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Law No. 253 Of 19 July 2013 To The Execution Of Sentences, Educational Measures And Other Non-Custodial Measures Ordered By The Judicial Organs In The Course Of The Criminal Process

Original Language Title:  LEGE nr. 253 din 19 iulie 2013 privind executarea pedepselor, a măsurilor educative şi a altor măsuri neprivative de libertate dispuse de organele judiciare în cursul procesului penal

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LEGE no. 253 253 of 19 July 2013 (* updated *) on the execution of penalties, educational measures and other non-custodial measures ordered by judicial bodies during the criminal proceedings ((updated until 23 July 2016 *)
ISSUER PARLIAMENT




---------- The Romanian Parliament adopts this law + Title I General provisions + Chapter I Scope and purpose of regulation + Article 1 Regulatory area This law regulates the manner and conditions in which they are executed a) penalty of fine; b) the accessory punishment; c) complementary penalties: prohibition of the exercise of rights, military degradation, publication of the sentencing decision, dissolution of the legal person, suspension of the activity or of one of the activities of the legal person, closure of some points work of the legal person, prohibition to participate in public procurement procedures, placement under judicial supervision, display or publication of the sentencing decision; d) surveillance measures and obligations imposed by the court in case of postponement of the application of the sentence, suspension of execution of sentence under supervision and conditional release; e) non-custodial educational measures: civic training, supervision, recording at weekends; daily assistance; f) the obligations imposed by the court in the case of the minor's release from the execution of a custodial educational measure; g) non-custodial measures ordered by judicial bodies during the criminal proceedings: judicial review, judicial control on bail; h) the obligations imposed by the court in case of postponement or interruption of execution of the sentence; i) the obligations imposed by the prosecutor in case of the disposition of the waiver of the prosecution. + Article 2 Definitions For the purposes of this law, the following expressions have the following meaning: a) institutions in the community-public authorities and institutions, non-governmental organizations and other legal entities participating in the execution of non-custodial sentences or measures through collaboration at the level of the local community with the authorities directly responsible for ensuring the execution of such penalties or measures b) supervisory term or duration of supervision designates the time frame in which the person was ordered to postpone the application of the sentence, suspension under supervision of the execution of the sentence, conditional release or an educational measure non-custodial, in the case of minors, must comply with the obligations or supervisory measures ordered by the court in its task. + Article 3 Law purpose (1) By regulating the execution of penalties, educational measures and other measures provided for in art. 1 aims to ensure the balance between the protection of society by maintaining the order of law, preventing the commission of new crimes, and maintaining in the community the person who committed one or more acts provided by the criminal law. (2) The purpose of the procedural measures provided in art. 1 lit. g) is to ensure the proper conduct of the criminal proceedings, to prevent the defendant from prosecution or from trial or to prevent the commission of crimes, in the conditions of promoting alternative measures to pre-trial detention. + Chapter II Principles + Article 4 Legality of execution Execution of penalties, educational measures and other measures provided for in art. 1 ordered by judicial bodies during the criminal proceedings, non-custodial, shall be carried out in accordance with the provisions of Law no. 286/2009 on the Criminal Code, with subsequent amendments and completions, of Law no. 135/2010 on the Code of Criminal Procedure, the present law and other regulations in the matter. + Article 5 Article 3 Penalties, postponement of the application of the sentence, educational measures and other measures provided in art. 1, non-custodial, shall be executed only on the basis of the final judicial decisions, and other non-custodial measures taken during the criminal proceedings shall be carried out under the provisions of the judicial bodies. + Article 6 Respect for fundamental rights and freedoms Penalties, educational measures and other measures provided for in art. 1 ordered by judicial bodies during the criminal trial, non-custodial, are executed in conditions that ensure respect for fundamental rights and freedoms, with the limitations inherent in the nature and content of these penalties and measures. + Article 7 Respect for human dignity (1) The penalties, educational measures and other measures provided for in art. 1, ordered by judicial bodies during the criminal trial, non-custodial, shall be executed in conditions to ensure respect for human dignity. (2) Execution of penalties and measures provided in par. ((1) may not involve the application of inhuman or degrading treatment. + Article 8 Respect for the right to privacy (1) The penalties, educational measures and other measures provided for in art. 1 ordered by judicial bodies during the criminal trial, non-custodial, are executed in conditions that do not restrict the exercise of the right to privacy more than is inherent in their nature and content. (2) Shooting or audiovideo recording of persons performing the obligations provided in art. 85 85 para. ((2) lit. a)-c), art. 93 93 para. ((2) lit. a)-c), art. 101 101 para. ((2) lit. a) and b) and art. 121 121 para. ((1) lit. a) of Law no. 286/2009 , with subsequent amendments and completions, by persons who provide or contribute to the execution of these obligations cannot be done without the consent of the supervised person. + Article 9 Respect for confidentiality and personal data Natural and legal persons involved in the execution of penalties, educational measures and other measures provided for in art. 1 are obliged to respect the confidentiality and rules of protection of personal data, provided by the regulations in the matter. + Article 10 Prohibition of During the execution of penalties, educational measures and other measures provided for in art. 1 ordered by judicial bodies during the criminal proceedings, non-custodians, is prohibited any form of discrimination on the basis of race, nationality, ethnicity, language, religion, gender, sexual orientation, opinion or political affiliation, wealth, Social origin, age, disability, chronic non-contagious disease or HIV/AIDS or other circumstances of the same kind. + Article 11 Informing the person who does not speak, does not understand the Romanian language or cannot express himself (1) Information of the person in execution of penalties, educational measures or other measures provided in art. 1 ordered by judicial bodies during the criminal proceedings, non-custodians, who do not speak or understand the Romanian language or cannot express themselves, regarding the content of the punishment or measure ordered, as well as on the main acts carried out in the procedure of their execution is made in a language, respectively in a language that it understands, through an authorized translator and interpreter or through an interpreter of mimic-gestural language, paid from state budget, through the Ministry of Justice budget. (2) In the case of Romanian citizens belonging to a national minority, the information provided in par. (1) shall be made in their mother tongue, at the request of the person. (3) The information provided in par. (1) may also be made by a probation counselor or, as the case may be, by the representative of the authority responsible for the execution of penalties, educational measures or other measures provided for in art. 1, which knows the language or language used by the person concerned, with its consent, under the conditions established by the implementing regulation of this law. + Article 12 Involvement of the person and community in execution (1) The execution of penalties, educational measures and other measures provided for in art. 1 ordered by judicial bodies during the criminal trial, non-custodial, is based on the cooperation of the person in execution and the active involvement of institutions in the community. (2) In order to ensure effective cooperation of the person in execution, he shall have the right to request the institution which ensures the execution of the measure in the light of the content of the sentence or of the measure it executes. + Article 13 Cost support (1) If, exceptionally, during the execution of penalties, educational measures and other measures provided for in art. 1, ordered by judicial bodies during the criminal, non-custodial process, it is necessary to carry out expenses, pay taxes or contributions, they will be borne by the data subjects, except in situations where people do not have sufficient money. (2) Only persons or persons from whose families, in the last two months prior to the application for the exemption from the payment of the expenses provided in par. (1), has been recognized the right to social assistance, by issuing the provision by the mayor, under the conditions Law no. 416/2001 on the guaranteed minimum income, with subsequent amendments and completions, and/or at the family support allowance, under the conditions Law no. 277/2010 on the family support allowance, republished, as amended. In this case, the amounts provided in par. (1) shall be borne entirely from the state budget, through the budget of the Ministry of Justice. + Chapter III Judicial nature of enforcement + Article 14 Judge delegated with the execution (. The executing court shall annually delegate one or more of its judges for the coordination of activities relating to the enforcement of judgments. (2) The judge delegated with the execution of a sentence or non-custodial measures remains, as a rule, the same throughout the period of execution. (3) The activity specific to the surveillance process carried out by the probation service or by the other authorities responsible for the execution of penalties, educational measures or other measures provided for in art. 1 and by the institutions in the community are conducted under the guidance and control of the judge delegated with execution + Article 15 Duties of the Judge Delegated In carrying out the activity of guidance and control of the execution of educational penalties and measures and other measures provided for by this law, non-custodial, the judge delegated with the execution exercises the following duties: a) ensure the execution, by communication, to the probation service and other institutions provided by the present law involved in the execution of the penalties and non-custodial measures, of the children of the judgment or, as the case may be, from its device, which ordered these penalties or measures; b) ensure the execution of non-custodial educational measures, by exercising the powers provided by this law; c) notify the executing court if, on the occasion of the execution of the judgment or in the course of execution, any concerns arise or prevented; d) solve the incidents arising in the course of execution by law in its competence; e) notify the executing court, in the cases provided by this law, for the modification of the content, replacement, termination of some obligations or revocation of some non-custodial sentences or measures; f) resolves complaints against decisions of the probation counsellor; g) impose judicial fines in the case of the commission of judicial misconduct provided by this law; h) performs other duties given by law in its competence. + Article 16 Acts of the Judge Delegated (1) In carrying out the duties provided in art. 15 lit. c) and e), the judge delegated with the execution shall draw up a referral address in which he records the circumstances found, which he submits to the court. (2) In carrying out the duties provided in art. 15 lit. d), f) and g), the judge delegated with the execution shall be pronounced by conclusion. The terminations issued in the exercise of the duties provided in 15 lit. d) and f) are not subject to any remedy. (3) In carrying out the duties provided in art. 15 lit. a) and b), the delegated judge issues addresses or provisions. + Article 17 Relationship of the probation counsel with the judge delegated with the execution (1) The probation counsel is obliged to immediately inform the delegated judge with the execution of any doubt, preventing or incident occurred during the execution of which the resolution returns, according to the law, to the judge. (2) If, for the complaint of the court according to art. 15 lit. e), the law provides for prior consultation by the judge of a report or evaluation reference, at the request of the judge, the probation counselor conveys the report or the evaluation reference within 14 days from the date of receipt of the request to the probation service. The failure to submit the report or the assessment reference within the prescribed period shall not preclude the hearing of the court by the executing judge. (3) In the cases expressly provided for by law, the probation counselor issues decisions that are mandatory for the persons in surveillance and the institutions in the community concerned. (4) Against the decisions of the probation counsel, the person or institution in the community concerned may complain to the judge delegated with the execution. The complaint of the supervised person does not suspend the execution of the (5) You cannot complain against the complaint of the court made by the probation counselor in cases where the complaint is of its competence. (6) The complaint shall be settled in the council chamber, after hearing the petitioner and the probation counsellor. Failure to present the quoted legal parties does not prevent the complaint. + Chapter IV Collaboration with institutions in the community in the execution of sentences