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Law No. 230 Of 30 November 2010 Amending And Supplementing Law No. 678/2001 On Preventing And Combating Trafficking In Persons

Original Language Title:  LEGE nr. 230 din 30 noiembrie 2010 pentru modificarea şi completarea Legii nr. 678/2001 privind prevenirea şi combaterea traficului de persoane

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LEGE no. 230 230 of 30 November 2010 to amend and supplement Law no. 678/2001 on preventing and combating trafficking in human beings
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 812 812 of 6 December 2010



The Romanian Parliament adopts this law + Article I Law no. 678/2001 on the prevention and control of human trafficking, published in the Official Gazette of Romania, Part I, no. 783 of 11 December 2001, as amended and supplemented, shall be amended and supplemented as follows: 1. in Article 2, point 2, points c) and d) shall be amended and shall read as follows: " c) obliging to practice prostitution, begging, pornographic representations in order to produce and disseminate pornographic material or other forms of sexual exploitation; d) procurement of organs, tissues or cells of human origin, in violation of legal provisions; ". 2. In Article 2, after point 2, a new point is inserted, point 3, with the following contents: " 3. through the victim of human trafficking is understood the natural person, passive subject of the facts provided in art. 12 12, 13, 15, 17 and 18, whether or not they participate in the criminal trial as an injured party. " 3. Article 4 is amended and shall read as follows: "" Art. 4. -Ministry of Foreign Affairs, Ministry of Labour, Family and Social Protection, Ministry of Administration and Interior, through the General Inspectorate of the Romanian Police, Ministry of Education, Research, Youth and Sports, Ministry of Health, The Ministry of Justice, the local public administration authorities, as well as other governmental bodies responsible for trafficking in human beings take the necessary measures for the application, in their fields of activity, of the National Strategy against human trafficking and the National Action Plan for its implementation. " 4. In Article 5, paragraph 2 shall be amended and shall read as follows: " (2) The Ministry of Foreign Affairs and the Ministry of Administration and Interior shall adopt the necessary measures, based on the legislation governing the regime of foreigners in Romania, in order to prevent the access to the territory of Romania the link with which there are strong indications that they are involved in human trafficking within the meaning of this Law. " 5. Article 7 is amended and shall read as follows: "" Art. 7. -The General Inspectorate of the Romanian Police carries out and broadcasts documentary materials on the risks to which people, potential victims of human trafficking, can be exposed. " 6. Article 8 is amended and shall read as follows: "" Art. 8. -The Ministry of Education, Research, Youth and Sports realizes, individually or in partnership with the other ministries involved and/or with non-governmental organizations with activity in the field, educational programs in order to prevent traffic of persons, as follows: a) educational activities in the area of formal and non-formal education for students in pre-university education and students in university education; b) activities to inform and advise parents and students on the consequences of human trafficking; c) seminars to inform teachers in the field of children's rights and human trafficking. " 7. Article 9 is amended and shall read as follows: "" Art. 9. -(1) The General Inspectorate of the Romanian Police, with the support of other institutions and organizations with attributions in the field, performs and updates the database on the phenomenon of human trafficking, monitors and periodically evaluates this phenomenon, taking into account both the perpetrators and the victims of human trafficking, as well as the legal persons involved in the commission of the crime of human trafficking. (2) The establishment and updating of the database on the phenomenon of human trafficking shall be carried out through the care of each institution within the Ministry of Administration and Interior provided in par. (1), in the specific field of activity. (3) The semi-annual publication of statistical information and the annual publication of the report on the phenomenon of human trafficking shall be made by the General Inspectorate of the Romanian Police. " 8. Article 10 is amended and shall read as follows: "" Art. 10. -The General Inspectorate of the Romanian Police, with the support of other institutions and organizations with attributions in the field, carries out periodic studies in order to identify the causes that determine the conditions that favor human trafficking. 