementation implementation of non-custodial educational measures where it has taken towards any minor non-custodial educational measures, remain definitive judgment after it set a deadline for when ordering bringing minor, calling its legal representative, probation service representative for the bringing into force of the measure taken and of the persons overseeing it.
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Art. 511 was modified by item 309 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


512 article Repealed.
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Art. 512 was repealed by article item 310. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 513 extension or replacement of non-custodial educational measures (1) the extension of the non-custodial educational measure if the minor fails to comply with, in bad faith, the conditions of performance and the obligations of the Court which pronounced this measure.
  

(2) replacement of the original measure taken by another educational measure neprivativă of freedom more severe times replacing the measure taken initially with a measure of deprivation of liberty for any of the causes provided for in art. 123 of the penal code provide for the Court which pronounced this measure.
  


The bringing into force of article 514 of the admission in an educational centre (1) where he took the measure against minor ghost of admission in an educational center, the execution is done by sending a copy of the judgment on the police to the whereabouts of the minor, after final judgment backwardness.
  

(2) the police shall make arrangements for the admission of the child.
  

(3) in connection with the implementation of the execution of the measure of educational admission in an educational center, the police may enter the domicile or residence of a person without his consent, and the seat of a legal person without his consent of the legal representative thereof.
  

(4) if the minor against whom the measure has been taken to hold a clinic in an educational centre is not found, the police finds this by means of a report and shall refer the matter without delay to the competent authorities for implementation, as well as for putting in orders at border crossing points. A copy of the minutes shall be forwarded to the educational centre which will make the admission.
  

(5) a copy of the judgment is taught on the occasion of the execution of the measure of an educational centre where the minor is interned.
  

(6) the driver of an educational centre shall immediately notify the Court that ordered the measure about deaths.
  


The bringing into force of article 515 of the hospitalisation in a detention center (1) the educational Measure of internment in a juvenile detention center shall be put into execution by sending a copy of the final decision which has taken the measure of the police to the whereabouts of the minor, when it is free, the master of the place of detention times, when he is arrested.
  

(2) with the bringing into force of the measure of educational internment in a juvenile detention center, the judge delegate will issue and order by forbidding minors to leave the country. The provisions relating to the preparation and content of the order in case the execution of prison sentence applies appropriately.
  

(3) If the execution of the measure shall be the responsibility of the police, article 4. 514 para. (2) to (4) shall apply accordingly.
  

(4) a copy of the judgment is taught on the occasion of the execution of the measure of detention centre where the minor is interned.
  

(5) the detention center Leader shall immediately notify the Court that ordered the measure about deaths.
  


Article 516 of the measure of educational changes in admission in an educational centre (1) Maintaining the measure of internment in a juvenile educational centre, extension of the time for its replacement with internment in a detention center in the cases referred to in article 1. 125 para. (3) of the penal code the Court shall be responsible within the competence to judge the new offense or offence committed previously competing.
  


(2) replacement of the juvenile the educational measure in the clinic to assist with daily and liberation from educational center at the age of 18 years shall have, in accordance with the provisions of the law on execution of sentences by the Court in whose district the Center is located, the degree of enforcement. Replacement or return upon release, where it does not comply with, in bad faith, the conditions for performance of educational obligations imposed measure times, ordering, ex officio or upon referral to the probation service, the court judged the cause in the first instance.
  

— — — — — — — — —-. (2) of article 9. 516 has been modified by the point of article 311. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) in the case referred to in article 1. 125 para. (7) of the penal code, the return on the replacement of the Court responsible jurisdiction to judge the new offence of minor.
  


Article 517 of the measure educational Change of admission into a detention centre (1) extension of the measure of internment in the juvenile detention center in the cases referred to in article 1. 125 para. (3) of the penal code the Court shall be responsible within the competence to judge the new offense or offence committed previously competing.
  

(2) replacement of the juvenile the educational measure in the clinic to assist with day-to-day, release from the detention center at the age of 18 years shall have, in accordance with the provisions of the law on execution of punishments, the Court in whose territorial constituency lies detention center, the degree of enforcement. Replacement or return upon release, if it doesn't meet with bad faith the conditions for performance of educational obligations imposed measure times, ordering, ex officio or upon referral to the probation service, the court judged in first instance on the minor.
  

(3) in the case referred to in article 1. 125 para. (7) of the penal code, the return on the replacement and extension of the duration of the stay shall have the Court responsible jurisdiction to judge the new offence of minor.
  

Changing the system of enforcement Art. 518.-In cases referred to in article 1. 126 of the penal code, continuing educational measure execution of imprisonment in a penitentiary by the intern who has reached the age of 18 years may order according to the provisions of the law on execution of punishments of the Court in whose territorial jurisdiction, an educational centre or detention centre, corresponding to the degree of enforcement.


Delaying or disrupting article 519 of the enforcement of custodial measures Enforcement measure of educational admission in an educational centre or educational measure of internment in a detention centre may be delayed or interrupted in the cases and under the conditions provided by law.


Article 520 measures concerning the provisions on appeal the judgment at first instance in cases relating to offences committed by minors are properly applied and to the judgment in appeal.


Chapter IV Procedure put into tracking implementation follow-up Article 521 (1) is sought in tracking and ordering for identification, searching, locating and catching a person for the purpose of bringing him before the judicial bodies in the implementation of the execution times of certain judgments.
  

(2) the tracking and ordering is requested in the following cases: a) could not execute an arrest warrant, a warrant of execution of a sentence of imprisonment, a measure of deprivation of liberty, the medical clinic or expulsion measure, whereas the person to whom it has taken one of these measures was not found;
  

b) person escaped from detention or legal status ownership of the times ran from an educational center, detention center or unit that performs medical hospitalisation measure;
  

c) for a person which tracked international database that is located in Romania.
  

(3) lease tracking is requested: a police body) has established the impossibility of execution of the measure referred to in paragraph 1. (2) (a). a);
  

(b) the place of detention), the Administration Center of educational or medical unit referred to in paragraph 1. (2) (a). b);
  

c the competent judicial body) according to the law, and in the case referred to in paragraph 1. (2) (a). c);
  

(4) in the prosecution by order of the General Inspectorate of the Romanian police.
  

(5) the order of release to follow up shall be communicated as soon as the competent authorities to issue passports, which are obliged to refuse issuance of a passport or, where appropriate, to lift provisional passport for the duration of the measure, as well as cross-border enforcement for putting in the orders.
  

(6) it is also the order of release to be communicated in the tracking copy: to) any person before which they are to be brought at the time of the pursued person captures;
  

b the competent judicial organ) oversees the work of tracking data in person.
  


Article 522 (1) Tracking the order of release to follow up the execution without delay by the competent structures of the MOAI, which will take place at the national level, identification, search, location and the person being tracked.
  

(2) public institutions are obliged to support, in accordance with the law and in accordance with legal powers, the police pursuing a person in the database.
  

(3) the activity tracking a person remanded, held by the police, is supervised by prosecutors specifically designated within the public prosecutor's Office of the Court of appeal in whose district it is situated the competent court that has settled into the Fund preventive arrest proposal. When the mandate of preventive arrest has been issued in a question within the competence of the Prosecutor's Office attached to the High Court of Cassation and justice, supervision of activity tracking returns to the Prosecutor or prosecution performed in question.
  

(4) in all other cases, the activity tracking data in tracking individuals is supervised by prosecutors specifically designated within the public prosecutor's Office of the Court of appeal in whose district it is situated the Court of execution or other competent bodies according to the law.
  


Article 523 Tasks that can be performed in pursuit of procedure (1) in order to identify, search, location and captures data in tracking persons may be carried out, under conditions provided by law, the following activities: a) technical supervision;
  

b) apprehension, teaching and correspondence and searching objects;
  

b ^ 1) getting traffic data and location information processed by providers of publicly available electronic communications networks of the time providers of publicly available electronic communications;
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Lit. b ^ 1) para. (1) of article 1. 523 was introduced by the pct, article 19. in accordance with law No. 75 of 28 April 2016, published in MONITORUL OFICIAL nr. 334 of 29 April 2016, which amended article 1. From the EMERGENCY ORDINANCE nr. 82 of 10 December 2014, published in MONITORUL OFICIAL nr. 911 from 15 December 2014.

c) searches;
  

d) picking up objects or entries;
  

e) repealed;
  

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Lit. s) para. (1) of article 1. 523 was repealed by article item 312. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) the activities specified in paragraph 1. (1) (a). a)-c) may be carried out only on the basis of the mandate issued by the judge of the rights and freedoms of the court having jurisdiction to jurisdiction in the first instance or the Court of execution times for judge of the rights and freedoms of the competent court according to the law in the case referred to in article 1. 521 para. (2) (a). c). — — — — — — — — —-. (2) of article 9. 523 was modified by item of article 313. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) the activities referred to in paragraph 1. (1) (a). d) may be carried out only with the authorization of the prosecutor supervising the activity of police bodies pursuing the person tracking the data.
  