and non-custodial measures + Article 18 Participation of institutions in the community in the execution of sentences and non-custodial measures (1) The organization and conduct of the execution of penalties and non-custodial measures shall be made, in the cases provided by law, by institutions in the community, under the coordination of the probation service. (2) Legal persons under public law may be involved in the activities referred to in par. (1) and participate in their conduct, by decision of the probation counselor or, as the case may be, by disposition of the judge delegated with execution. (3) The legal person under public law cannot refuse to carry out, under the conditions of paragraph ((1), of an activity that does not involve the bearing of additional expenses, other than those inherent in that activity. Unjustified refusal constitutes judicial misconduct and is sanctioned according to art. 19. (4) If the activity established by the probation counselor or, as the case may be, the judge delegated with the execution involves the allocation of additional budgetary resources other than those inherent in that activity, by the person public law, the conduct of that activity cannot be ordered without the consent of the legal person concerned. (5) Legal persons of private law may be involved in the activities referred to in par. (1) if they are empowered according to art. 20. (6) Institutions in the community participating in the execution of penalties and non-custodial measures must comply in their work with minimum working standards in probation for community institutions approved by decision of the Government. + Article 19 Judicial misconduct (1) Failure or improper performance of the tasks established in the task of community institutions participating in the execution of penalties and non-custodial measures constitute judicial misconduct and shall be sanctioned with Judicial fine from 500 lei to 5,000 lei. (2) The criteria on the basis of which the non-performance or improper performance of the tasks established in the task of the institutions in the community is assessed shall be established by the implementing regulation (3) Judicial fine provided in par. ((1) shall apply by the judge delegated with the execution. The procedure for a judicial fine is that provided for in art. 284 284 of Law no. 135/2010 ,, which shall apply accordingly. (4) The referral of the judge delegated with the execution shall be made by the probation service or ex officio. + Article 20 Procedure for the empowerment of associations, foundations and companies (1) The empowerment of associations, foundations and companies between those provided in art. 21 is granted upon request by the judge delegated with the execution of the tribunal in the constituency to which they are based. (2) The application for empowerment shall be accompanied by the following documents: a) a copy of the conclusion regarding the registration of the commercial company at the commercial register, namely the registration of the association or foundation in the Register of Associations b) a copy of the articles of association and the status of the legal person c) balance sheet and revenue and expenditure budget for the last 3 years; d) a presentation of the activities to be organized within the legal person, their compatibility with the standards provided in art. 18 18 para. ((6), as well as the conditions under which these activities may be carried out; e) other accreditations or skills relevant to the activity for which the empowerment is requested. (3) The judge delegated with the execution, receiving the request, requests the Directorate of Probation for the preparation within two months of a report. (4) When drawing up the report referred to in paragraph (3), the Probation Directorate will request information and documents from the service or probation services in whose territorial constituency the association, the foundation or the commercial company between those provided for to art. 21. (5) The judge shall rule in the council chamber, with the summoning of the person requesting the empowerment and of the Probation Directorate. ((6) The empowerment is granted by final conclusion, for a period of 5 years. A copy of the conclusion by which the application for empowerment was granted shall be communicated to the Probation Directorate, in order to register the person in a database constituted at national level. ((7) Empowerment may be withdrawn by the judge delegated with the execution of the tribunal which granted it, by final conclusion, ex officio or upon referral of the Directorate of Probation. The reasons and conditions under which the empowerment will be able to be withdrawn shall be established by the implementing regulation of this Law. + Article 21 Empowerment of companies (1) They may request the empowerment for the organization of the execution of unpaid work for the benefit of the community only companies that have leased a public service. (2) The travail of the benefits of persons performing unpaid community work within the companies provided in par. (1) shall be transferred to the state budget, unless the value of the benefits is used according to par. ((3). (3) The commercial companies referred to in par. (1) may use the value of benefits for the financing of professional qualification courses for persons in the supervision of probation services. ((4) Empowerment of companies for activities other than those provided in par. (1) is made according to art. 20. + Title II Execution of non-custodial sentences + Chapter I Execution of the penalty for the individual + Article 22 Payment of fine (1) The person sentenced to the penalty of fine is obliged to pay the full fine within 3 months of the final stay of the conviction decision and to communicate to the judge delegated with the execution proof of payment, within 15 days of making it. (2) If the convicted person is unable to pay the full fine within the period provided in par. (1), the judge delegated with the execution, at its request, may order the instalment of the payment of the fine in monthly installments, for a period not exceeding 2 years. (3) The judge delegated with the execution, analyzing the request of the convicted person and the supporting documents on its impossibility of full payment of the fine, shall be pronounced by conclusion. If it has staggered, the conclusion will include: the amount of the fine, the number of monthly instalments in the amount equal for which the fine is staggered, as well as the payment deadline. Art. 16 16 para. ((2) relating to incidents arising in the course of enforcement shall apply accordingly. + Article 23 Procedure in case of non-execution of the fine (1) The judge delegated with the execution, finding that the convicted person did not pay the fine, in whole or in part, within the period provided for in art. 22 22 para. ((1) or (2), shall notify the executing court, which shall proceed as follows: a) when he finds that non-execution is not attributable to the convict, he orders the execution of the fine through unpaid community work, unless the person cannot provide this work due to the state of health, under the conditions art. 64 64 of Law no. 286/2009 , with subsequent amendments and completions; b) when he finds that the non-execution is not attributable to the convict and he does not give his consent to the provision of unpaid work for the benefit of the community, replaces the fine with imprisonment, under the conditions art. 64 64 of Law no. 286/2009 , with subsequent amendments and completions; c) when he finds non-execution with bad faith of the fine, replaces the fine with imprisonment, under the conditions art. 63 63 of Law no. 286/2009 , with subsequent amendments and completions. (2) Complaint of the execution court under the conditions of par. ((1) lit. a) may also be made at the request of the convict, by the judge delegated with the execution, even before the expiry of the deadline for payment of the fine. ((3) The proceedings before the executing court shall be that provided for in art. 586 586 and 597 of Law no. 135/2010 . (4) In order to establish the reasons that led to the non-execution of the fine, the court will request data on the material situation of the convict from the authority of the local public administration at his home and, if he considers it necessary, to the employer or tax authorities of the National Agency for Fiscal Administration, as well as to other public authorities or institutions that have information on the property situation of the convict. (5) If the executing court orders the execution of the fine through unpaid community work, a copy of the judgment shall be sent to the competent probation service. Art. 51 51 shall apply accordingly. (6) The execution of community work shall be carried out within a maximum period of 2 years from the final stay of the judgment for the execution of the fine penalty, by providing unpaid work for the benefit of the community, and may also cease by payment Fine-day fine-fine unexecuted. Art. 52 52 para. ((2)-(8) shall apply accordingly. + Article 24 Execution of the fine accompanying prison sentence (1) Provisions art. 22 22 para. ((1) and of art. 23 shall also apply in the case of the person sentenced to the penalty of the fine accompanying the prison sentence. (2) The unpaid community work, ordered for the execution of the sentence of the fine, shall be executed after the execution or consideration as executed of the prison sentence. + Chapter II Execution of the penalty for the legal person + Article 25 Payment of fine (1) The legal person who was sentenced to the sentence of the fine is obliged to pay the full fine within 3 months from the final stay of the conviction decision and to communicate to the judge delegated with the execution proof of payment, within 15 days after its performance. (2) If the legal person is unable to pay the full fine within the period provided in par. (1), the judge delegated with the execution, at its request, may order the instalment of the payment of the fine in monthly installments, for a period not exceeding 2 years. (3) The judge delegated with the execution, analyzing the request of the convicted person and the supporting documents on its impossibility of full payment of the fine, shall be pronounced by conclusion. If it has staggered, the conclusion will include: the amount of the fine, the number of monthly instalments in the amount equal for which the fine is staggered, as well as the payment deadline. Art. 16 16 para. ((2) relating to incidents arising in the course of enforcement shall apply accordingly. + Article 26 Enforcement in case of non-payment (1) In case of non-compliance with the term of full payment of the fine or of a rate, when the payment has been staggered, the execution of the fine Government Ordinance no. 92/2003 on the Fiscal Procedure Code, republished, with subsequent amendments and completions. (2) The fiscal executors are required to communicate to the judge delegated with the execution, at the date of full execution of the fine, its payment and to notify him of any circumstance that prevents the execution. + Chapter III Execution of the accessory punishment of the prohibition of rights + Article 27 Implementation of the accessory punishment (1) The execution of the accessory punishment accompanying the prison sentence is made by the sending by the judge delegated with the execution of a copy of the device of the decision of the persons and institutions provided in art. 29 29 para. ((1) lit. a), b) and d)-n), corresponding to the content of the accessory punishment (2) The execution of the accessory punishment accompanying the punishment of life imprisonment is made by the sending by the judge delegated with the execution of a copy of the device of the decision of the persons and institutions provided in art. 29 29 para. ((1) lit. a)-f). (3) The communication referred to in paragraph ((1) and (2) shall be made immediately after the final stay of the judgment. (4) Provisions art. 31 shall apply accordingly, if the accessory punishment is carried out without the person convicted of being deprived of liberty. + Article 28 Notice in case of interruption of execution or conditional release In the event of the granting of conditional release and interruption of execution of the sentence, the judge delegated with the execution of the court in whose constituency is the place of possession, corresponding in the rank of the court of execution, shall notify about this persons and the institutions provided in art. 29 29 para. ((1) lit. l)-n), communicating, in the event of interruption, and its duration. + Chapter IV Execution of complementary penalties + Section 1 Execution of complementary penalties applicable to the individual + Article 29 Implementation of the complementary punishment of the prohibition of the exercise of rights ((1) In the event of the complementary punishment of the prohibition of certain rights, the judge delegated with the execution sends a copy of the device of the judgment, depending on the rights whose exercise was prohibited, to the legal person under public law or by private law authorised to supervise the exercise of that right, as follows: a) for the prohibition of the right to be elected in public authorities or in any other public office, the communication is made to the city hall at the home, as well as, if applicable, to the one at the home of the convicted person and the Directorate for Records Individuals and Database Administration; b) for the prohibition of the right to occupy a position involving the exercise of the state authority, the communication shall be made to the National Agency of Civil Servants, as well as, if applicable, to the institution in which the convicted person exercises such function; c) for the prohibition of the foreign right to be on the territory of Romania, the communication is made to the General Inspectorate for Immigration and the General Inspectorate of the Border Police; d) for the prohibition of the right to choose, the communication is made to the city hall at the home, as well as, if applicable, to the one at the home of the convicted person, the Directorate for the Records of Persons and the