9. Article 11 is amended and shall read as follows: "" Art. 11. -For the prevention of human trafficking, the General Inspectorate of the Romanian Police, in cooperation with the interested institutions, as well as with non-governmental organizations, international organizations and civil society representatives employed in the prevention of trafficking in human beings, the protection and assistance of its victims, organizes information campaigns on the phenomenon of trafficking in human beings and the risks to which its victims are subjected. " 10. In Article 12, paragraph 1 shall be amended and shall read as follows: "" Art. 12. -(1) It constitutes the offence of trafficking of persons the recruitment, transportation, transfer, accommodation or reception of a person, by threat, violence or other forms of coercion, by kidnapping, fraud or deception, abuse of authority or taking advantage of the impossibility of that person to defend himself or to express his will or by offering, giving, accepting or receiving money or other benefits for obtaining the consent of the person who has authority over another person, in the purpose of the exploitation of this person, and is punishable by imprisonment from 3 years to 10 years and prohibition of rights. " 11. In Article 13, paragraph 3 shall be amended and shall read as follows: " (3) If the facts provided in par. (1) and (2) are committed under the conditions provided in art. 12 12 para. (2) or by a family member, the punishment is imprisonment from 7 years to 18 years and the prohibition of some rights, in the case provided in par. (1), and imprisonment from 10 years to 20 years and prohibition of some rights, in the case provided in par. ((2). ' 12. After Article 14, a new article is inserted, Article 14 ^ 1, with the following contents: "" Art. 14 14 ^ 1. -Deed to use the services provided in art. 2 2 section 2, provided by a person who the beneficiary knows is the victim of human trafficking or trafficking in minors, is punishable by imprisonment from 6 months to 3 years or a fine, if the act does not constitute a more serious crime. " 13. Article 17 (2) shall be repealed. 14. After Article 18, a new article is inserted, Article 18 ^ 1, with the following contents: "" Art. 18 18 ^ 1. -If one of the facts provided in art. 12, 13, 15, 17 and 18 was committed by a legal person, in addition to the punishment of the fine, the complementary punishment of the dissolution of the legal person or the suspension of the activity or of one of the activities of the legal person, as the case may be. " 15. In Article 20, paragraph 1 shall be amended and shall read as follows: "" Art. 20. -(1) Person subject to human trafficking, who has committed, as a result of his exploitation, the crime of prostitution, of begging, fraudulent crossing of the border of a state or donation of organs or cells or cells of human origin, in the conditions of art. 157 157 para. ((1) of Law no. 95/2006 on health reform, with subsequent amendments and completions, shall not be punishable for these offences. " 16. In Article 24, paragraphs 2 and 3 shall be amended and shall read as follows: " (2) Upon conduct of the judgment under the conditions of para. (1) may assist the parties, their representatives, the defenders, representatives of the General Inspectorate of the Romanian Police specialized in preventing human trafficking, as well as other persons whose presence is considered necessary by the court. (3) In the cases concerning the offences provided for in this Law, the hearing of the minor who has not reached the age of 14 is made in the presence of at least one of the parents or another legal representative, being also mandatory psychologist, respectively a representative of the general directorate of social assistance and child protection. " 17. Article 26 is amended and shall read as follows: "" Art. 26. -(1) Persons injured by the crimes provided for in this law, as well as other victims of these crimes are specifically granted protection and physical, psychological, medical, legal and social assistance. (2) Victims of human trafficking, given that they provide the prosecution bodies or the court with data and information of a determining character for the identification and criminal liability of the authors, may be included in Witness protection program, according to the law. (3) The privacy and identity of victims of trafficking in human beings are protected under this law. (4) The victims of the crimes provided for in this Law are entitled to their physical, psychological and social recovery. (5) Minors, victims of the crimes provided for in this law, are granted protection and special assistance, in relation to their age. (6) To women, victims of the offences provided for in this Act, and to those who are at high risk of becoming victims of these crimes are given specific protection and social assistance. " 18. Article 27 is amended and shall read as follows: "" Art. 27. -(1) At the request of judicial bodies, the Ministry of Administration and Interior provides physical protection for victims of human trafficking, as well as for members of groups, foundations, associations or non-governmental organizations that carry out activities to assist them, under the conditions established by the implementing regulation of this law. (2) The General Inspectorate of the Romanian Police, in cooperation with the interested institutions, as well as with non-governmental organizations, international organizations and civil society representatives engaged in the protection and assistance of victims of trafficking people, provide them with psychological support and assistance necessary for social integration. (3) The General Inspectorate of the Romanian Police monitors the assistance provided to the victim of human trafficking and supports its participation in the activity of prosecution and trial, carrying out activities aimed at facilitating the act of justice. " 19. After Article 27, two new articles are inserted, Articles 27 ^ 1 and 27 ^ 2, with the following contents: "" Art. 27 27 ^ 1. -Medical assistance for victims of human trafficking shall be ensured in accordance with the normative acts governing the health insurance matter. Article 27 ^ 2. -(1) In order to improve the access of victims of human trafficking to assistance and protection services, institutions and