Article 524 technical supervision, detention, rendition and detainment of correspondence and of objects, search and getting data and location information processed by providers of publicly available electronic communications networks of the time providers of publicly available electronic communications procedure put into tracking


(1) technical supervision, detention, rendition and detainment of correspondence and of objects, search and getting data and location information processed by providers of publicly available electronic communications networks of the time providers of publicly available electronic communications can be arranged at the request of the prosecutor supervising the activity of police bodies pursuing the person put into tracking judge rights and freedoms from the competent court If he considers that identification, searching, locating and catching of persons put into tracking cannot be made by other means, the times would be greatly delayed.
  

(2) the provisions of article 4. 138-144, namely art. 147, art. and article 152. 157-160 is applied properly.
  

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Art. 524 has been modified by pct article 20. in accordance with law No. 75 of 28 April 2016, published in MONITORUL OFICIAL nr. 334 of 29 April 2016, which amended article 1. From the EMERGENCY ORDINANCE nr. 82 of 10 December 2014, published in MONITORUL OFICIAL nr. 911 from 15 December 2014.


Article 525 Lifting objects or entries in the procedure put into tracking (1) seizure of objects or entries in order to identify, search, location and captures data in tracking persons may be ordered by the Prosecutor who oversees the work of the police carrying out the person's data tracking in tracking.
  

(2) the provisions of article 4. 169 and 171 shall apply accordingly.
  

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Art. 525 was modified by item 315 of art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 526 Revocation (1) pursuit of prosecution shall be revoked at the time of catching the person pursued or where did my grounds for justified the stalking.
  

(2) the revocation shall be by order of the General Inspectorate of the Romanian police, which is transmitted in hard copy as soon as the competent prosecution: (a)) that oversees the activity tracking data in person;
  

(b) the competent bodies to issue) passport and border enforcement.
  

(3) the prosecutor supervising the activity tracking data to the person tracking it features as soon as the cessation of monitoring activities taken pursuant to art. 524, informing the judge of rights and freedoms.
  

— — — — — — — — —-. (3) art. 526 was modified by item 316 art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Chapter V Procedure Article 527 rehabilitation Rehabilitation Rehabilitation takes place either by operation of law, in the cases referred to in article 1. 150 or 165 of the penal code, upon request, be granted by the Court under the conditions laid down in this chapter.


Article 528 of the Rehabilitation law (1) at the expiry of 3 years; 165 of the penal code, if the person sentenced has not committed another crime, the authority keeps track of any criminal history will be deleted ex officio judicial particulars concerning the punishment applied to the convict.
  

(2) upon expiry of 3 years; 150 of the penal code, if the person sentenced has not committed another crime, the body that authorized the establishment of the legal person and the organ which registered the legal person will be deleted ex officio the particulars concerning the punishment imposed legal person.
  

— — — — — — — — —-. (2) of article 9. 528 was modified by item of article 317. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 529 judicial Rehabilitation to rule on judicial rehabilitation is either the court judged the case in the first instance who has voted for conviction required rehabilitation, be the appropriate court in whose district the convict or domiciled in, which took last place, where at the date when the application residing abroad.


Article 530 of the rehabilitation Application (1) an application for the judicial rehabilitation of the sentenced are formulated, and after his death, the spouse or close relatives. Spouse or close relatives can proceed with rehabilitation started earlier death.
  

(2) a court shall dispose in Rehabilitation cases and under the conditions laid down in article 21. 166 and 168 of the penal code.
  

(3) The application shall state: (a) the sentenced person, and address) where the request is made by another person, address;
  

b) condemnation for which rehabilitation and the deed for which he was handed that sentence;
  

c) the localities where the convict has been living and workplaces throughout the period of time from the execution of the sentence until the introduction of the request, and if the execution of punishment has been prescribed, from the date of final judgment and remaining until the introduction of the request;
  

(d) the grounds for the request;)
  

It's useful to identify indications) file and any other data to resolve the request.
  

(4) The application shall be attached to the acts of which it emerges that the conditions are met, the rehabilitation.
  


Article 531 Measures leading up to the settlement after fixing the term of application for rehabilitation is the person who has requested citing rehabilitation and persons whose obedience the Court considers necessary, measures are taken to bring the dossier in which he pronounced sentencing and are requesting a copy of a criminal record sheet of the convict.


Article 532 rejection of the application for failure to comply with conditions of form and background (1) an application for rehabilitation shall be rejected for failure to comply with conditions of form and background in the following cases: a) was introduced before the legal deadline;
  

b) missing endorsement referred to in art. 530 para. (3) (a). petitioner has) and has not been presented to the period of notice;
  

(c) any missing entries). 530 para. (3) (a). b)) and the petitioner has not completed the application period of notice and the term for which he was awarded in the completion.
  

(2) in the case referred to in paragraph 1. (1) (a). the application can be), repeated after expiry of legal, and in the cases provided for in paragraph 1. (1) (a). b) and (c)), at any time.
  

(3) in the case of the sentence, not the prescription can apply for rehabilitation the person referred to in art. 530 para. (1) if the person is responsible for the lack of execution of convicted.
  

(4) the application for rehabilitation in respect of which it appears that concerns a person convicted, as well as the request made on behalf of a convicted person, without mandate from its side, given in accordance with the law, are inadmissible.
  

— — — — — — — — —-. (4) article. 532 was introduced by item 127 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Article 533 Settlement demand (1) at the specified time, in non-public session, Court hears people present, quotes the Prosecutor's conclusions and the petitioner and checks to see if you are required by law for admission to rehabilitation.
  

(2) if the application is made before the settlement rehabilitation towards the condemned was put in motion criminal proceedings for other offences, the examination of the application shall be suspended until the final resolution of that case.
  


Article 534 Situations regarding civil remedies (1) When the sentenced person or person who has made an application for rehabilitation proves that it was not possible to pay civil compensation and expenses, the Court, considering the circumstances, may order rehabilitation or may grant a time limit for the payment of all or part of the amount owed.
  

(2) the period referred to in paragraph 1. (1) may not exceed 6 months.
  

(3) in the case of joint liability, the Court shall fix the amount to be paid, rehabilitation, convicted or his followers.
  

(4) the rights conferred by way of civil party condemning is not changed by the judgement given on the rehabilitation.
  


Article 535 Appeal the sentence by which the court resolves the application for rehabilitation is subject to appeal within 10 days of the communication which it settles higher court. Appeal from the judgment of first instance judgement is made in non-public session, summoning to the claimant. The Prosecutor's participation is mandatory. Decision of the Court by which the appeal is final. solves


Article 536 (1) Cancellation of rehabilitation in the case referred to in article 1. 171 of the penal code, the Court referred to in article 1. 529 ordering rehabilitation, ex officio or at the request of the Prosecutor.
  

(2) the provisions of article 4. 533 shall apply accordingly.
  


Article 537 Entries about rehabilitation after a final decision of whether rehabilitation or cancellation thereof, the Court shall make mention of this on the judgment by which the conviction has been pronounced.


Chapter VI Procedure repair of damage or moral damage in cases of miscarriage of Justice, or in the case of unlawful deprivation of freedom or in other cases Article 538 right to repair damage in the event of judicial error


(1) a person who has been convicted, whether the punishment imposed or educative measure involving deprivation of liberty was put into execution, shall be entitled to compensation by the State of damage sustained in the event that, as a result of the case, after cancelling the rejudecării or abolishment of the judgment of conviction for a new or newly discovered fact proves that there has been a miscarriage of Justice , pronounced a final decision of acquittal.
  

(2) the provisions of paragraphs 1 and 2. (1) shall also apply in the case of reopening criminal process about the convict on trial in absentia, if after the retrial was pronounced a final decision of acquittal.
  

(3) a person referred to in paragraph 1. (1) the person mentioned in paragraph 1. (2) will not be entitled to require the State to repair damage suffered if, through statements lying times otherwise, prompted condemnation, except in cases in which they were obliged to do so.
  

(4) is not entitled to compensation for any damage which the person sentenced is attributable in whole or in part of non-disclosure of timely fact known or newly discovered.
  


Article 539 the right to compensation for damage in the case of unlawful deprivation of liberty (1) is entitled to compensation for the damage and the person who, in the course of the criminal process has been challenged by the private freedom.
  