Administration of the Database, and, if which the person lives abroad, the communication is made to the consular department of the Ministry of Foreign In the case of citizens of the Member States of the European Union, the communication is made to the General e) for the prohibition of parental rights, the communication is made to the local council and the general direction of social assistance and child protection in whose constituency the convict is domiciled, as well as, if applicable, to those in whom he has the convict's home; f) for the prohibition of the right to be guardian or curator, the communication is made to the local council in whose constituency the convict is domiciled, as well as, if applicable, to the one in whom the convict has his home; g) for the prohibition of the right to occupy the office, to exercise the profession or the profession or to carry out the activity of which it was used for the commission of the crime, the communication is made to the legal person within which the person function, profession, trade or activity, as well as, where applicable, to the legal person who ensures the organisation and coordination of the exercise of the profession or activity or to the authority which has invested it with the exercise of a service of interest public; h) for the prohibition of the right to own, wear and use any category of weapons, the communication is made to the county police inspectorate in whose constituency he has his domicile, as well as, if applicable, to the one in whom he has his home the convict; i) for the prohibition of the right to drive certain categories of vehicles established by the court, the communication is made to the county police inspectorate in whose constituency he has his domicile, as well as, if applicable, to the one in which he has housing the convict; j) for the prohibition of the right to leave the territory of Romania, the communication is made to the General Inspectorate of the Border Police, the General Directorate of Passports and the General Inspectorate for Immigration, in the situation of k) for the prohibition of the right to occupy a leading position within a legal person of public law, the communication is made to the General Inspectorate of the Romanian Police; l) for the prohibition of the right to be in certain localities established by the court, the communication is made to the county police inspectorates in whose constituency the localities concerned by the ban and the Directorate for Records are located Individuals and Database Administration; m) for the prohibition of the right to be in certain places or at certain sports, cultural or other public gatherings, established by the court, the communication is made to the county police inspectorate in whose constituency it has domicile, as well as, if applicable, to the one in which the convict has his home and, for the cases in which the ban was ordered for places, events or gatherings outside this constituency, the General Inspectorate of the Romanian Police; n) for the prohibition of the right to communicate with the victim or with family members of it, with the persons who committed the crime or with other persons, established by the court, or to approach them, the communication is made to the persons with whom the convict does not have the right to enter into contact or has the right to approach, the General Police Department of Bucharest or, as the case may be, the county police inspectorate in whose constituency he has his domicile, as well as, if applicable, to the person in whom the convict has his home and, for cases in which the victim or the persons established by the court do not reside in the same constituency, the General Police Department of Bucharest, or, as the case may be, the county police inspectorates at their home. The copy will be accompanied by the mention that the victim or his family member to whom the complementary measure refers may request the issuance of a European protection order, under the conditions of this law; ---------- Lit. n) a par. ((1) of art. 29 29 has been amended by section 4.2 1 1 of art. 26 of LAW no. 151 151 of 13 July 2016 published in MONITORUL OFFICIAL no. 545 545 of 20 July 2016. o) for the prohibition of the right to approach the dwelling, the workplace, the school or other places where the victim carries out social activities, under the conditions established by the court, the communication is made to the victim, the General Police Directorate of The city of Bucharest or, as the case may be, the county police inspectorate in whose constituency it has its domicile, as well as, if applicable, to the one in which the convict and the General Police Department of Bucharest as the case may be, the county police inspectorates in whose constituency the seats are located targeted by prohibition. The copy will be accompanied by the mention that the victim or his family member to whom the complementary measure refers may request the issuance of a European protection order, under the conditions of this law. ---------- Lit. o) a par. ((1) of art. 29 29 has been amended by section 4.2 1 1 of art. 26 of LAW no. 151 151 of 13 July 2016 published in MONITORUL OFFICIAL no. 545 545 of 20 July 2016. (2) The communication referred to in paragraph (1) will be done when the complementary punishment of the prohibition of some rights becomes enforceable, according to art. 68 68 of Law no. 286/2009 , with subsequent amendments and completions, and will mention the date from which it begins and the date on which the execution of the complementary sentence should cease. + Article 30 Implementation of the complementary punishment of the prohibition of the exercise of rights in the case of suspension under supervision of the execution of the sentence or conditional release In the event of the disposition of the suspension under supervision of the execution of the sentence or conditional release, the provisions of art. 29 on the prohibitions ordered by the court in the framework of the complementary punishment of the prohibition of the exercise of certain rights and the provisions of art. 47-54 47-54, art. 56 56 and 57 on the execution of surveillance measures and obligations ordered by the court in the framework of the suspension of execution under supervision, namely the provisions of art. 58 58-62 on the execution of surveillance measures and obligations ordered by the court in the framework of conditional release. + Article 31 Granting permissions in the execution of the complementary punishment of the prohibition of rights (1) The judge delegated with the execution may grant the convicted person, at his reasoned request, a permission in the execution of the complementary sentence provided for in art. 66 66 para. ((1) lit. l)-o) of Law no. 286/2009 , with subsequent amendments and completions, in the following cases: a) the participation of the supervised person in the marriage, baptism or interment of a family member, among those referred to art. 177 177 of Law no. 286/2009 , with subsequent amendments and completions; b) participation in a competition, in order to fill a job; c) taking an exam; d) following a treatment or medical intervention. (2) The request of the convicted person shall be settled in the council chamber, after hearing it, of the representative of the institutions provided in art. 29 29 para. ((1) lit. l)-o), respectively of the probation counselor, when the suspension of the execution of the sentence under supervision was ordered. The judge delegated with the execution shall be given final conclusion. (3) A copy of the final conclusion shall be communicated to the institutions referred to in 29 29 para. ((1) lit. l)-o) and the competent probation service, where applicable. (4) The permission provided in par. ((1) may be granted for a maximum period of 5 days, except for the situation referred to in par. ((1) lit. d), when, exceptionally, permission may be granted for the length of time necessary to follow the treatment or medical intervention. The duration of the permission shall be included in the term of + Article 32 Implementation of the Complementary Punishment of Military Degradation The punishment of military degradation shall be carried out by the sending by the judge delegated with the execution of a copy of the operative part of the order of the military unit in whose records the convicted person is taken, respectively the center county or zonal military from the convict's home. + Article 33 Implementation of the complementary punishment of the publication of the sentencing judgment (1) In order to implement the sentence of the publication of the sentencing judgment, the judge delegated with the execution sends the extract, in the form established by the court, to the local or national daily designated by him, requesting the communication of the for publication. (2) Within 10 days from the receipt of the reply from the management of the designated daily, the judge delegated with the execution shall communicate to the convicted person the cost of the publication and its obligation to make the payment within 30 days. (3) The designated daily shall proceed with the publication of the statement of the sentencing decision within 5 days from the date of payment and shall notify the delegated judge with the execution of the publication, communicating it with a copy of the published text. (4) If, within 45 days from the communication made to the person convicted according to par. (2), the judge delegated with the execution does not receive the notice regarding the publication, will proceed to verify the reasons that led to its failure. (5) If the management of the designated daily does not provide the information provided in par. ((2) or when it fails to take the necessary measures to ensure its publication, the judge delegated with the execution may grant a new deadline for the fulfilment of these obligations, which may not exceed 15 days, or designate another daily newspaper in the same category for publication. (6) If it is found that the failure to carry out the publication was due to the fault of the convicted person, the judge delegated with the execution may grant a new deadline for publication, which cannot exceed 15 days. (7) If the convicted person has not made the payment for publication within the period provided in par. ((2) or, as the case may be, in para. (6), the judge delegated with the execution will refer the matter to the competent prosecution body, regarding the commission of the crime provided for in art. 288 288 para. ((1) of Law no. 286/2009 , with subsequent amendments and completions. + Section 2 Execution of complementary penalties applicable to legal person + Article 34 Common provisions In the event of a complementary punishment in the case of the legal person, the judge delegated with the execution shall communicate a copy of the device, depending on the legal person concerned, as follows: a) the National Trade Register Office, for the case in which the respective legal person is a commercial company, in order to register the mention in the Register of computerized trade for legal entities and individuals; b) to the Ministry of Justice, if the legal person falls within the provisions Government Ordinance no. 26/2000 on associations and foundations, approved with amendments and additions by Law no. 246/2005 , with subsequent amendments and completions, in order to register the mention in the National Register of legal entities without patrimonial purpose-associations, foundations and federations; c) the Bucharest Tribunal, for the case of parties, in order to register the mention in the Register of political parties d) of the court in the constituency of which the union is based, if it falls within the provisions of the Social dialogue law no. 62/2011 , republished, as amended, in order to register the mention in the Special Register; e) the judge in the constituency of which the company is based, for the case in which it falls within the provisions Law no. 36/1991 on agricultural companies and other forms of association in agriculture, as amended, in order to register the term in the Register of Agricultural Companies; f) the institution or public authority competent with the registration of the respective activity, for legal entities established by normative acts; g) National Office for Prevention and Control of Money Laundering, National Bank of Romania and Financial Supervisory Authority, if the legal person has been convicted for committing crimes regarding money laundering or financing of acts of terrorism; h) the county police inspectorate in whose constituency the seat of the legal person is located, in order to verify compliance with the prohibition ordered. + Article 35 Implementation of the complementary punishment of the dissolution of the legal person ((1) The copy of the sentence of the sentencing decision shall be communicated, at the date of final stay, by the judge delegated with the execution of the convicted legal person, as well as to the body that authorized the establishment of the legal entity, respectively which registered the legal person, while requesting information on how to comply with the measure. (2) On the date of the final stay of the sentence of conviction to the complementary punishment of dissolution, the legal person shall enter into liquidation. The liquidation of the legal person must be completed no later than 2 years after the dissolution date. For that purpose, the executing judge shall appoint a liquidator from among the insolvency practitioners in order to carry out the winding-up procedure. (3) The liquidator designated according to par. ((2) properly apply the specific legal provisions on the liquidation of legal entities. + Article 36 Implementation of the complementary punishment of the suspension of the activity or of one of the activities of the (1) The implementation of the complementary punishment of the suspension of the activity or of one of the activities of the legal person shall be made by making the communication provided 34. At the same time, the judge delegated with the execution communicates a copy of the device to the police bodies in whose constituency the working points of the legal person are located, in