non-governmental organizations with attributions in the field cooperate to implement the National Mechanism of identification and reference of victims of human trafficking. (2) The mechanism provided in par. (1) is approved by joint order of the Minister of Administration and Interior, the Minister of Education, Research, Youth and Sports, the Minister of Health, the Minister of Labour, Family and Social Protection, the Minister of Affairs external, of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice and the Minister of Justice and has as its object the establishment of ways of identifying the victims of human trafficking and the procedure of entrusting to providers of protection and assistance services. (3) Monitoring the functioning of the National Mechanism for the identification and reference of victims of human trafficking is ensured by the General Inspectorate of the Romanian Police. " 20. in Article 28, a new paragraph (2) is inserted, with the following contents: "(2) In order to repatriate Romanian citizens victims of human trafficking, the Ministry of Foreign Affairs ensures their transport." 21. In Article 30, paragraph 3 shall be amended and shall read as follows: " (3) The diplomatic missions and consular offices of Romania abroad shall publish, by electronic means, information on national and foreign state legislation in the field, contact details of the General Inspectorate of Romanian police, as well as of the territorial units subordinated to it. " 22. Article 32 is amended and shall read as follows: "" Art. 32. -(1) Victims of human trafficking may be accommodated, upon request, temporarily, in centres for the assistance and protection of victims of trafficking in human beings, hereinafter referred to as centres, or in sheltered housing for victims of human trafficking, established by this Law, hereinafter referred to as sheltered housing. (2) The centers operate under the county councils of Arad, Botosani, Galati, Giurgiu, Iasi, Ilfov, Mehedinti, Satu Mare and Timis. (3) Protected housing represents the social settlement, without legal personality, developed to ensure the victims of human trafficking of family-type hosting in protected system and assistance, in order to reintegrate them. (4) Protected housing is organized and operates under the general directions of social assistance and child protection. (5) The duration of accommodation in centers, respectively in protected housing is established by decision of the county council, for no more than 90 days. (6) The duration of accommodation in the centers or in the protected dwellings may be extended, by decision of the county council, at the request of the judicial bodies, by no more than 6 months or, as the case may be, until the criminal (7) Protected centers and dwellings are arranged and equipped so as to provide civilized conditions of accommodation and personal hygiene, food, psychological and medical assistance. (8) Assistance services for adult victims of trafficking in human beings are set up within the framework of the general directorates of social assistance and child protection. (9) Financing of current and capital expenditures for the centers referred to in par. (2), as well as for the protected housing provided in par. (4) is carried out from the local budgets of the counties whose administrative-territorial range works. ((10) The costs related to the accommodation, assistance and protection of victims of human trafficking, as well as to their transport between the administrative-territorial units where the centre or the sheltered dwelling has been identified where they are to be accommodated/assisted shall be borne from the local budget of the county on whose administrative-territorial radius operates the protected center or dwelling. (11) Depending on the evolution of the phenomenon of human trafficking in Romania, the General Council of Bucharest Municipality or county councils, other than those provided in par. (2), may establish centers under the conditions of par. ((7), (9) and (10). ' 23. In Article 34, paragraph 1 shall be amended and shall read as follows: "" Art. 34. -(1) The organization and functioning regulations of the protected centers and dwellings, as well as their organizational structure, shall be approved by the county council or, as the case may be, by the General Council of Bucharest, in consultation with the inspector general of the General Inspectorate of the Romanian Police. " 24. Article 34 (3) shall be repealed. 25. Article 35 is amended and shall read as follows: "" Art. 35. -(1) The county employment agencies shall organize for free, under the law, short-term special programs for the professional training of the fallen victims. (2) Also, the agencies provided in par. (1) provides free, as a priority, to victims of trafficking in persons services of counseling and mediation of work, in order to identify a job. (3) Persons with high risk of being trafficked and victims of human trafficking, who have the right to work in Romania, benefit free of charge, as a priority, from the services offered by the county employment agencies, respectively Bucharest Municipality, according to the legal norms on unemployment insurance system and employment stimulation. " 26. Article 38 is amended and shall read as follows: "" Art. 38. -(1) Foreigners victims of human trafficking can be accommodated in specially arranged centers Government Emergency Ordinance no. 194/2002 on the regime of foreigners in Romania, republished, with subsequent additions, without the need to take them into public custody. To this end, the administration of the centers sets