(2) unlawful Deprivation of liberty shall be determined, where appropriate, by Ordinance of the Prosecutor, through final completion of the judge or of the rights and freedoms of the judge of the preliminary room, and by the final conclusion or final judgement of the Court vested with the proceedings.
  


Article 540 Kinds and extent of repair (1) The establishment of repair shall take account of the duration of the deprivation of liberty, as well as unlawful and the consequences affect the individual products, on the private liberty times over the person in the situation referred to in article 1. 538. (2) Reparation consists in the payment of a sum of money or the establishment of a lifelong times in the State's expense, at unduly detained or arrested to be entrusted to an Institute of social and medical assistance.
  

(3) when choosing how to repair its expanse and account shall be taken of the situation of the person entitled to compensation of damage and the nature of the damage produced.
  

(4) the persons entitled to compensation for the damage, before deprivation of liberty times of incarceration as a result of the implementation of a sentence execution times educational measures involving deprivation of liberty were placed in work, they calculate, the length of service as established by law, and while they have been deprived of liberty.
  

(5) Repair is in all cases supported by the State, through the Ministry of public finance.
  


Article 541 Action to repair the damage (1) Action to repair the damage can be initiated by the person entitled, under art. 538 and 539, and after her death can be continued or initiated by persons who were dependent on the date of death.
  

(2) the action may be brought within 6 months from the date of final judgment of whether the Court, as well as the judicial organs of the Ordinance or discharges, whereby it was found the respective judicial error, illegal deprivation of freedom.
  

(3) in order to obtain the repair of damage, the person entitled may address the Tribunal in whose constituency residence, calling in the civil trial, which is cited by the Ministry of public finances.
  

(4) the scheme is exempt from judicial stamp tax.
  


Article 542 Action in regression (1) where the ruling was granted under art. 541, as well as the Romanian State was convicted by an International Court for any of the cases referred to in article 1. 538 and 539, action or recourse to recover the amount paid may be directed against the person who, in bad faith or negligence has caused serious damages or generating situation against the institution in which it is provided for compensation in case of damages caused in the exercise of that profession.
  

(2) the State must prove in the action or recourse, by order of the public prosecutor or criminal judgment has become final, that the insured under the terms of paragraph 1. (1) produced in bad faith or negligence or serious professional error illegal deprivation of freedom causing injury.
  


Chapter VII Procedure in case of judicial dossiers and judicial records Article 543 of the dossier or official Finding (1) in the case of disappearance of a judicial file or entered that belongs to one of these files, the prosecution or the Court from which the President was drawn up a dossier entry times report through which finds the disappearance and show what measures have been taken to find him.
  

(2) on the basis of the minutes, proceed according to the provisions laid down in this chapter.
  


Article 544 Object proceedings (1) where the folder or entry is claim disappeared interest justified and cannot be remade according to the usual procedure, the Prosecutor Ordinance times Court through discharge has, where appropriate, replacing or restoring the dossier or official as to which disappearance has been found.
  

(2) the Court shall pronounce by concluding, without summoning the parties, apart from the case when the Court considers it necessary to call them.
  

(3) the conclusion is not subject to any appeal.
  


Article 545 jurisdiction in case of replacement or recovery (1) Replacement or replenishment shall be conducted by the criminal investigation times by the Court before which the cause is pending, and finds in cases resolved, the Court definitively to that folder can be found in preservation.
  

(2) When finding the disappearance was done by an organ of the prosecution or a Court of law other than those referred to in paragraph 1. (1) criminal investigation body times the Court has found that organ's disappearance sends prosecution or competent court all the materials necessary to carry out replacement or recovery official disappeared.
  

(3) in the case of disappearance of a judicial dossier during preliminary room, replacement or replenishment shall be carried out by the Court within which preliminary Chamber works.
  


Official Replacement article 546 (1) replacement of official disappeared occurs when there are official copies of the signed up. Prosecution or the Court takes steps to obtain your copy.
  

(2) Copy obtained official place keeps up to its original finding.
  

(3) the person or authority who taught the official copy shall be issued by a certified copy of it.
  


Article 547 official or Reconstitution (1) When there is an official copy of the entries on the disappeared, proceed to restoring it.
  

(2) restoring a file is done by restoring records which they contained.
  

(3) for the purpose of restocking can be used any means of proof provided for by law.
  

(4) the result of it is found, if necessary, by order of the public prosecutor or by the decision of the Court together with the attendance of the parties and after hearing the Prosecutor.
  

(5) the Failure does not prevent the parties cited legal proceedings.
  

(6) a judgment is subject to appeal by reconstitution.
  

(7) against the order of the Prosecutor on the outcome of any person justifies a legitimate interest may make complaint, article 4. 336-339 applying properly.
  


Chapter VIII procedure for international judicial cooperation and the implementation of international treaties in criminal matters section 1 General provisions Article 548 provisions on international legal assistance (1) international judicial cooperation will be sought or granted in accordance with the provisions of EU legal acts, international treaties in the field of international judicial cooperation in criminal matters to which Romania is a party and with the provisions of the special law and in this chapter, where international treaties do not provide otherwise.
  

— — — — — — — — —-. (1) of article 1. 548 was modified by item of article 318. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) the acts of members of a foreign team detached joint investigation carried out on the basis of and in accordance with the provisions of the agreement and the driver of the team have a value similar to acts done by the prosecution.
  


Section 2 of the recognition of foreign judicial acts Article 549 of the Civil Enforcement provisions from a foreign criminal judgment Civil Enforcement provisions from a foreign criminal judgment shall be made according to the rules laid down for the execution of civil judgments.


Chapter IX


The procedure of confiscation or abolishing a enrolled in the event ranking-— — — — — — — — — chapter IX of title IV of the Special Part was introduced by the pct. of article 319. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


^ Article 549 1 procedure for confiscation or abolishing a enrolled in the event ranking (1) where the Prosecutor has ordered rank or waiving prosecution, confirmed the judge's room, and referral to judge preliminary room in order to take the measure of special confiscation or abolishing a scored ranking Ordinance or, as the case may Ordinance which ordered the abandonment of the prosecution confirmed a preliminary Chamber judge, accompanied by the dossier of the case shall be submitted to the Court which would return, according to the law, jurisdiction to jurisdiction in the first instance, after expiry of the period provided for in art. 339 paragraph 2. (4) where appropriate, in article 19. 340 or after judgment by which the complaint has been rejected or confirmed the order of waiver of prosecution.
  

(2) the judge of the preliminary room time limit of resolution, depending on the complexity and the particularities of the case, which may not be shorter than 30 days.
  

(3) the deadline For ordering the încunoştinţarea Prosecutor and citing people whose legitimate rights or interests may be affected, which may receive a copy of the Ordinance, putting them in mind that within 20 days from the receipt of the communication may submit written notes.
  

(4) the judge shall pronounce preliminary room through closing, in open court, after hearing the public prosecutor and the persons whose rights or legitimate interests may be affected, if present. The provisions of title III of the special party judgment which are not contrary to the provisions of this article shall apply accordingly.
  

(5) the judge of preliminary room addressing the request, may provide one of the following: a) and reject the proposal appropriate, return of the precautionary measure raising the times taken for the purposes of confiscation;
  

b) and proposal admits confiscation of property times, where appropriate, official disbanding.
  

(6) within 3 days of the communication of the conclusion of the Prosecutor and the persons referred to in paragraph 1. (3) can do, motivated, cannot be appealed. The appeal without leave is inadmissible.
  

(7) the opposition procedure shall be settled as provided for in paragraph 1. (4) by the judge of the preliminary court room from superior to that of the times, seized when the Court is the High Court of Cassation and justice, by competent law Panel, which may provide one of the following: a) late appeal rejects as inadmissible or unfounded;
  

b) admits the opposition, dissolved and rejudecă the proposal according to paragraph 1. (5).
  

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Art. 549 ^ 1 has been changed from point of article 128. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Title V chapter I criminal enforcement general provisions Article 550 enforceable Decisions (1) decisions of the criminal courts shall become enforceable when they remained definitive.
  

(2) decisions of the nedefinitive are enforceable when the law requires it.
  


Article 551 permanent possession of the judgment of the first instance decisions of first instance remain the final: 1. from the date of pronouncement, when judgment is not subject to appeal or appeal;
2. from the date of expiry or the input of the opposition: a) when it has not been stated in the notice of opposition or appeal;
  

b) when the appeal or, where appropriate, the opposition declared has been withdrawn within the time limit;
  

3. from the date of withdrawal of the appeal or, where appropriate, of the opposition if it occurred after the expiry of the appeal or of introducing opposition;
4. from the date of judgment which dismissed the appeal or, where appropriate, the notice of opposition.