order to verify compliance with the (2) At the end of the period ordered by the court decision, the institutions provided in 34 radiates from the registers the specific mentions carried out, and the police body informs the enforcement court of compliance with the prohibition ordered. ((3) If, during the duration for which the complementary punishment has been applied, the police body finds its non-compliance, it immediately notifies the delegated judge with the execution, which will proceed according to art. 503 503 of Law no. 135/2010 . + Article 37 Execution of the complementary punishment of the closure of some legal points (1) In the event of the addition of the complementary punishment of the closure of some working points of the legal person, the judge delegated with the execution shall communicate a copy of the device to the police body in whose constituency the working point of the closed person, for verification of the measure (2) If they find the non-execution of the complementary punishment ordered, the police body shall immediately inform the judge delegated with the execution, in order to refer the matter to the court art. 503 503 of Law no. 135/2010 . + Article 38 Execution of the complementary punishment of the prohibition to participate in public procurement procedures ((1) In the event of the addition of the complementary punishment of the prohibition of the right to participate in public procurement procedures, the judge delegated with the execution shall send a copy of the device and the administrator of the electronic procurement system. (2) The implementation of the complementary sentence is without prejudice to the conduct of public contracts already concluded at the date of the final stay of the judgment of conviction, but prevents the conclusion of additional acts extending the validity of contracts already concluded. (3) In case of non-compliance with the prohibition imposed, any person may incuse the delegated judge with the execution to refer the matter to the court art. 503 503 of Law no. 135/2010 . (4) Upon completion of the duration of the complementary punishment ordered by the court decision, the institutions provided 34, as well as the administrator of the electronic public procurement system, radiate from the registers the specific particulars made. + Article 39 Execution of complementary punishment of placing under judicial supervision ((1) In the case of the application of the complementary sentence of placement under judicial supervision, the judge delegated with the execution shall designate a judicial trustee from among the insolvency practitioners or judicial experts and send him a copy of the the operative part The insolvency practitioner who was a trustee with the right of representation of the same person during the criminal proceedings cannot be designated a judicial trustee. (2) The fee of the judicial trustee shall be determined by the delegated judge, without being able to exceed the remuneration granted by that legal person to a censor in the year before the final stay of the sentencing decision. The payment of the fee of the judicial trustee is made from the funds (3) The duties of the judicial trustee concern only the supervision of the activity that has occasioned the commission of the crime and does not confer a right of decision in the management of that The judicial trustee shall have the right to participate, without the right to vote, at any meeting of the governing bodies of the legal person in which matters relating to the activity in question are discussed and has access to all the working points in which it takes place This. (4) The judicial trustee shall be obliged to respect the confidentiality of the data of which he became aware in the exercise of his duties, the non-right disclosure of which he or (5) In case of preventing by the legal person the exercise of the duties of the judicial trustee, he will immediately inform the judge delegated with the execution, in order to notify the court for the replacement of the complementary punishment ordered by the one prescribed art. 140 140 of Law no. 286/2009 , with subsequent amendments and completions. (6) If the judicial trustee can no longer exercise his/her duties, his replacement shall be ordered by the judge delegated with the execution. + Article 40 Execution of the complementary punishment of the display of the conviction (1) In the case of the application of the complementary punishment of the display of the judgment of conviction, the judge delegated with the execution shall communicate an extract of the conviction of the convicted legal person, who is obliged to display it in the form, place and the period established by the court, namely the police station in the constituency of which the place where the display is to be made is located, in order to verify the fulfilment ((2) If, after the display, but before the fulfillment of the period set by the court, the poster is stolen, destroyed or damaged, the police body asks the convicted person to redisplay, which must be carried out within 24 hours. (3) In case of failure to comply with the display obligation or the obligation to replace the poster according to par. (2), the police body will inform the judge delegated with the execution, in order to notify the court, for the application of the provisions art. 140 140 para. ((2) of Law no. 286/2009 , with subsequent amendments and completions. + Article 41 Execution of complementary punishment of publication of sentencing judgment (1) In the case of the application of the complementary sentence of the publication of the sentencing judgment, the judge delegated with the execution shall communicate an extract of the judgment of conviction, in the form established by the court, to the convicted legal person public at their own expense, through written or audiovisual media or through other audiovisual media, designated by the court. (2) The convicted legal person shall submit to the judge delegated with the execution proof of execution of the publication of the sentencing decision, within 30 days of the statement of the extract (3) If the publication was ordered to be carried out by displaying on an internet page, the extract must be published within the deadline provided in par. (2), and the convicted person will communicate to the delegated judge, within 5 days from the start of publication, proof of the execution of the decision. Periods in which, for technical reasons, the published extract was not accessible shall not be counted during the publication established by the court. (4) The judge delegated with the execution periodically checks the fulfilment of the obligation of publication under the ((1), until the duration established by the court. (5) In case of failure to fulfil the obligation of publication, the judge delegated with the execution will proceed to the court, in order to apply the provisions art. 140 140 para. ((2) of Law no. 286/2009 , with subsequent amendments and completions. + Chapter V Effects of merger, absorption, division, reduction of the share capital, dissolution or liquidation of the legal person in the execution phase + Article 42 Continuity of execution of penalties applied to the legal person, in case of merger, absorption, division, reduction of the share capital, dissolution or liquidation of the convicted legal person (1) If, after the final stay of the judgment of conviction of the legal person and until the execution of the penalties applied, a case of merger, absorption, division, dissolution, liquidation or reduction of its share capital, the authority or the institution to which it has the power to authorise or record this operation shall do so art. 496 496 of Law no. 135/2010 . (2) The execution of the penalties applicable to the convicted legal person continues to the legal person resulting from merger, absorption or who has acquired fractions of the patrimony of the divided person and who takes over the person's obligations and prohibitions Convicted legal. (3) The penalty of the fine or the remaining part not paid from it on the date of one of the operations referred to in par. (1) shall be executed by the person or legal persons resulting from this operation, in proportion to the acquired part of the patrimony of the convicted person. + Title III Execution of surveillance measures and obligations ordered by the court according to the Criminal Code + Chapter I General provisions + Article 43 Information to the court (1) For the establishment by the court of the obligation provided in art. 64 64 para. ((1), art. 85 85 para. ((2) lit. b) and art. 93 93 para. ((3) of Law no. 286/2009 , with subsequent amendments and completions, the probation services transmit to the Probation Directorate specific information, in order to centralize them and to publish the list on the concrete possibilities of execution existing at the level to each probation service on the website of the Ministry of Justice and the courts of appeal. (2) List provided in par. ((1) comprises the institutions in the community where unpaid work can be performed for the benefit of the community and the types of activities that may be subject to it. The list is included in the database provided for in art. 20 20 para. ((6). (3) At the request of the probation services, the institutions in the community will communicate data in order to include them in the list provided in par. (1), according to the specific activities they carry out. (4) Local public authorities are obliged to provide the probation services with the data requested according to par. (3), within 7 days. In the event of non-execution, the probation services will refer the matter to the judge delegated with execution. The non-communication of the data at the request of the delegated judge (5) The information provided in par. ((1) shall be transmitted annually or whenever changes occur. + Article 44 Information of the probation service (1) If against a person in the execution of obligations or measures whose supervision is entrusted to the probation service was started the prosecution or she was remanded in custody, sent to trial or convicted of another crime, the judicial body that ordered these measures will inform, in writing, the probation service that exercises supervision, within 3 days. (2) If the probation service is aware that against a person in supervision the prosecution has begun or has been sent to trial in another criminal case, it will inform the competent judicial body about the matter. that the person is in the execution of a sentence, educational measures or other non-custodial measure. + Article 45 Granting permissions in the performance of obligations (1) Exceptionally, the probation counselor, by decision, may grant the supervised person, at his reasoned request, permission in the execution of the obligations provided in art. 85 85 para. ((2) lit. e) and f), respectively art. 101 101 para. ((2) lit. d) and e) of Law no. 286/2009 , with subsequent amendments and completions, in the following cases: a) the participation of the supervised person in the marriage, baptism or funeral of a family member, among those referred to art. 177 177 of Law no. 286/2009 , with subsequent amendments and completions; b) participation in a competition, in order to fill a job; c) taking an exam; d) following a treatment or medical intervention. (2) The permission provided in par. ((1) may be granted for a maximum period of 5 days, except for the situation referred to in par. ((1) lit. d) when, exceptionally, permission may be granted for the length of time necessary for the follow-up of treatment or medical intervention. The duration of the permission shall be included within the time limit (3) About the granting of the permission provided in par. (1), the probation counselor incunostintates the persons or institutions provided in art. 29 29 para. ((1) lit. m) and n), as well as the judge delegated with execution. + Article 46 Agreement of the court to leave the country (1) If, during the term of supervision, the supervised person wishes to leave the territory of the country, given that by the court decision he has imposed the obligation provided for in art. 85 85 para. ((2) lit. i) art. 93 93 para. ((2) lit. d) of Law no. 286/2009 , with subsequent amendments and completions, requests the enforcement court to approve in this regard. (2) The request of the supervised person shall be settled in the council chamber, after hearing it and the probation counselor. The court shall rule by final conclusion. The duration of leaving the country cannot exceed 30 days in a year. The duration of the permission shall be included within the time limit ((3) A copy of the final conclusion shall be communicated, immediately, to the competent probation service, the General Inspectorate of the Border Police and the General Directorate of Passports. + Chapter II Postponement of punishment + Article 47 Enforcement of supervisory measures and obligations established by the court (1) In the event of the postponement of the application of the sentence, the judge delegated with the execution shall transmit a copy of the judgment of the court of the probation service, noting that all the surveillance measures provided for art. 85 85 para. ((1) of Law no. 286/2009 , with subsequent amendments and completions, is fully executed, according to the law. (2) In the event that the court has determined in charge of the person against whom it was ordered to postpone the application of the sentence one or more of the obligations provided for in art. 85 85 para. ((2) of Law no. 286/2009 , with subsequent amendments and completions, the judge delegated with the execution shall communicate a copy of the device of the decision and persons or institutions provided in art. 29 29, as appropriate. + Article 48 Amendment or termination of obligations (1) If, during the term of supervision, the probation counselor finds that it is necessary to modify the content of some of the obligations established in charge of the supervised person, the imposition of new obligations or termination execution of some of those ordered, seizes the enforcement court, according to art. 87 87 of Law no. 286/2009 , with subsequent amendments and completions. (2) The