up special spaces, separated from those intended for the accommodation of foreigners taken into public custody. (2) Foreigners victims of human trafficking, applicants of a form of protection in Romania, can be accommodated in the specially arranged centers Law no. 122/2006 on asylum in Romania, with subsequent amendments and completions. (3) The accommodation of persons referred to in par. ((1) is approved by the Director General of the Romanian Immigration Office, at the written request of the competent authorities. (4) Foreigners victims of trafficking in human beings are informed in the places of accommodation, in a language they understand, of the judicial and administrative procedures applied and can benefit from psychological counseling, medical assistance and social, as well as medicines and food under the same conditions as the victims of Romanian citizens. " 27. After Article 38, a new article is inserted, Article 38 ^ 1, with the following contents: "" Art. 38 38 ^ 1. -The provisions on victims of trafficking in Romanian citizens also apply to victims of trafficking in citizens of a Member State of the European Union or of the European Economic Area. " 28. Article 39 is amended and shall read as follows: "" Art. 39. -If foreigners, victims of human trafficking, do not possess any identity documents or it has been lost, stolen or destroyed, the Ministry of Administration and Interior can request embassies accredited in Romania to issue a new passport or travel title, as the case may be, for them, except for the case of asylum seekers or beneficiaries of protection in Romania. " 29. In Article 39 ^ 1, paragraph (1) is amended and shall read as follows: "" Art. 39 39 ^ 1. -(1) Foreigners on which there are serious reasons to consider themselves to be victims of human trafficking benefit from a period of recovery and reflection of up to 90 days, to recover, come out from under the influence of perpetrators and make an informed decision on cooperation with the competent authorities, during which they are granted by the Romanian Immigration Office, at the request of the prosecutor or the court, the tolerance of remaining on the territory of Romania. In the period of recovery and reflection, foreigners benefit from the rights provided in art. 38 38. " 30. in Article 39 ^ 1, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) The period of reflection shall cease in any of the following cases: a) it is found that victims of human trafficking restore, on their own initiative, contact with criminals; b) there is a danger to public order and national security; c) the status of the victim was unjustifiably invoked. " 31. After Article 39 ^ 1 a new article is inserted, Article 39 ^ 2, with the following contents: "" Art. 39 39 ^ 2. -(1) Romanian citizens on which there are strong reasons to consider themselves to be victims of human trafficking benefit from a period of recovery and reflection of up to 90 days, either to be allowed to recover or to recover. to avoid the influence of traffickers, or to make an informed decision on cooperation with the competent authorities. (2) In the period of recovery and reflection, Romanian citizens benefit from psychological counseling, medical and social assistance, medicines and food, as well as accommodation, on request, in protected centers or dwellings and are informed with the applicable judicial and administrative procedures. (. The period of reflection shall cease in any of the following cases: a) it is found that victims of human trafficking restore, on their own initiative, contact with criminals; b) there is a danger to public order and national security; c) the status of the victim was unjustifiably invoked. " 32. Article 41 is amended and shall read as follows: "" Art. 41. -Minors who accompany the victims of human trafficking or who are themselves victims are properly applied to the provisions regarding the regime of foreigners in Romania. " 33. Article 43 is amended and shall read as follows: "" Art. 43. -The victims of the offences provided for in this Act shall be informed of the applicable judicial and administrative procedures. " 34. Article 44 is amended and shall read as follows: "" Art. 44. -(1) Persons referred to in art. 43 are provided with mandatory legal assistance in order to be able to exercise their rights in criminal proceedings provided by law, in all phases of the criminal proceedings, and to support their claims and civil claims to persons who have committed the crimes provided by this law, in which they are involved. (2) Provisions Head. IV of Law no. 211/2004 on certain measures to ensure the protection of victims of crime, as amended and supplemented, relating to the free legal assistance of victims of criminal offences shall also apply to victims of trafficking in persons. " + Article II The Ministry of Public Finance is authorized to supplement the local budgets of the counties with the amounts necessary to apply this law, at the request of the main authorising officers of the local budgets. + Article III Law no. 678/2001 on the prevention and control of human trafficking, published in the Official Gazette of Romania, Part I, no. 783 of December 11, 2001, with subsequent amendments and completions, as well as with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Romanian Parliament, under the conditions art. 77 77 para. ((2) ,, in compliance with provisions art. 75 and ale art. 76 76 para. (1) of the Romanian Constitution, republished . CHAMBER OF DEPUTIES PRESIDENT ROBERTA ALMA ANASTASE SENATE PRESIDENT MIRCEA-DAN GEOANA Bucharest, November 30, 2010. No. 230. _________