Article 552 final Remaining appeal court judgment to the judgment handed down in appeal of opposition (1) judgment of the Court of appeal remains its final pronouncement on the date when the appeal was upheld and the process ended in the Court of appeal.
  

(2) a judgment given in the appeal of opposition remains to date its final pronouncement, when the appeal was allowed and the process ended in court that a judge.
  


Article 553 of the enforcement Court (1) judgment of the Court, the Criminal Court of first instance for final judgment, or the superior court or the Court of appeal, arises in the execution of the first court of law.
  

(2) judgments given in first instance by the High Court of Cassation and justice shall, where appropriate, by the Bucharest court or military tribunal.
  

(3) When final judgment remains to the Court of appeal or the Court, it sends the hierarchically superior court of executing an extract from that judgment, with the data required to run on the day of judgment by the Court of appeal or, where appropriate, by the superior court.
  

(4) the provisions of paragraphs 1 and 2. (1) to (3) shall apply in the case of judgments enforceable, but nedefinitive, except for those concerning safety measures, precautionary measures and preventive measures that are put into execution, where appropriate, by the judge of rights and freedoms, Chief Justice of the Court preliminary hearing room or which it has ordered.
  

(5) When the judgment of the Court of appeal was amended by decision of the High Court of Cassation and justice, rendered in appeal in cassation, the High Court of Cassation and justice shall proceed according to paragraphs 1 and 2. 3. (6) in the case of sentences and non-custodial measures, the judge delegated with execution within the enforcing court may delegate some powers of judge delegate the execution of the appropriate court in the enforcing court grade in the constituency in which the person resides.
  

— — — — — — — — —-. (6) article. 553 was introduced by article 320, point. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 554 Judge delegated with enforcement (1) the enforcing Court shall delegate one or more of its judges to perform the implementation.
  

(2) If the implementation of a decision or execution during the execution of any questions arises or foreclosure upon execution, execution of the delegated judge may seize the Court of enforcement, which will proceed according to the provisions of article 3. 597 and 598.
  

— — — — — — — — —-. (2) of article 9. 554 was modified by item of article 321. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Chapter II execution of judgments implementation section 1 putting into main Article execution of punishment bringing into force 555 prison sentence or life imprisonment and the death penalty (1) jail and punishment imprisonment for life shall be enforced by the issue of the enforcement of the mandate. The mandate of the enforcement judge delegated with the execution of the definitive judgment day remaining at the first instance court or, where appropriate, on the day of receipt of the statement referred to in article 1. 553 para. (3), shall be drawn up in triplicate and shall include: the name of the Court, date of issue, the data concerning the person of the detainee, the number and date of the judgment that is running and the designation of the Court which pronounced a penalty handed down and the text of the law applied penalty, ancillary freed and pre-trial detention or arrest at home, which was deducted from the duration of the penalty, if the condemned is recidivist as well as, where appropriate, the indication referred to in article 21. 404 para. (6) the order for arrest and detention, the judge delegate signature and stamp of the Court.
  

— — — — — — — — —-. (1) of article 1. 555 amended, article, item 322. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) if the condemned is in a State of freedom, with the issuance of the mandate of the execution of prison sentence or the sentence commuted to life imprisonment, the judge delegated with the enforcement issue, and an order prohibiting the convict to leave the country. The order shall be drawn up in triplicate and shall include: the name of the Court, date of issue, the data concerning the person of the detainee, the penalty handed down against him, the number and date of the judgment of conviction, name of the Court which pronounced an enforcement mandate, the number of death penalty issued on behalf of the detainee, the provision prohibiting a judge from leaving the country, the delegate signature and stamp of the Court.
  


Article 556 Submitting for execution of the mandate


(1) For performing the enforcement mandate to send two copies of the police at the domicile or residence of the sentenced person, and if he is not domiciled or resident in Romania, the police body within whose territorial court, when the sentenced person is free, or, where appropriate, when the sentenced person is arrested, the master of the place of detention.
  

— — — — — — — — —-. (1) of article 1. 556 was modified by item, article 323. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.
(1 ^ 1) In the event that the mandate of enforcement contains material errors, but allows the identification of the person for the purposes of enforcement in relation to the particulars of the person's existing police records and the judgement of the Court, the police executed the judgment, calling, meanwhile, shifting the Court clerical errors.
— — — — — — — — —-. (1 ^ 1), art. 556 was introduced by the pct. of article 324. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) in order to comply with the order prohibiting leaving the country shall send without delay a copy of the competent organ to issue passports and General Inspectorate of the border police.
  

(2 ^ 1) The mandate of execution or order of prohibition on leaving the country can be sent to the competent bodies and by fax, by e-mail, or by any means capable of producing a written record under conditions allowing the receiving authorities to establish authenticity.
— — — — — — — — —-. (2 ^ 1), art. 556 was introduced by the pct, article 325. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) where the condemned is in a State of freedom, of the enforcement bodies referred to in paragraph 1. (1) and (2) are required to take the measures prescribed by law for the purposes of implementing the mandate of the enforcement of the sentence and the order prohibiting leaving the country on the day of their receipt.
  


Article 557 Enforcement mandate of enforcing the penalty and order prohibiting leaving the country. The court agreement to leave the country — — — — — — — — — — the name marginal art. 557 amended by point of article 326. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(1) on the basis of the mandate of enforcement, the police shall arrest the sentenced person. Of the person arrested shall be given a copy of the mandate and is taken to the place of retention nearest police organ, where he taught the other copy of the mandate.
  

(2) for the purposes of implementing the mandate issued in execution of a final judgment of conviction, the police may enter the domicile or residence of a person without his consent, and the seat of a legal person without his consent of the legal representative thereof.
  

(3) the provisions of article 4. 229 on taking measures of protection shall apply correspondingly, încunoştinţare returning police body.
  

(4) if the person against whom the mandate has been issued cannot be found, the police finds it through a Protocol and ensure implementation tracking as well as for putting in orders at border crossing points. A copy of the report together with a copy of their enforcement shall be sent to the Court which issued the mandate.
  

(5) if the person convicted refuse to submit to mandate or tries to flee, will be constrained.
  

6. When the sentenced person is in the State of detention, a copy of their enforcement shall be given by the Commandant of the place of detention.
  

(7) the master of the place of detention shall be recorded in the minutes of the date on which the sentenced person has begun execution of punishment.
  

(8) a copy of the minutes shall be sent forthwith to the Court.
  

(9) on the basis of the order prohibiting leaving the country, in law enforcement bodies refuse the one convicted of passport issuance or, where appropriate, proceed to take measures and for putting the convict in the employee at border crossing points.
  

(10) during the term of supervision, supervised person may request the enforcement court motivated to încuviinţeze leaving Romanian territory according to art. 85 paragraph 4. (2) (a). I) or art. 93 para. (2) (a). d) of the criminal code. The Court of execution of the request in the room settles on the Council, after hearing the person supervised probation officer and, through his service be terminated. If the application recognizes, the Court determines the period for which the supervised person may leave the territory of Romania.
  

— — — — — — — — —-. (10) of article 1. 557 was introduced by the pct. of Article 327. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 558 Încunoştinţarea about the arrest in order to execute the mandate (1) Immediately after arrest in order to execute the mandate, the sentenced person has the right to încunoştinţa or to request the administration of the place of detention shall be încunoştinţeze to a member of his family or a person designated by him about the arrest and the place where it is held.
  

(2) if the person sentenced is not a citizen, he has the right to încunoştinţa or încunoştinţarea to request consular mission times of the State of which he is a national or, as appropriate, international humanitarian organizations, if it does not wish to avail himself of the assistance of the authorities of his country of origin, or the competent international organization representation, if it is a refugee or , for any other reason, is under the protection of such organizations.
  


Article 559 the bringing into force of the criminal fine (1) the person sentenced to the penalty fine is required to submit the receipt of full payment of the fine performance of the delegated judge, within 3 months after the final decision of backwardness.
  

(2) when the condemned is in the impossibility to pay the fine in full within the time limit referred to in paragraph 1. (1) the judge delegated with the execution, at the request of the sentenced person, may order the payment of the fine on a staggering period of not more than 2 years in monthly installments.
  

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Art. 559 was modified by item of article 328. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 560 Replacing punishment with fine rendering of an unpaid community service work (1) the Court which has jurisdiction to order the replacement obligation for payment of fine not executed with the obligation to provide a community service, according to art. 64 para. (1) of the penal code, the Court of enforcement.
  