referral of the court may also be made by the judge delegated with the execution, at the request of the supervised person or the injured person, after consulting the report prepared by the probation counselor. + Article 49 Civil obligations (1) The supervised person shall submit to the probation counselor proof of the fulfilment of the civil obligations established by the court's decision, at least 3 months before the expiry of the term of supervision. (2) In case of non-submission of proof of fulfilment of civil obligations within the period provided in par. (1), the probation counselor, ex officio or at the request of the delegated judge, shall ask the supervised person for information on the reasons that led to it. If it finds that the supervised person did not meet the civil obligations, in whole or in part, the probation counselor notifies the court, in order to apply the provisions art. 88 88 of Law no. 286/2009 , with subsequent amendments and completions. (3) The referral of the enforcement court may also be made by the prosecutor or by the judge delegated with the execution, at the request of the civil party, after consulting the report prepared by the probation counselor. (4) In order to establish the reasons that led to the non-performance of civil obligations, the court will request data on the material situation of the convict from the authority of the local public administration at his home and, if he appreciates it, to the employer or tax authorities of the National Agency for Fiscal Administration, as well as to other public authorities or institutions that have information on the property situation of the convict. (5) The performance of civil obligations by the supervised person after the court's complaint, according to par. ((2) or (3), does not entail the revocation of the postponement of the application of the sentence, if made before the end of the term of supervision. + Article 50 Supervision of execution of the obligation art. 85 85 para. ((2) lit. a) of Law no. 286/2009 on Criminal Code (1) The probation officer of the probation service in whose constituency lives the person who must attend a school training or professional qualification course, receiving the copy of the court decision, decides, on the basis of the initial assessment of the person, the course to be followed and the institution in the community in which it is to take place, by communicating to this institution a copy of the device of the judgment and its decision. (2) The supervision and control of compliance with the obligation to attend a school training or professional qualification course, both with regard to the supervised person and with regard to the established institution, shall be carried out by the probation service competently. (3) If the supervised person will follow a qualification course, it will start the course within a maximum of 6 months from the date of the first meeting, and, if a school training course will follow, it will enroll in the next school year. + Article 51 Supervision of execution of the obligation art. 85 85 para. ((2) lit. b) of Law no. 286/2009 on Criminal Code (1) The probation officer of the probation service in whose constituency lives the person to perform unpaid community work, receiving the copy of the court decision, decides, based on the initial assessment of the the person, in which of the two institutions in the community mentioned in the court decision, the obligation and type of activity are to be executed, communicating to this institution a copy of the device of the decision, as well as his decision. (2) If the execution of work is no longer possible in any of the two institutions in the community mentioned in the judgment, the probation counselor shall refer the delegated judge to the judge, who shall designate another institution of the community for work execution. (3) After the initial assessment, for issuing the decision referred to in par. ((1), the supervised person presents a medical certificate issued, as the case may be, by his family doctor or by a general medicine doctor, who confirms that the person is fit for the provision of activities among those proposed by the adviser of probation and does not pose risk to the health of other people. For people who cannot bear the costs of the medical assessment, they are borne by the state budget. (4) The person who is to perform unpaid work for the benefit of the community is obliged to present to the doctor who carries out the examination, in order to issue the medical certificate provided in par. ((3), all data on its health status relevant to this examination. (5) During the execution, the person has the obligation to inform the probation counselor about the occurrence of changes regarding his health. (6) If the supervised person has become unfit for the provision of activities between those established by the probation counselor or pose a risk to the health of other persons, it presents a medical certificate issued according to legal provisions confirming that the person is no longer fit. ((7) In case of failure to provide unpaid community work, the unpaid work days for the benefit of the remaining non-executed community shall no longer be executed, unless, during the term of supervision, the state of temporary incapacity for work stops. Provisions of paragraph ((5) and (6) shall apply accordingly. (8) The supervised person who, during the provision of unpaid work for the benefit of the community, has become incapable of work following an accident or a professional illness benefits from invalidity pension, under the law. (9) The guidance and verification of the actual modality in which the supervised person carries out unpaid community work is carried out by a representative of the institution in the community established by the decision provided in par. ((1). (10) The supervision and enforcement of the obligation to perform unpaid work for the benefit of the community, both with regard to the supervised person and with regard to the institution in the established community, shall be carried out by the probation service competently. + Article 52 Execution of unpaid community work (1) Unremunerated community work shall be carried out within a period of no more than 6 months from the date of commencement of employment, except in situations where the person is no longer fit for the provision of an activity between those established of the probation counselor or the state of temporary incapacity for work has ceased, situations in which unpaid community work can be performed until the expiry of the term of supervision. (2) Two hours of activity actually performed is equivalent to one day of work. (3) In the case of supervised persons carrying out a paid activity or following vocational training or qualification courses, the duration of work performed on the same calendar day may be a maximum of two hours. At the request of the supervised person, the duration of the work performed can be extended by the probation counselor with up to two hours of work. (4) On non-working days or in the case of persons who do not carry out a paid activity or do not attend educational or vocational qualification courses, the duration of work performed on a calendar day may not exceed 8 hours. (5) Unremunerated community service shall not be performed during the night or on Sundays and days declared, according to the law, public holidays, except at the request of the person and to the extent possible. (6) Provisions of para. (5) shall also apply accordingly to persons who, due to the legal religious cults of which they belong, have another day of rest than on Sunday. (7) The unpaid community work is carried out in compliance with the legal provisions on minimum safety and health requirements at work. Unpaid community work cannot be carried out in harmful, dangerous places or that pose a degree of risk to the health or integrity of persons. (8) After the execution of the obligation of unpaid work for the benefit of the community, the institution in the community where the supervised person executed unpaid work for the benefit of the community has the obligation to issue and communicate to the probation service and the person supervised a document attesting that unpaid community work was carried out. + Article 53 Supervision of execution of the obligation art. 85 85 para. ((2) lit. c) of Law no. 286/2009 on Criminal Code (1) The probation officer of the probation service in whose constituency lives the person who must attend one or more social reintegration programs, receiving the copy of the court decision, decides, on the basis of the initial assessment of the person, programme or programmes to be followed and, where appropriate, the institution and the institutions in the community in which they are to take place, by communicating to this institution the copy of the device the ruling as well as its decision. (2) Supervision and control of compliance with the obligation to follow one or more social reintegration programmes, both with regard to the supervised person and the institution in the established community, shall be carried out by the service of Competent probation. + Article 54 Supervision of execution of the obligation art. 85 85 para. ((2) lit. d) of Law no. 286/2009 on Criminal Code (1) The probation officer of the probation service in whose constituency lives the person who must obey the control, treatment or medical care measures, receiving the copy of the court decision, communicate a copy of the the device of the decision of the institution in which the control, treatment or medical care, referred to in the judgment, If the institution is not mentioned in the judgment, the probation counselor decides the institution in which the control, treatment or medical care is to take place and communicate the copy on the device of the judgment as well as the decision to. (2) The supervision and control of compliance with the obligation to comply with the control, treatment or medical care measures, both with regard to the supervised person and with regard to the institution in the established community, shall be carried out by the service of Competent probation. (3) The institution provided in par. ((1) notifies the probation service when it finds that the supervised person does not comply with his duties established within the control, treatment or medical care. The referral of the probation service can be made, as the case may be, by the injured person or another interested person. (4) The costs of control, treatment or medical care are covered by the state budget. + Article 55 Supervision of the execution of obligations art. 85 85 para. ((2) lit. e)-j) of Law no. 286/2009 on Criminal Code ((1) In case of imposition of the supervised person of the obligations provided for in art. 85 85 para. ((2) lit. e)-j) of Law no. 286/2009 , with subsequent amendments and completions, the judge delegated with the execution sends a copy of the device of the decision, as the case may be, to the authorities, institutions or persons provided 29 29 para. ((1) lit. g)-j), m) and n). (2) If it finds the violation of one of the obligations imposed, the authorities or institutions provided in par. (1), empowered to supervise the manner of carrying out these obligations, notifies the probation service. (3) The complaint of the probation service regarding the non-compliance with the obligations imposed may be made, as the case may be, by the injured person or other interested person. + Article 56 Referral for the revocation of the postponement of the sentence (1) If it finds non-compliance with some of the supervisory measures or obligations established by the court during the term of supervision, the probation counsel shall verify the reasons for this non-compliance. If he considers that the non-compliance was done in bad faith, the court seizes, in order to revoke the postponement of the sentence. (2) The referral of the court may be made by the prosecutor, in the case of the commission of a new crime within the term of supervision, and by the judge delegated with the execution, at the request of the injured person or another interested person, after consultation the report prepared by the probation counsellor. The evaluation report accompanies the complaint made by the delegated judge. + Chapter III Suspension of execution of the sentence + Article 57 Execution of supervisory measures and obligations established by the court in case of suspension of the execution of the sentence under supervision (1) Unremunerated community work ordered in the case of the person sentenced to a sentence of suspension under supervision of execution shall be executed within a period of no more than one year from the date of commencement of work, except in situations in which the person is no longer fit for the provision of an activity between those established by the probation counselor or the state of temporary incapacity for work has ceased, situations in which unpaid community work can be provided until the expiry of the term of supervision. (2) Provisions art. 24 24 para. ((2) and art. 47 47-54 and 56 shall apply accordingly. + Chapter IV Conditional release + Article 58 Enforcement of supervisory measures and obligations established by the court (1) In the event of the granting of conditional release, the court which ordered the conditional release shall transmit to the probation service a copy of the judgment by which the release was granted, with the mention that all the surveillance measures provided for art. 101 101 para. ((1) of Law no. 286/2009 , with subsequent amendments and completions, it is fully executed, according to the law, and with the indication of the period of execution of surveillance measures, namely the obligations provided for in art. 101 101 para. ((2) lit. a) and b) of Law no. 286/2009 , as amended and supplemented, where appropriate, calculated according to art. 101 101 para. ((5) of Law no. 286/2009 , with subsequent amendments and completions. (2) In the event that the court has determined in charge of the person against whom conditional release was ordered one or more of the obligations provided for in art. 101 101 para. ((2) lit. c)-g) of Law no. 286/2009 , with subsequent amendments and completions, the court that ordered the conditional release shall communicate a copy of the decision granting the release, as the case may be, to the persons or institutions referred to in art. 29 29 para. ((1) lit. h)-j), m) and n), ability to supervise the fulfilment of these obligations. + Article 59 Supervision of execution of the obligation art. 101 101 para. ((2) lit. a) of Law no. 286/2009 on Criminal Code (1) The probation officer of the probation service in whose constituency lives the person who must attend a school training or professional qualification course, receiving the copy of the court decision by which he was granted conditional release, decides, on the basis of the initial assessment of the person, the course to be followed and the institution in the community in which it is to take place, by communicating to this institution a copy of the device of the decision granting the release, as well as his decision. (2) The supervision and control of compliance with the obligation to attend a school training or professional qualification course, both with regard to the person released and with regard to the established institution, shall be carried out by the probation service competently. (3) If the supervised person will follow a qualification course, it will start the course within a maximum of 6 months from the date of the first meeting, and if a school training course will follow, it will enroll in the next school year. + Article 60 Supervision of execution of the obligation art. 101 101 para. ((2) lit. b) of Law no. 286/2009 on Criminal Code (1) The probation officer of the probation service in whose constituency lives the person who must attend one or more social reintegration programs, receiving the copy of the court decision, decides, on the basis of the initial assessment of the person, programme or programmes to be followed and, where appropriate, the institution and the institutions of the community in which they are to take place, by communicating to such institutions a copy of the device the ruling as well as its decision. (2) Supervision and control of compliance with the obligation to follow one or more social reintegration programs, both with regard to the person released and with regard to the institution in the established community, shall be carried out by the probation service competently. + Article 61 Amendment or termination of obligations (1) If, during supervision, the probation counselor finds that it is necessary to modify the content of some of the obligations, to establish new obligations or to terminate the execution of some of those ordered, he will refer the matter to the court, according to art. 103 103 of Law no. 286/2009 , with subsequent amendments and completions. (2) The complaint of the court may also be made by the judge delegated with the execution, at the request of the free or injured person, after consulting the report prepared by the probation counselor. + Article 62 Referral of the court for revocation of conditional release (1) If it finds non-compliance with one or some of the supervisory measures or obligations established by the court during the term of supervision, the probation counsel shall verify the reasons that determined this non-compliance and compile a report. If he appreciates that the non-compliance was done in bad faith, the court seizes, in order to revoke the conditional release. ((2) Where the infringement of one of the obligations laid down in the art. 101 101 para. ((2) lit. c)-g) of Law no. 286/2009 , with subsequent amendments and completions, the competent bodies responsible for verifying the fulfilment of these obligations shall notify the probation service. ((3) Complaint of the probation service regarding the non-compliance with the obligations provided for in art. 101 101 para. ((2) lit. c)-g) of Law no. 286/2009 , with subsequent amendments and completions, can be made, as the case may be, by the injured person or another person interested. (4) The referral of the court in order to revoke the conditional release may also be made by the prosecutor, in the case of the commission of a new crime within the term of supervision, and by the judge delegated with the execution, at the request of the injured person or of another interested person, after consulting the report drawn up by the probation counsellor. The evaluation report accompanies the complaint made by the delegated judge. + Title IV Provisions on the execution of non-custodial educational measures + Chapter I General provisions + Article 63 Organisation of the execution of non-custodial educational measures (1) Non-custodial educational measures are carried out in the community, during their execution ensuring the maintenance and strengthening of the minor's ties with family and community, the free development of the minor's personality, as well as its involvement in the programmes carried out, for the purpose of its training in the spirit of responsibility and respect for the rights and freedoms (2) The minor in the execution of a non-custodial educational measure shall ensure, according to the principle of the best interest of the child, respect for the fundamental rights and freedoms provided by the Constitution, the conventions international to which Romania is also part of the special legislation, insofar as their exercise is not incompatible with the nature and content of the measure. (3) The content of the concrete modalities for the execution of non-custodial educational measures is established taking into account the age, personality, state of health, family and social situation of the minor. + Article 64 The role of the probation service in the execution of non-custodial educational measures (1) The organization, supervision and control of the execution of non-custodial educational measures shall be conducted under the coordination of the probation service. (2) The probation service may entrust the supervision of the execution of the non-custodial educational measures provided for in Law no. 286/2009 , with subsequent amendments and completions, to institutions in the community among those included in the database constituted at national level according to art. 20 20 para. ((6). + Article 65 Informing the minor and the family (1) After the final stay of the judgment by which a non-custodial educational measure was taken against the minor, the judge delegated with the execution, in application of the procedure provided for in art. 511 511 of Law no. 135/2010 , fixes a term, ordering the minor and the citation of his legal representative, the representative of the probation service for the execution of the measure taken and the persons designated with its supervision. Together with the subpoena, the probation service is also communicated a copy of the court's ruling. (2) During the meeting, the delegated judge shall present to the minor and to the person designated with his supervision the purpose and content of the sanction applied, as well as the consequences of his + Chapter II Execution of non-custodial educational measures + Article 66 Execution of the educational measure of the civic training internship (1) The objective of the educational measure of the civic training internship is to support the minor in the awareness of the legal and social consequences to which he is exposed in the case of committing crimes and his behavior. (2) The civic training courses shall be drawn up on the basis of the framework programmes approved by joint order of the Minister of Justice and the Minister of National Education, which shall be published in the Official Gazette of Romania, Part I, in accordance with the standards minimum working in probation for the institutions in the community provided in art. 18 18 para. ((6). (3) The probation counselor or, as the case may be, the designated person within the institution in the community organizes, carries out the necessary steps in order to participate in the minor and supervises the minor during the civic training internship. ((4) The inclusion of the minor in a course of civic training shall be carried out no later than 60 days after the execution of the judgment according to art. 511 511 of Law no. 135/2010 . (5) The civic training season is organized in the form of continuous or regular sessions, carried out for a maximum of 4 months, and includes one or more modules of a theoretical or applicative character, adapted to the age and personality of the minors included in that internship and taking into account, as far as possible, the nature of the offence committed In the conduct of the internship established by the court will be considered a monthly number of 8 hours of civic training. (6) The probation officer of the probation service in whose constituency lives the minor who must attend the civic training course decides, based on the initial assessment of the minor, the institution in the community in which he follows to take this place, by communicating to this institution the copy of the device of the judgment, and its decision. (7) The institution in the community designated according to para. (6) or the probation service, as the case may be, adapt the concrete content of the internship, according to the framework programs provided in par. (2), depending on the peculiarities of the minor, with the approval of the probation counselor. (8) The conduct of the civic training course shall be carried out by a representative of the institution in the community established by the decision provided in par. ((6). + Article 67 Execution of the surveillance measure (1) The educational measure of supervision aims at the participation of the minor in school or vocational training courses and the prevention of activities or entry in relation to certain persons that could affect the process of straightening it. (2) The supervision and guidance of the minor in the execution of the educational measure of supervision shall be carried out by the parents of the minor, those who adopted him or the guardian. If they cannot ensure satisfactory supervision, the court shall order the supervision of the minor, on the same time frame, to a trusted person, preferably to a closer relative of the minor, at the request of the minor. (3) If the person referred to in par. (2) is not designated by the judgment of the court or the person appointed by the court can no longer exercise, permanently or temporarily, the supervision, the judge delegated with the consultation of the probation counsel designates the person to exercise surveillance. Art. 65 65 shall apply accordingly. ((4) The control of the execution of the educational measure of supervision and the control of the performance by the person exercising the supervision shall be carried out by the probation (5) The supervision and guidance of the minor within the framework of its daily programme shall require verification of the manner in which it complies with its obligations arising from its family, school or professional status. (6) If the court ordered in the content of the educational measure the supervision of the minor's participation in a school or vocational training course, and the minor is not enrolled in such a form of education, the provisions of art. 50 50 para. ((1) and (2) shall apply accordingly. ((7) The exercise of supervision shall commence no later than 30 days from the moment of presentation of the minor and of the person designated with the supervision before the judge delegated with the execution under art. 511 511 of Law no. 135/2010 . + Article 68 Execution of the educational measure of the record at weekends (1) The educational measure of the record at the end of the week aims to avoid the contact of the minor with certain persons or his presence in certain places to predispose the minor to the manifestation of criminal behavior. (2) The ban imposed on the minor to leave the home operates from 0.00 hours of Saturday and until 24.00 on Sunday. ((3) Provisions of para. (2) shall also apply accordingly to persons who, due to the legal religious cults of which they belong, have other days of rest than on Saturday and Sunday. (4) The educational measure shall be carried out for the duration of consecutive weekends, unless the court or the judge delegated with the execution, on the proposal of the probation counsel, ordered otherwise, as a rule, under the supervision of the major person with whom the minor or other major person designated by the court of law lives. (5) If the major person in whose supervision is the execution of the measure is not designated by the court decision or the person appointed by the court can no longer exercise, permanently or temporarily, the supervision, the judge delegated with consultation of the probation counsellor shall designate the person to exercise supervision. Art. 65 65 shall apply accordingly. ((6) Control of the execution of the educational measure of the record at weekends and the control of the performance of the duties by the person exercising the supervision shall be carried out by the probation counselor or, as the case may be, by the person it from an institution in the community. (7) In order to exercise control, the minor who lives alone or, as the case may be, the person referred to in par. (4) has the obligation to allow the designated person with the control of the execution and supervision of the execution of the measure making scheduled or unannounced visits to the minor's home, on the days when the minor must be in that suitable space court ruling. Failure to comply with this obligation by the minor entails application art. 123 123 of Law no. 286/2009 , with subsequent amendments and completions. Failure to comply with the obligation by the person designated with supervision shall entail the proper application of the provisions 19. (8) If the court has determined in the content of the educational measure or the probation counselor has established in charge of the minor the participation in a school or vocational training course or participation in a reintegration program, provisions of Article 50 50 para. ((1) and (2) and art. 53 53 shall apply accordingly. ((9) The signing at the end of the week shall be executed no later than 15 days from the moment of presentation of the