(2) the appeal to the Court shall be made ex officio or by the body which under the law are running fine times by the person convicted. When has fine with replacing the death penalty provision of unpaid community service, the Court shall mention the device two entities in the community where they are expected to perform community service work. Probation officer, on the basis of the initial assessment, will decide which of the two institutions from the community as referred to in the judgment to execute an obligation and type of activity.
  

— — — — — — — — —-. (2) of article 9. 560 was modified by item 329 art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) the requirement to provide a community service job is put in execution by sending a copy of the probation service's judgment.
  


Article 561 Replacing labor unpaid community service sentences (1) competent authority provided under art. 64 para. (5) (a). a) of the penal code, replacing the labor community service sentences is run, and the Court in the case referred to in article 1. 64 para. (5) (a). b) of the penal code, the Court that judges at first instance crime committed before the full performance of the work in community service.
  

(2) the appeal to the Court shall be made ex officio or by the body which under the law are running fine or probation service referral.
  

(3) the enforcement of the judgment is made according to art. 555-557. Section 2 of the bringing into force of the complementary penalties Article 562 of the exercise of certain rights Banning the death penalty ban in relation to the exercise of certain rights is put into execution by sending the judge delegate of court enforcement of a judgment device, depending on the rights whose exercise was banned, a legal person governed by public or private law authorized to supervise the exercise of the right in question.
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Art. 562 was modified by item of article 330. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 563 Banning foreigners to reside on the territory of Romania


(1) When by the decision of the jail sentence was applied to the prohibition of additional punishment right of the alien to be located on the territory of Romania, it makes mention in its mandate of execution of prison sentence as at the date of the convict to be handed over to the liberation of the police, who will proceed to the removal from the territory of Romania.
  

(2) If no additional punishment came with jail, police body is made, immediately after the judgment remained definitive.
  

(3) for the purposes of enforcing the death penalty ban foreigners to reside on the territory of Romania, the police may enter the domicile or residence of a person without his consent, and the seat of a legal person without his consent of the legal representative thereof.
  

(4) if the person to whom it has been complementary to the prohibition of punishment to be located on the territory of Romania is not found, the police finds it through a Protocol and ensure implementation tracking as well as for putting in orders at border crossing points. A copy of the minutes shall be sent to the Court of enforcement.
  


Article 564 military Punishment military degradation Degradation is put in execution by sending the judge delegated with the execution of a judgment on the military commander in whose register is taken the person condemned respectively to the county or regional military centre of the convict.
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Art. 564 has been modified by item, article 331 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 565 judgment condemning the punishment of publication of the judgment of conviction shall be put into execution by sending the statement, in the form prescribed by the Court, a daily local newspaper published in Vienna Court which pronounced the judgment of conviction or of a national daily newspaper for publication at the expense of the person convicted.


Section 3 of the bringing into force of safety measures Article 566 compelling to medical treatment (1) safety measure obliging the medical treatment taken by a final decision shall be put into execution by providing the copy on your device and a copy of the report on the forensic public health authority in whose territory that person resides of this measure. The public health authority will immediately notify the person against whom the measure has been taken obliging to medical treatment at the health unit to carry out the treatment.
  

(2) the Court of enforcement shall notify the person to whom the measure has been taken obliging to medical treatment that is required to be reported immediately to the health unit that is to be carried out the treatment, attracting the attention that in the event of failure to comply with the measure taken will become available medical intern.
  

(3) where the obligation to medical treatment came with jail or imprisonment for life or concerns a person in detention, the communication referred to in paragraph 1. (1) the place of detention administration.
  


Article 567 Obligations in connection with medical treatment (1) the offender Health Unit was assigned to carry out medical treatment is required to notify the Court if the person: a) ordered to treatment appeared to follow treatment;
  

b) if the person ordered to treatment balk at carrying out of treatment after the presentation;
  

c) If, due to the worsening state of health of the person against whom the measure has been taken obliging to medical treatment, hospitalization is required;
  

d) If, by improving the health status of the person against whom the measure has been taken safely to the borders to medical treatment, medical treatment is no longer relevant.
  

(2) where the health unit is not in the District Court, which ordered the execution of communication pursuant to paragraph 4. (1) (a). b)-d) is the Court whose constituency lies health unit.
  

(3) the provisions of paragraphs 1 and 2. (1) (a). b)-d) and paragraphs 1 and 2. (2) shall apply accordingly in the case referred to in article 1. paragraph 1, 566. (3) replacement of Article 568. or terminate medical treatment at borders (1) receiving the notice, the Court of enforcement or court under article 9. 567 para. (2) has a medical intern in the situations referred to in article 1. 567 para. (1) (a). the a and b)), and in the cases referred to in article 1. 567 para. (1) (a). c) and (d)) perform a forensic expertise on the State of health of the person against whom the measure is taken.
  

(2) in the cases referred to in article 1. 567 para. (1) (a). c) and (d)), the person liable for medical treatment has the right to ask to be examined by a doctor and specialist designated by it, whose conclusions are submitted to the Court referred to in paragraph 1. 1. (3) if the person obliged to refuse medical treatment to undergo examination in order to carry out the expertise, it will apply the provisions of article 4. 184 para. (4) (4) After receipt of the report of the forensic physician and the specialist conclusion paragraph. (2) the Court shall, in open court, the conclusions of the Prosecutor, hear the person against whom the measure is taken and safety advocate and expert and medical practitioner designated by it when necessary, and has either the termination of the measure obliging to medical treatment, either medical intern.
  

(5) if the person against whom the measure has been taken for safety has no lawyer shall be permitted a lawyer ex officio.
  

(6) a copy of the final judgement of the Court under article 4. 567 para. (2) shall be notified to the Court of enforcement.
  


Medical Intern Article 569 (1) Extent of medical hospitalisation taken through a final decision shall be put into execution by providing the copy on your device and a copy of the report on forensic public health authority in whose territory that person resides of this measure.
  

(2) the judge delegated with the execution of the works at the Court of enforcement shall notify the Court in whose district lies the health unit has made the admission when it has been carried out in order to take in.
  

(3) After receipt of notification, the judge delegate the execution of the Court in whose district is located shall periodically verify the health unit, but no later than 12 months if hospitalization is required medical attention. To this end, the judge delegate the execution has to carry out a forensic expertise on the State of health of the person to whom it has been taken so far as medical and hospitalisation, after its receipt, the matter before the Court in whose district health unit is located to dispose over the maintenance, replacement or termination of the measure.
  


Article 570 Obligations in connection with medical intern (1) public health authority is required to provide hospitalization, încunoştinţând the Court of enforcement.
  

(2) where the person against whom the measure has been taken in the clinic refuses to undergo medical admission, this measure will be done with the support of the police. In order to execute the measure medical hospitalisation, the police may enter the domicile or residence of a person without his consent, and the seat of a legal person without his consent of the legal representative thereof.
  

(3) if the person against whom the measure has been taken to medical hospitalisation is not found, the health authority shall refer the matter to the police for putting in tracking, as well as for putting in orders at border crossing points. A copy of the referral to the police asked to be sent to the Court of enforcement.
  

(4) the Health Unit has made admission shall, where it considers that the admission is no longer necessary to încunoştinţeze Court in whose district health unit is found.
  


Article 571, replacement or Maintenance measure medical termination of admission (1) on receipt of the Court of Justice, referred to in article încunoştinţării. 570 para. (4) has to carry out a forensic expertise.
  

(2) the Court shall pronounce upon referral. paragraph 1, 569. (3) or încunoştinţării. 570 para. (4) after hearing the Prosecutor's findings, the person against whom the measure is taken in the clinic when bringing it in before the Court it is possible, of his lawyer, as well as the wizard who compiled forensic expertise, when deemed necessary, and, where appropriate, the maintenance of medical hospitalisation, termination or replacement measure obliging to medical treatment.
  

(3) the termination or replacement measure in the clinic may be required and the person legally or by the Prosecutor. In this case, the Court has the making of medico-legal expertise. The provisions of article 568 para. (4) shall apply accordingly.
  


(4) if the person has no lawyer, she shall be permitted a lawyer ex officio.
  

(5) a copy of the final judgement which ordered maintenance, replacement or termination of medical hospitalisation shall be communicated to the Court of enforcement.
  


Article 572 of the provisional Safety Measures (1) where the measure obliging to medical treatment or medical hospitalisation was taken on a provisional basis in the course of criminal prosecution or enforcement of the judgment, shall be made by the judge of the rights and freedoms or of the Court who had taken such a measure.
  

(2) the provisions referred to in article 1. 566-571 shall apply accordingly.
  


Article 573 prohibition of exercise of the right to hold office or exercising a profession or other activity (1) so far as the prohibition of a functions, professions or activities are put into execution through a communication device in law to bring the body to carry out these measures and monitor their observance.
  

(2) this body has the duty to ensure the execution of the measure taken and to bring it to the prosecution in the case of evading from execution of the measure.
  

(3) a person in respect of whom the measure has been taken as referred to in art. 111 para. (1) of the penal code can ask the Court for revocation of the execution of the measure, according to art. 111 para. (2) of the penal code.
  

(4) the resolution of the application is done with the attendance of the person against whom the measure is taken, after hearing the advocate and its Prosecutor.
  


Article 574 enforcement of forfeiture and confiscation of extensive safety Measure of special confiscation or seizure, taken by the judgment of the Court, runs as follows: a) the things seized shall be submitted to the law enforcement agencies to take them over or harness according to the law;
  

b) if things seized lies in keeping the police or other institutions, with the execution of the delegated judge sends a copy of the decision of the body to which the device is located. After receipt of the copy on your device, things seized shall be submitted to the law enforcement agencies to take them over or harness according to the provisions of the law;
  

c) when the seizure relates to sums of money that have been recorded at the banking unit, the execution of the delegated judge shall send a copy of the judgment on the tax authorities, to enforce the forfeiture according to provisions on loans and advances;
  

d) when he ordered the destruction of things seized, it is done in the presence of the judge delegated with execution, addresses shall be-report which is submitted to the dossier of the case.
  

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Art. 574 has been modified by the point of article 332. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Section 4 of the bringing into force of the other provisions in article 575 (1) Warning Warning Execution takes place as soon as the meeting in which the judgment has been pronounced.
  

(2) If the warning cannot be executed immediately after the execution thereof shall be made at the final judgment, whether by communicating a copy on the person to whom it applies.
  


Article 576 Measures and obligations imposed by the Court (1) the implementation of measures and obligations referred to in article 1. 85 paragraph 4. (1) and (2) of the penal code, the provisions of article 3. 87, 93, 95, art. 101 paragraphs 1 and 2. (1) and (2) and of article 23. 103 of the penal code shall be effected by sending a copy of the probation service's judgment.
  

(2) if the obligations referred to in article 1. 85 paragraph 4. (2) (a). e)-j), at art. 93 para. (2) (a). d) and in article 8. 101 paragraphs 1 and 2. (2) (a). c)-g) of the criminal code, a statement on the ruling shall be sent to the competent authority or body to verify compliance.
  

— — — — — — — — —-. (2) of article 9. 576 has been modified by the point of article 333. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Section 5-the bringing into force of the fine and of expenses advanced by the State judicial Fines Article 577 (1) Amend the judicial enforcement of the judicial body that has applied to it.
  

(2) the execution is done by sending an extract from that part of the device that the application relates to the judicial body that fine, according to the law, implement the criminal fine.
  

(3) enforcement of fines to make judicial body in para. (2) judicial Expenditure. article 578 of the State (1) the provision of the judgment or order from Criminal Prosecutor concerning the obligation to pay expenses advanced in State run by sending an extract from that part of the device implementation of judicial expenses, according to the law, implement the criminal fine.
  

(2) where the person ordered to pay expenses the State does not submit the receipt of full payment thereof to the Court or to the execution unit, within 3 months of the remaining final decision or Ordinance of the Prosecutor, trial expenses is made by the body in para. (1) Section 6 of the bringing into force of the civil provisions of a judgment Article 579 valorizing and those things Refund uncollected (1) When by the decision of criminal restitution was ordered some things that are in the retention or disposition of the Court of execution, the refund shall be made by the judge delegated with the execution, by remission of those things as individuals. To this end, persons who are încunoştinţate to be allowed to repay it.
  

(2) If within six months of receipt of încunoştinţării people urged not to receive them, things pass in State ownership. Judge delegated with this conclusion finds execution and through the teaching of the law enforcement agencies of things, take them or capitalize according to provisions of the law.
  

(3) if the return of things could not be performed because there are no known persons to whom should they be returned, and no one claimed them within 6 months after the final decision of backwardness, are properly applicable paragraphs. 2. (4) where restitution was ordered things by the Prosecutor or by the criminal investigation, it shall proceed according to the provisions of paragraph 1. (1) to (3).
  

(5) When the decision was ordered criminal restitution of some things that are in the keeping of criminal investigation bodies, the refund shall be made by them, after receipt of the statement on the criminal judgment which ordered restitution, doing things according to para. 1. (6) If, within 6 months of receipt of încunoştinţării people urged not to receive them, things pass in State ownership. The research finds it by minutes and proceed according to paragraphs 1 and 2. (2) paragraph. (3) shall apply accordingly.
  


Article 580 declared false Pleadings (1) disposal of criminal judgment which declares in writing as fake in everything or partly runs or shall be put into execution by judge delegated with the execution.
  

(2) When the entry was declared false in his totality, it makes mention of it on each page, and in the case of a partial cancellation, only on pages that contain false.
  

(3) Entry stated the dossier of the case remains false.
  

(4) where it is necessary for the entry about bogus said to make mention in the basis of a public institution, i shall send a copy of its judgment.
  

(5) where, for any reason, the entry is not tampered with in the original file, the Court shall send a copy of the judgment of the public institutions that hold a copy of it or who hold certain registration particulars relating to it.
  

(6) the Court may order, when an apparent vested interest, receiving a copy, with the particulars referred to in paragraph 1. (2) the entry under hand forged. Under the same conditions, the Court may order restitution of partially falsified official official.
  


Article 581 of the Civil Remedies and judicial expenses provisions of criminal judgment regarding civil remedies and judicial expenses due to the parties is running according to civil law.


Chapter III other provisions concerning enforcement of section 1 changes in the execution of judgments Sentencing in the case of cancellation or revocation of the surrender at sentencing or postponement of the application of death penalty — — — — — — — — — — the name Section 1 of Cap. III, title V of the Special Part of amended item 129 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Article 581 ^ 1 Cancellation waiver from the application of the death penalty (1) Cancellation waiver is available at sentencing, ex officio or upon referral to the Prosecutor, the judge or the Court which tried the offence in the first instance what attracts cancellation.
  


(2) if it finds that article are fulfilled. 82 para. (3) of the penal code, the Court cancelled the renunciation to the application of the death penalty, has accused for the offence conviction in respect of which it had sentencing sets the penalty for it, then applying, where appropriate, provisions relating to competition offences, recidivism or intermediary plurality.
  

— — — — — — — — —-. (2) of article 9. 581 ^ 1 has been amended item 130 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(3) in determining the penalty for the offence in respect of which renunciation shall be cancelled at sentencing, the Court shall have regard to the criteria of individuation and exclusive circumstances due to which it was originally called opt-out solution to the application of the death penalty. The provisions of article paragraph 1, 396. (10) shall apply accordingly.
  

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Art. 581 ^ 1 was introduced by the pct. of article 335. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 582 revocation or cancellation of the postponement of the application of the death penalty (1) upon the revocation or cancellation of the postponement of the application of the death penalty is pronounced, ex officio or upon referral to the Prosecutor or probation officer, the Court which judges or tried in first instance the offense that could attract the revocation or cancellation.
  

(2) If, on expiry of the period provided for in art. 86 para. (4) (a). c) of the criminal code with respect to the person who was willing to postpone the application of the death penalty has not complied with the obligations laid down in the civil judgment which ordered the postponement, the probation service shall refer the matter to the competent court which ruled at first instance the postponement and eventual cancellation thereof. Referral can be submitted and of the Prosecutor or of the person concerned, until the expiry of the period of supervision.
  

(3) if it finds that article are fulfilled. 88 or 89 of the penal code, the Court annulled or, where appropriate, the application of the death penalty, revoking a postponement has conviction and execution of the punishment of the defendant set out by way of postponement, then applying, where appropriate, provisions relating to competition offences, recidivism or intermediary plurality.
  

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Art. 582 has been modified by the point of article 336. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Section 1 ^ 1 changes in execution of judgment — — — — — — — — — — section 1 ^ 1 of Cap. III of title V of the Special Part was introduced by the pct. 337, article. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 583 revocation or cancellation of the suspension of the sentence under supervision (1) upon the revocation or cancellation of the suspension of the sentence under supervision as referred to in art. 96 or 97 of the penal code shall, ex officio, the referral to the Prosecutor or probation officer, the Court which judges or tried in first instance the offense that could attract the revocation or cancellation.
  