minor and of the person designated with supervision before the judge delegated with the execution under the conditions art. 511 511 of Law no. 135/2010 . + Article 69 Execution of the educational measure of daily assistance (1) The supervision of the execution of the educational measure of the daily assistance is carried out by the probation counselor or, as the case may be, by the person designated by his decision, within an institution in the community (2) The daily schedule which the minor must comply with and the activities to be performed by him shall be agreed by the probation counsellor and the parents, guardian or other person in whose care the minor is located, with its consultation. In case of disagreement, the program shall be determined by the judge delegated with the execution, by reasoned conclusion, after hearing those interested. The conclusion is not subject to any remedy. (3) The program established according to para. (2) will take into account the identified needs of the minor, his social situation and, as the case may be, the professional and the obligations and prohibitions imposed on him during the execution of the measure. The program envisages the harmonious development of the minor's personality, by involving him in activities involving social networking, organizing the way of spending free time and capitalizing on his skills. (4) In the event that the court has determined in the content of the educational measure or the probation counselor has established in charge of the minor, in the content of the daily program, the participation in a school or vocational training course or participation in a reintegration program, the provisions of art. 50 50 para. ((1) and (2) and art. 53 53 shall apply accordingly. ((5) The establishment of the daily schedule shall be made no later than 30 days from the moment of presentation of the minor before the judge delegated with the execution under the conditions art. 511 511 of Law no. 135/2010 , and the daily assistance begins at the latest in 5 days from the establishment of the program. (6) If the measure of daily assistance has replaced a custodial educational measure, the establishment of the daily schedule shall be made no later than 15 days after the minor's release. + Chapter III Common provisions + Article 70 Enforcement of obligations established by the court of law (1) If the court has determined the obligation laid down by the minor art. 121 121 para. ((1) lit. a) of Law no. 286/2009 , with subsequent amendments and completions, the provisions of art. 50 50 para. ((1) and (2) shall apply accordingly. (2) If the court has determined the obligations laid down by the minor art. 121 121 para. ((1) lit. c) or d) of Law no. 286/2009 , with subsequent amendments and completions, the judge delegated with the execution shall communicate a copy of the device of the decision, as the case may be, to the persons or institutions provided 29 29 para. ((1) lit. m) or n), ability to supervise the fulfilment of these obligations. Where the obligation laid down in the art. 121 121 para. ((1) lit. b) of Law no. 286/2009 , with subsequent amendments and completions, the communication is made to the General Police Directorate of Bucharest Municipality or, as the case may be, to the county police inspectorate in whose constituency the minor lives. The victim or his family member to whom the obligation imposed on the minor relates will also be informed of the possibility to request the issuance of a European protection order, under the law. ---------- Alin. ((2) of art. 70 70 has been amended by section 2 2 of art. 26 of LAW no. 151 151 of 13 July 2016 published in MONITORUL OFFICIAL no. 545 545 of 20 July 2016. ((3) Where the obligation laid down in art. 121 121 para. ((1) lit. f) of Law no. 286/2009 , with subsequent amendments and completions, a copy of the device of the decision shall be communicated by the probation counselor to the institution in which the control, treatment or medical care referred to in the decision is to take place. If the institution is not mentioned in the judgment, the probation counselor shall, by decision, determine the institution in which the control, treatment or medical care is to take place and communicate to it the copy on the device of the judgment, as well as his decision. (4) The costs of control, treatment or medical care are covered by the state budget. (5) Execution of obligations under art. 121 121 para. ((1) of Law no. 286/2009 , with subsequent amendments and completions, begins as follows: a) on the date of the final stay of the decision by which they were established, in the case of the obligations provided in b)-d); b) on the date of bringing to the attention of the minor the concrete content of the obligation, established by the probation counselor, in the case of the obligations provided in lett. a), e) and f). (6) Execution of obligations under the art. 121 121 para. ((1) of Law no. 286/2009 , with subsequent amendments and completions, ceases by right on the date of execution or consideration as executed of the educational measure they accompany. + Article 71 The free minor from the execution of a custodial educational measure (1) Provisions art. 70 70 shall apply accordingly to the free minor in the educational centre or in the detention centre. (2) In the case provided in par. ((1), the execution of obligations ceases by right on the date of fulfillment of the duration + Article 72 Granting permissions in the performance of obligations (1) At the request of the minor, for duly justified reasons, the probation counselor may grant, by decision, a permission in the execution of the obligations provided for in art. 121 121 para. ((1) lit. c) and d) of Law no. 286/2009 , with subsequent amendments and completions. (2) The permission provided in par. ((1) may not be granted for a period of more than 5 days. The duration of the permission shall be included within the time limit (3) In the event that the court imposed on the minor the execution of the obligation provided for in art. 121 121 para. ((1) lit. b) of Law no. 286/2009 , with subsequent amendments and completions, at the request of the minor, for objective reasons, the probation counselor may grant the minor, by decision, the permission to exceed the territorial limit set by the court. If the request of the minor concerns leaving the territory of the country, the duration of the permission may not exceed 30 days in a year. (4) About the granting of the permission provided in par. (1) or (3), the probation counselor shall, as the case may be, the persons or institutions referred to in art. 29 lit. m) and n), as well as the judge delegated with execution. + Article 73 (1) If, during the supervision of the execution of an educational measure, the probation counselor finds that it is necessary to modify the content of some of the obligations imposed by the court, the imposition of new obligations or ending the execution of some of those ordered, the court reports, according art. 121 121 para. ((4) lit. a) of Law no. 286/2009 , with subsequent amendments and completions. (2) The referral of the court may also be made by the judge delegated with the execution, at the request of the minor, the parents, the guardian or another person in whose care the minor or the injured person is, after consulting the evaluation reference drawn up by the probation counselor. The evaluation reference accompanies the complaint made by the delegated judge. + Article 74 Referral of the court for extension or replacement of educational measures (1) If the minor does not comply with the conditions for the execution of the educational measure or the obligations imposed, the complaint of the court for the extension or replacement of the educational measure art. 123 123 para. ((1) and (2) of Law no. 286/2009 , with subsequent amendments and completions, is made by the probation counselor, according to art. 121 121 para. ((4) lit. b) of Law no. 286/2009 , with subsequent amendments and completions. (2) The referral of the court may be made by the prosecutor in the case of the commission of a new crime during the educational measure and by the judge delegated with the execution, at the request of the parents, guardian or other person in whose care they are the minor or the injured person or another person concerned, after consulting the assessment report drawn up by the probation counsellor. The evaluation reference accompanies the complaint made by the delegated judge. (3) In replacing the non-custodial educational measures the court will consider the severity of these measures in the order provided for in art. 115 115 para. ((1) pt. 1 1 of Law no. 286/2009 , with subsequent amendments and completions. + Article 75 Collaboration with the probation service during the execution of non-custodial educational measures (1) During the execution of non-custodial educational measures, the probation counselor or, as the case may be, the person designated by him within a community institution shall collaborate closely with the parents, the adopter, the guardian, the curator or another person tasked with overseeing the minor. (2) Persons referred to in par. (1) have the obligation to notify the probation counselor of the minor's non-compliance with any of the obligations and prohibitions established for him. + Article 76 Surveillance of the married minor (1) If the minor subject to a non-custodial educational measure is married, the supervision of the execution of the measure shall be exercised by the probation counselor. (2) Provisions of para. ((1) shall also be applied in a situation where the minor sentenced to a non-custodial educational measure has become a major until the end of the execution of the measure. + Title V Execution of safety measures + Article 77 Execution of safety measures of a medical nature (1) The execution of the safety measure of the obligation to medical treatment or medical admission shall be executed according to the provisions art. 566 566-571 of Law no. 135/2010 . (2) The costs of medical treatment are covered by the state budget. + Article 78 Execution of the safety measure of the prohibition of the occupation of a profession or the exercise of a profession (1) The execution of the measure of safety of the prohibition of the occupation of a profession or of the exercise of a profession is made by the communication by the judge delegated with the execution of a copy of the device of the decision of the legal person within the to whom the person exercises that function, profession, profession or activity, as well as, if applicable, to the legal person who ensures the organization and coordination of the exercise of that profession or activity. (2) If the ban concerns a trade or other activity, the communication shall be made to the county police inspectorate in whose constituency the convict is domiciled. + Article 79 Execution of the special confiscation security measure and extended confiscation (. The measure of security of special confiscation or of extended confiscation shall be executed as follows: a) confiscated things are handed over to the bodies in law to take them over or capitalize on b) if the confiscated things are in the preservation of the police bodies or other institutions, the judge delegated with the execution sends a copy of the device of the decision of the organ to which it is located. After receiving the copy from the device, the confiscated things are handed over within 30 days to the bodies in law to retrieve them or capitalize according to the provisions of the law. At the request of the bodies dealing with the recovery, the goods can remain in the police custody until recovery; c) when the confiscation concerns amounts of money that were not recorded at bank units, the judge delegated with execution sends a copy of the device of the decision of the tax authorities, in order to execute the confiscation according to the provisions on budgetary claims; d) when the destruction of confiscated things was ordered, if by law it is not provided otherwise, it is made in the presence of a commission made up of the judge delegated with execution of the enforcement court, a representative of the prosecutor's office of the same the court, a representative of the county police inspectorate, the manager of the chamber of delicate bodies in whose management were the goods subject to destruction and, if applicable, representatives of other authorities with competence in the field designated by Judge delegate The Commission shall draw up a report, which shall be sent, in copy, to the files on the cases in which the confiscation of those goods was ordered. If the destruction does not take place in the constituency of the executing court, the commission shall include the judge delegated with the execution from the appropriate court to the degree in which the destruction takes place. A copy of the minutes shall be sent to the executing court. (2) The expenses of keeping, maintaining and capitalizing on the confiscated goods shall be covered by the price obtained. If it is not possible to fully cover these expenses from the price obtained, the difference remains with the state. (3) The expenses of destruction of confiscated property remain the responsibility of the State. + Title VI Obligations imposed in case of postponement or interruption of the execution of the sentence of life or prison detention + Article 80 Implementation of the obligations laid down by the court ((1) Implementation of the obligations imposed in accordance with art. 590 590 of Law no. 135/2010 is made by the sending by the judge delegated with the execution of a copy of the decision of the police body designated in the decision to postpone the execution of the prison sentence, in order to take into account the person, the gendarmerie, the police of proximity, the competent bodies to issue the passport, the border organs, as well as to other institutions. ((2) A copy of the operative part of the judgment shall be communicated, if applicable, to the health facility in which the treatment or social assistance service within the City Hall is to be carried out, in the case provided for in art. 589 589 para. ((1) lit. b) of Law no. 135/2010 . ((3) Where the obligation laid down in art. 590 590 para. ((2) lit. b) of Law no. 135/2010 , the police body designated by decision will inform the victim or its family members about the interruption of the execution of the sentence, when the prohibition to communicate or approach the persons mentioned has been established. + Article 81 Supervision of compliance (1) The supervision of compliance with the obligations established by the decision granting the postponement or interruption of the execution of the sentence shall be made by the police body designated by the court in the decision of postponement or interruption of execution punishment. (2) The police body referred to in par. ((1) shall immediately notify the executing court, if it finds or is uninformed of the non-compliance with one or more of the obligations imposed. (3) The units provided in art. 80 are obliged to immediately collect the police body, if they find non-compliance with the obligations provided for in art. 590 590 para. ((1) lit. e) of Law no. 135/2010 . (4) Information provided for in art. 590 590 para. ((1) lit. c) of Law no. 135/2010 shall be communicated to the judge delegated with the execution of the executing court In the event of the breach of this obligation, the delegated judge may refer the matter to the court for the revocation of the postponement or interruption + Title VII Non-custodial preventive measures + Chapter I Non-custodial preventive measures applicable to the natural person + Article 82 Execution of judicial review (1) The judicial body that ordered judicial review shall send a copy of the order or conclusion by which it has taken this measure to the police station within which the person concerned resides or lives, as well as, if applicable, to the other institutions empowered according to art. 83 to oversee compliance with the obligations imposed. In the case of foreign citizens against whom the ban on leaving the country was imposed, the communication is also made to the Romanian Immigration Office. ((2) Where the judicial body has imposed the obligation laid down in art. 215 215 para. ((2) lit. d) of Law no. 135/2010 with reference to the injured person or their family members, the communication provided in par. (1) is also made to the injured person. ((2 ^ 1) Where the judicial body has imposed one of the obligations laid down in art. 215 215 para. ((2) lit. b) or d) of Law no. 135/2010 , with subsequent amendments and completions, with reference to the injured person or their family members, they will be informed of the possibility of requesting a European protection order under the law. ---------- Alin. (2 ^ 1) of art. 82 82 has been introduced by section 3 3 of art. 26 of LAW no. 151 151 of 13 July 2016 published in MONITORUL OFFICIAL no. 545 545 of 20 July 2016. (3) After receiving the copy of the act by which the judicial review was ordered, the police body shall immediately proceed to the establishment of the surveillance program and call the person under judicial control, in order to inform him of this program. (4) Revocation or modification of the content of the judicial review shall be communicated in the ((1) and (2). + Article 83 Supervision of the fulfilment of obligations in the (1) If by the order of the prosecutor or by the conclusion of the judge or the court was imposed on the defendant the observance of one or more of the obligations art. 215 215 para. ((2) of Law no. 135/2010 , the supervision of their compliance is as follows: a) by the police body within which the defendant resides or lives, in the case of the obligations provided for in art. 215 215 para. ((2) lit. a), b), d)-f) and h)-j) of Law no. 135/2010 ; b) by the police body within which the defendant resides or lives and the health institution in which the treatment is to be carried out, in the case of the obligation provided for in art. 215 215 para. ((2) lit. g) of Law no. 135/2010 ; c) by the police body within which the defendant resides or lives and by the bank or banks to which the defendant has opened accounts, in the case of the obligation provided for in art. 215 215 para. ((2) lit. k) of Law no. 135/2010 . (2) Supervision of the fulfilment of the obligation art. 215 215 para. ((2) lit. c) of Law no. 135/2010 is made under the conditions established by special law. ((3) In case of non-compliance with the obligations imposed, the institutions provided in par. (1) will immediately refer the matter to the judicial body that ordered judicial review. + Article 84 Judicial review on bail In the event of judicial review on bail, the provisions of art. 82 82 and 83 shall apply accordingly. + Chapter II Preventive measures applicable to legal person + Article 85 Execution of preventive measures taken against the legal person ((1) Implementation of preventive measures taken, according to art. 493 493 of Law no. 135/2010 , in the course of the criminal proceedings against the legal person is made by sending a copy from the conclusion of the judge of rights and freedoms, as follows: a) the National Trade Register Office, for the case in which the respective legal person is a commercial company, in order to register the mention in the Register of computerized trade for legal entities and individuals; b) to the Ministry of Justice, if the legal person falls within the provisions Government Ordinance no. 26/2000 , approved with amendments and additions by Law no. 246/2005 , with subsequent amendments and completions, in order to register the mention in the National Register of legal entities without patrimonial purpose-associations, foundations and federations; c) the Bucharest Tribunal, for the case of political parties, in order to register the mention in the Register of political parties d) of the court in the constituency of which the union is based, if it falls within the provisions of the Law no. 62/2011 , republished, as amended, in order to register the mention in the Special Register; e) the judge in the constituency of which the company is based, for the case in which it falls within the provisions Law no. 36/1991 , as amended, in order to register the mention in the Register of Agricultural Companies; f) the competent public institution with the registration of the respective activity, for legal entities established by normative acts g) other institutions empowered by law to authorise the establishment or registration of a legal person, other than those provided in lett. a)-f). (2) In case of extension of the duration of the preventive measures, the communication provided in ((1) is made for each extension. (3) At the end of the preventive measure, the institutions provided in ((1) lit. a)-g) radiate from the registers the specific claims made. + Article 86 Non-compliance with the preventive measures taken against (1) The performance by the legal person of operations in violation of the preventive measure ordered attracts the absolute nullity of the concluded legal acts. (2) Failure to comply with the preventive measures taken against the legal person shall also attract the failure to comply with the art. 493 493 para. ((2) of Law no. 135/2010 . + Title VIII Execution of obligations established by the prosecutor in case of waiver of prosecution + Article 87 Execution of obligations related to compensation for damage caused by offence (1) Where the prosecutor has established the obligation laid down in art. 318 318 para. ((3) lit. a) of Law no. 135/2010 , the person against whom the prosecution was dropped must, within 6 months of the communication of the order, prove the fulfilment of civil obligations, as follows: a) by statement of the civil party, made before the prosecutor or authenticated at the notary; b) by submitting the legal act that records the way of repairing the damage, agreed by the parties; c) by submitting the recipsis of payment or by recording the amount representing the compensation in the name of the civil party; d) by minutes drawn up by the police body on the return of the property or the restoration of the previous situation. (2) If, prior to the issuance of the prosecutor's order or within 6 months from the communication of the ordinance, a final decision of the civil court on the amount of compensation, the obligation of repair provided in par. ((1) will relate to that amount. ((3) If the defendant and the civil party do not reach an agreement on the amount of compensation due or the way of repairing the damage, the parties may apply to the civil court. In this case, it will not be ordered to revoke the waiver of prosecution on the grounds of failure to comply with the obligation art. 318 318 para. ((3) lit. a) of Law no. 135/2010 . (4) The obligation provided for in art. 318 318 para. ((3) lit. a) of Law no. 135/2010 does not consider itself unfulfilled and does not attract the revocation of the order by which the prosecution was ordered to be dropped when the person against whom the waiver was ordered proves that it does not have the means necessary to fully repair the damage, but repaired part of it, corresponding to its possibilities. + Article 88 Enforcement of the obligation to publicly apologize to the injured person (1) The defendant may transmit to the injured person an apology, either by using means of mass communication or directly, provided that two or more persons are present, apart from the defendant and the injured person, in the presence of a Police representative. (2) If the offence was committed in public, the prosecutor may establish that the apology be presented in circumstances similar to those in which the offence was committed, provided that two or more persons are present besides the defendant and the person. injured, in the presence of a police representative. ((3) The proof of fulfilment of the obligation shall be made by submitting the written record or text that has been broadcast or the minutes drawn up by the police body. (4) If it finds that the message sent to the injured person does not represent a request for an apology or the condition of advertising has not been respected, the prosecutor will order the transmission of another message or revoke the ordinance waived Tracking. + Article 89 Provision of unpaid work for the community (1) If the provision of unpaid work for the benefit of the community has been ordered, the prosecutor shall decide that the work shall be carried out: a) within the framework of a service within the local authorities in the constituency of which the person to whom the prosecution has been renounced; or b) within an institution in the community empowered according to the procedure provided in art. 20, if it has expressed in writing the agreement for the receipt to work of the person against whom the prosecution was dropped and has places available unfilled in the collaboration with the probation service. (2) A day of unpaid community work means two hours of activity actually performed. (3) The guidance and verification of the actual modality in which the person carries out community service shall be carried out by a representative of the institution in the community where the work is carried out. (4) The prosecutor may ask the police body in the constituency to which the institution is located where unpaid work will be performed for the benefit of the community to verify the fulfilment of the obligation. (5) After the execution of the obligation, the institution in the community where unpaid community work has been executed has the obligation to communicate to the person against whom the prosecution has been dropped a certificate attesting that unpaid work in community service has been executed. The certificate is submitted to the prosecutor, to prove the fulfilment of the obligation (6) Provisions art. 51 51 para. ((3)-(7) and art. 52 52 para. ((3)-(7) shall apply accordingly. (7) If, during the execution of unpaid work for the benefit of the community, there is a circumstance that puts the person unable to continue the provision of work, it will immediately notify the prosecutor, who will take the necessary measures. + Article 90 Attendance of a counseling program (1) If the attendance of a counseling program was ordered, the person against whom the prosecution was dropped is obliged within the term set by the prosecutor to identify and follow at his own expense a counseling program. indicated by the prosecutor, within an institution in the community among those included in the database constituted at national level according to art. 20 20 para. ((6). (2) After the execution of the obligation, the institution in the community that organized the program has the obligation to communicate to the person against whom the prosecution was dropped a certificate attesting that the person followed that program. to the prosecutor, to prove the obligation. + Title IX Transitional and final provisions + Article 91 Application of this law to foreigners The provisions of this law also apply accordingly to foreigners or stateless persons who are in the course of proceedings before judicial bodies or in the execution of a sentence or non-custodial measures in Romania, except for the situation in which special legislation in the field provides otherwise. + Article 92 Entry into force (1) This Law shall enter into force on the date of entry into force of Law no. 286/2009 , with subsequent amendments and completions. (2) Within 60 days from the entry into force of this law, the Government will adopt, by decision, the implementing regulation of its provisions, provided for in art. 19 19 para. ((2). (3) Within 5 months from the entry into force of this law, the Government will adopt, by decision, the minimum standards of work in probation for the institutions in the community, provided in art. 18 18 para. ((6). (4) Within 60 days from the publication of the Government's decision on minimum working standards for institutions in the community, provided in par. (3), the Minister of Justice and the Minister of National Education will issue the joint order for the approval of the Framework Programme, provided for in 66 66 para. ((2). This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished.
CHAMBER OF DEPUTIES PRESIDENT
VALERIU-STEFAN ZGONEA
SENATE PRESIDENT
GEORGE-CRIN LAURENȚIU ANTONESCU Bucharest, July 19, 2013. No. 253. -------