(2) If, on expiry of the period provided for in art. 93 para. (5) of the penal code, the sentenced person has not complied with the obligations laid down in the civil judgment of conviction, the probation service shall refer the matter to the competent court which ruled at first instance to be suspended, in view of its revocation. Referral can be made and the Prosecutor, probation officer or by the person concerned, until the expiry of the period of supervision.
  

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Art. 583 was modified by item of article 338. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 584 Replacing prison punishment for life (1) Replacing the death penalty with life imprisonment on jail at the request of the Prosecutor or the person convicted by the Court, and if the person sentenced is in State ownership, by the proper Court in whose district lies the place of ownership.
  

(2) an order for the replacement, the remaining final, shall enforce according to the provisions of article 3. 555-557. Article 585 Other modifications of punishment (1) Punishment rendered may be altered, if the implementation or enforcement of the judgment in the course of execution of the penalty is established on the basis of any other final judgment, the existence of any of the following situations: a) the offences;
  

b) relapse;
  

intermediate c) plurality;
  

d) acts falling within the contents of the same offences.
  

— — — — — — — — —-. (1) of article 1. 585 was modified by pct article 339. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) the competent court to order abreast of the punishment is execution of the Court judgment or last, if the convicted person is in possession of the State, the Court in whose district lies the place of ownership.
  

(3) referral to the Court is made ex officio, at the request of the Prosecutor of the times condemned.
  

(4) upon receipt of the application, the presiding court has an attachment to file records and taking all necessary measures to settle the case.
  


Article 586 of the fine punishment with Replacement jail (1) replacement of the fine punishment with jail, in the case referred to in article 1. 63 of the penal code, the Court of enforcement.
  

(2) the appeal to the Court shall be made ex officio or by the body which under the law are running fine.
  

(3) the sentenced person is quoted in the judgment of the referral, and unless the court appoints counsel ex officio one.
  

(4) the sentenced person is deprived of liberty will be brought to trial.
  

(5) an order for the replacement, the remaining final, put into force according to the provisions of art. 555-557. Where a fine accompanied the jail, it will issue a new writ of execution for the resulting punishment under art. 63 para. (2) of the penal code.
  

(6) if the person convicted shall pay the fine over the resolution of the case, the appeal will be dismissed as unfounded.
  


Conditional Liberation Article 587 (1) Conditional Release shall be ordered, at the request or upon the proposal of the law on provisions made according to the enforcement of sentences by the Court in whose district lies the place of ownership.
  

(2) When the Court finds that the conditions are not met for granting parole, the decision of refusal after expiry of the time limit which secures the proposal or request will be renewed. The term cannot be longer than one year and run from any final judgment.
  

(3) judgment of the Court may be appealed to the Court of first instance in opposition whose constituency is located, the place of detention within three days of receipt. The appeal lodged by the Prosecutor is executing. suspensive
  

(4) a copy of the final judgment shall be communicated to the remaining service, probation and police unit in whose constituency resides at released.
  

— — — — — — — — —-. (4) article. 587 was modified by item of article 340. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 588 cancellation and revocation of parole (1) Upon cancellation of parole. 105 para. (1) of the penal code shall, ex officio or upon referral to the Prosecutor or probation officer, the Court which judges or tried in first instance the offence that attracts cancellation.
  

— — — — — — — — —-. (1) of article 1. 588 was modified by item 341 art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) the Court referred to in paragraph 1. (1) to pronounce upon parole revocation, in the situation referred to in article 1. 104 paragraphs 1 and 2. (2) of the penal code.
  

(3) the Court referred to in article 1. 587 para. (1) to pronounce upon parole revocation, in the situation referred to in article 1. 104 paragraphs 1 and 2. (1) of the penal code, the probation service referral, as well as in the case when the Court which judged him sentenced for another crime could not be pronounced in that regard.
  

— — — — — — — — —-. (3) art. 588 was modified by item 341 art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(4) the Court before which the judgment remained definitively shall communicate the place of detention and the probation service, where appropriate, a copy of the device which has ordered revocation of parole.
  

— — — — — — — — —-. (4) article. 588 was modified by item 341 art. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Section 2 of the postponement of the execution of prison sentence or life imprisonment Article 589 cases of procrastination (1) execution of prison sentence or life imprisonment may be revoked in the following cases:
  


When he is found,) on the basis of forensic expertise, that the person sentenced suffers from an illness that cannot be treated in the health network of the National Administration of penitentiaries and that makes it impossible for the immediate execution of the penalty, if the specifics of the disease does not permit treating it with securing permanent health network of the Ministry of health and if the Court considers that deferred execution and leaving at liberty not to pose a threat to public order. In this case, execution of punishment shall be postponed for a certain period;
  

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Lit. of paragraphs 1 to 5). (1) of article 1. 589 was amended by article 342 PTS. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

b) when a convicted is pregnant or has a child under one year of age. In these cases, the execution of the punishment shall be postponed until the end of the case that prompted the postponement.
  

(2) in the case referred to in paragraph 1. (1) (a). He deferred sentence), may not be ordered if the condemned and provoked the single State of illness, through the refusal of medical treatment, surgery, through actions of self harm or other harmful actions, or in the event that evade the forensic expertise.
  

(3) an application for a postponement of the execution of prison sentence or life imprisonment may be submitted by the Prosecutor and the convicted person.
  

(4) the application may be withdrawn by the person who made it.
  

(5) the decisions ordering deferment of execution of the sentence is enforceable from the date of pronouncement.
  

(6) where during the postponement of execution of sentence on behalf of detainee is issued another writ of execution of prison sentence, it cannot be executed until the expiry of the period of grace set by the Court or, where appropriate, until the termination of the case that prompted the postponement.
  

(7) a judgment by which the Court shall decide on the request for deferment of the sentence can be appealed to the superior court cannot be appealed, within 3 days of receipt.
  


Article 590 Obligations in the event of postponement of the execution of the convict (1) the duration of the deferment of the sentence, the sentenced person shall meet the following obligations: a) does not exceed the limit fixed territorial than in conditions set by the Court;
  

b) to get in touch, within a period specified by the Court, the police organ appointed by it in the Declaration of postponement of the execution of the prison sentence to be taken and to determine the means of permanent communication with the supervisory organ, and to submit to the Court whenever it is called;
  

c) not to change their dwelling without informing the Court that ordered the postponement;
  

d) not to hold, not to use and not to wear any category of weapons;
  

e) in the case referred to in article 1. 589 para. (1) (a). a), to submit to the health unit to make treatment, and for the case referred to in article 1. 589 para. (1) (a). (b)), to care for the child less than one year.
  

(2) the duration of the deferment of the sentence, the Court may require the detainee to comply with one or more of the following obligations: a) not to be placed in certain places or at certain sporting events, cultural or other public gatherings, as determined by the Court;
  

b) not communicate with any person, or with members of the families of the people who committed the crime or others, as determined by the Court, or don't come close to these;
  

c) does not lead any vehicle or certain vehicles.
  

(3) Repealed.
  

— — — — — — — — —-. (3) art. 590 was repealed by article point 343. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 591 (1) the competent court the competent court to rule on whether to grant the postponement of execution of sentence enforcement court.
  

(2) in the case referred to in article 1. 589 para. (1) (a). the request for postponement), the sentence shall be submitted to the judge delegated with execution, accompanied by medical records. Judge delegated with the execution of the Court's jurisdiction and verify, where appropriate, by terminating, refusing to settle competence the case or conducting forensic expertise. After receipt of the report of the forensic investigation cause court deciding execution, according to the provisions of this chapter.
  

(3) the Court of enforcement shall communicate its determination that had delaying the sentence, pronouncement, police body designated in the decision of postponing the execution of the prison sentence to get highlights, gendarmerie, police unit in whose constituency resides the convict, the competent authorities to issue passports, border enforcement, and other institutions, in order to ensure compliance with the obligations imposed on it. Law enforcement agencies denied passport or, where appropriate, provisional passport raises during the postponement.
  

— — — — — — — — —-. (3) art. 591 amended item 344, article. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(4) in the event of bad faith breach of the obligations set out under art. 590, the Court shall revoke the postponement of execution and implementation execution of custodial sentence. Police body appointed by the Court in the judgment with the supervision of the person to whom it was willing to postpone the sentence shall regularly verify compliance with the obligations of the condemned and prepares a monthly report by the Court of enforcement.
  

(5) if it finds violations of the obligations set out under art. 590, refer the matter to the police immediately, the Court of enforcement.
  

(6) the Court of execution keeps track of time granted and, on expiry, shall make arrangements for the issuance of the mandate of enforcement, and if the mandate was issued, shall take steps to bring it to fruition. If you have not set a deadline for adjournment, the judge delegate the execution of the Court of execution is bound to refer the matter to the Court of enforcement to verify the grounds for postponement of subsistence, and when they are found to have ceased to exist, to take action for the issuance of the mandate of execution times for bringing it to fruition.
  


Section 3 of the interruption of the execution of prison sentence or life imprisonment Article 592 Cases (1) the execution of prison sentence or life imprisonment may be interrupted in the cases and under the conditions laid down in article 21. 589, at the request of the persons referred to in paragraph 1. (3) of the same article, and in the case referred to in article 1. 589 para. (1) (a). ), and at the request of the prison administration.
  

— — — — — — — — —-. (1) of article 1. 592 was modified by item of article 345. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) the provisions of article 4. 590 and art. 591 para. (2) to (5) shall apply accordingly.
  

(3) the appeal lodged by the Prosecutor is executing standstill.
  


Article 593 (1) the competent authority shall be the competent Court to order upon interruption of sentence is Court in whose constituency is located, the place of detention shall be appropriate to the degree of enforcement.
  

(2) the application for an extension of the previously granted shall be interrupted by the Court which adjudicates willing an interruption of sentence.
  

(3) a judgment by which the Court to pronounce upon the application for discontinuance of the sentence can be appealed to the superior court cannot be appealed, within 3 days of receipt.
  


Article 594 records of interruption of the execution of criminal sentences (1) the Court which ordered the interruption of sentence shall immediately notify the Court of execution, place of detention and police body.
  

(2) the Court of enforcement and the administration of the place of detention shall keep a record of such interruptions. If at the expiry of the period of interruption the person sentenced to jail takes the place of detention, the administration shall immediately send a copy of the enforcement mandate of the police to enforce. On the copy of the execution mandate is stated and how to run it from the remaining duration of the punishment.
  

(3) the administration of the place of detention shall notify the enforcing court date at which he resumed serving.
  

(4) while the execution was interrupted does not count in the execution of the death penalty.
  

(5) Penalty runs and accessory for the duration of the interruption of the execution of prison sentence or imprisonment for life.
  


Section 4 Removal or modification of the sentence in article 595 Intervening criminal law new


(1) When a final judgment after any conviction or judgment by which it has been applied to an educational measure is involved a law no longer requires that the offence for which the deed was pronounced condemnation or a law that provides for a punishment or an educational measure easier than the running times are to be executed, the Court takes steps to comply with where appropriate, the provisions of article 3. 4 and 6 of the penal code.
  

(2) the provisions of paragraphs 1 and 2. (1) shall be made ex officio or at the request of the Prosecutor or the person sentenced by the Court, and if the person sentenced is in execution of the sentence or educational measure, the Court in whose district the degree place holder or, where appropriate, the educational centre detention centre.
  


Article 596 Amnesty or pardon (1) the application of Amnesty and pardon, when they intervene after final judgment, whether it is done by the judge delegate the execution of the Court, and if the condemned is in execution of the sentence, the judge delegate the execution of the appropriate court in whose district lies the place of ownership.
  

(2) the judge shall pronounce by concluding binding, given in the Council Chamber, with the participation of the Prosecutor.
  

(3) Against the conclusion pronounced according to para. (2) the notice of opposition may be declared by the Prosecutor within three days of delivery. The appeal is suspensive.
  


Chapter IV common provisions Article 597 of the enforcement Proceedings in the Court (1) When resolving situations covered in this title is given in court, presiding court has summoning interested parties and, in the cases referred to in article 1. 90, take steps to designate a lawyer ex officio. In the judgment in cases of interruption of the execution of prison sentence or imprisonment for life and shall cite misdemeanors in running convict punishment.
  

(2) the sentenced person to the detention or interned in an educational centre is brought to trial.
  

(2 ^ 1) The sentenced person to the detention or interned in an educational centre can attend court in order to resolve the situations covered by this title and via video conference, the place of detention, with his consent and in the presence of the defender chosen or appointed ex officio and, where appropriate, and the performer.
— — — — — — — — —-. (2 ^ 1), art. 597 was introduced by item 131 of the art. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.

(3) the participation of the Prosecutor is compulsory.
  

(4) after hearing the parties and the conclusions of the Prosecutor, the Court shall pronounce by sentence.
  

(5) the provisions of title III of the special party judgment which are not contrary to the provisions of this chapter shall apply accordingly.
  

(6) the provisions of paragraphs 1 and 2. (1) to (5) apply where solving one of the situations covered by this title is given to the Court in whose district lies the place of ownership. In this case, the solution is communicated to the Court of enforcement.
  

(8) judgments given at first instance in matters of execution according to this title may be appealed to the superior court cannot be appealed, within 3 days of receipt.
  

(8) judgment of the first instance judgment appeal is made in open court, with the attendance of the person convicted. The sentenced person to the detention or interned in an educational centre is brought to trial. The Prosecutor's participation is mandatory. Decision of the Court by which the appeal is final. solves The provisions of paragraphs 1 and 2. (5) shall apply accordingly.
  


Opposition to the enforcement of Article 598 (1) Appeal against the decision of the criminal execution may be made in the following cases: (a)) when he put into execution a judgment which was not final;
  

b) when enforcement is directed against another person than that provided for in the judgment of conviction;
  

c) when any question arises with respect to the judgement that runs or any foreclosure to execution;
  

d) when invoking prescription, Amnesty, pardon or any other cause of extinction of punishment times.
  

(2) in the cases referred to in paragraph 1. (1) (a). a), b) and d), the notice of opposition is made, where appropriate, to the Court under article 9. 597 para. (1) or (6), and in the case referred to in paragraph 1. (1) (a). (c)), the Court pronounced the judgment of what is running. If the concern relates to a provision from a judgment given in the appeal or appeal in cassation, the competence lies with, where appropriate, the Court of appeal or the High Court of Cassation and justice.
  


Article 599 of the opposition Resolution upon execution (1) the procedure for resolving the appeal upon execution is one set out in art. 597. (2) if indicated in article 10. 598 para. (1) (a). d), if the judgment is not put into execution data and the existence of which depends on the resolution of opposition, finding them is made by the court competent to judge the appeal.
  

(3) the application may be withdrawn by the convicted person or the Prosecutor, when it is sought.
  

(4) After delivery of the final solution as a result of the acceptance of the opposition to the execution, a new enforcement pursuant to the procedure provided for in this title.
  

(5) the subsequent applications of opposition to execution are inadmissible if there is identity of person, legal, grounds and defenses.
  

— — — — — — — — —-. (5) article. 599 was introduced by the pct. of article 346. 102, title III of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 600 Opposition on the implementation of the provisions of (1) Opposition to the execution of the provisions of the civil judgment is made, in the cases referred to in article 1. 598 para. (1) (a). the a and b)), the Court of enforcement provided for in art. 597, and in the case referred to in article 1. 598 para. (1) (a). (c)), the Court pronounced the judgment of what is running. The provisions of article 598 para. (2) the second sentence shall apply accordingly.
  

(2) the provisions of article 4. 597 para. (1) to (5) shall apply accordingly.
  

(3) the appeal against acts by the Court shall be settled according to civil law.
  


Article 601 Opposition regarding judicial fines (1) Appeal against judicial execution of fines by the court deciding that put them into execution.
  

(2) the provisions of article 4. 597 para. (1) to (5) shall apply accordingly.
  


Article 601 ^ 1 fictitious Claims settlement provided for by this title in respect of which it appears that it does not concern a person sentenced determined times against a person that cannot be determined, as well as claims brought on behalf of a convicted person, without mandate from its side, given in accordance with the law, are inadmissible.
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Art. 601 ^ 1 was introduced by the pct. of article 132. The EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 of 23 May 2016.


Title VI final provisions Article 602 of the Criminal Code in Terms explain Terms or expressions which are increasingly understood as specifically explained in the Criminal Code have the same meaning and in the code of criminal procedure.


Article 603 entry into force (1) this code shall enter into force on the date which will be determined by the implementing law.
  

(2) within 12 months from the date of publication of this code in the Official Gazette of Romania, part I, the Government will submit to Parliament for adoption the draft law for the implementation of the code of criminal procedure.
  

This law was adopted in the Romanian Parliament, in compliance with the provisions of art. 75 and of art. 76 para. (1) of the Constitution of Romania, republished.

PRESIDENT of the CHAMBER of DEPUTIES ROBERTA ALMA ANASTASE SENATE PRESIDENT MIRCEA GEOANA d Bucharest, July 1, 2010.
No. 135.
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