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Law No. 255 Of 19 July 2013

Original Language Title:  LEGE nr. 255 din 19 iulie 2013

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LEGE no. 255 255 of 19 July 2013 (* updated *) for the implementation of Law no. 135/2010 on the Code of Criminal Procedure and for amending and supplementing certain normative acts that include criminal procedural provisions ((updated until 28 June 2014 *)
ISSUER PARLIAMENT




-------------- The Romanian Parliament adopts this law + Title I General provisions General provisions + Chapter I Subject matter Subject matter + Article 1 This law has as its object the implementation of Law no. 135/2010 on the Code of Criminal Procedure, by regulating the transitional situations resulting from its entry into force, as well as by agreeing the legislation with its provisions. + Article 2 In the present law, the following terms and phrases have the following meaning: a) Code of Criminal Procedure- Law no. 135/2010 on the Code of Criminal Procedure, published in the Official Gazette of Romania, Part I, no. 486 of 15 July 2010, as amended and supplemented by this Law; b) Criminal Procedure Code of 1968- Law no. 29/1968 on the Code of Criminal Procedure, republished in the Official Gazette of Romania, Part I, no. 78 of 30 April 1997, with subsequent amendments and completions; c) the old law-the Code of Criminal Procedure of 1968, as well as any provisions of a criminal procedural character prior to the entry into force of this Law; d) new law-Code of criminal procedure and criminal procedural provisions, as amended by Titles II and III; e) Criminal Code of 1968- Law no. 15/1968 on the Criminal Code of Romania, republished in the Official Gazette of Romania, Part I, no. 65 of 16 April 1997, with subsequent amendments and completions. + Chapter II Provisions on transitional situations Provisions on transitional situations + Article 3 The new law applies from the date of entry into force of all cases before the judicial bodies, with the exceptions provided for in this Law. + Article 4 (1) The procedural documents fulfilled before the entry into force of the Code of Criminal Procedure, in compliance with the legal provisions in force on the date of their fulfilment, remain valid, with the exceptions provided by this law. (2) The nulity of any act or work carried out before the entry into force of the new law can be invoked only under the terms of the Code of Criminal Procedure. (3) In the cases pending on the date of entry into force of the new law, the violation, in the course of criminal prosecution, of the legal provisions regarding the mandatory presence of the accused or the defendant or their mandatory assistance by The defender can be relied upon until the debates begin. + Article 5 (1) Causes in the course of criminal prosecution on the date of entry into force of the new law remain within the competence of the legal prosecution bodies notified, to be resolved according to it, except for the cases of competence of military prosecutors and military sections within the competent prosecutor's offices. (2) Complaint of the court in the cases provided in par. (1) will be made according to the rules of competence of the new law. (3) At the trial of the cases and the settlement of proposals, appeals, complaints or any other requests in which the criminal investigation was carried out by the National Anti-Corruption Directorate according to the old law, as well as those who remained in its competence under the conditions of paragraph (1), prosecutors from the National Anti-Corruption Directorate participate. + Article 6 (1) Causes pending in the first instance on the date of entry into force of the new law in which the judicial investigation has not begun shall be settled by the competent court according to the new law, according to the rules provided by the same law. (2) In the situation referred to in par. (1), the court before which the case is located shall send the judge of the preliminary chamber, in order to proceed according to art. 342-348 of the Code of Criminal Procedure, or, as the case may be, a decline in favour of the competent court. + Article 7 The cases pending in the first instance in which the judicial investigation began before the entry into force of the new law remain in the jurisdiction of the same court, the judgment to be carried out according to the new law. + Article 8 The decisions rendered in the first instance after the entry into force of the new law are subject to appeal, to the terms and conditions of their exercise, provided by the new law. + Article 9 (1) Sentences subject to ordinary remedies according to the old law, as to which the term of declaration of the ordinary course of attack had not expired on the date of entry into force of the new law, are subject to appeal. The appeal is judged by the competent court according to the new law, according to the rules provided by the ((2) Applications for appeal against the sentences provided in par. (1) submitted before the entry into force of the new law will be considered requests for appeal. (3) In the case provided in par. (1), the deadline for declaring the call shall be calculated according to art. 363 of the Criminal Procedure Code of 1968. ((4) Decisions rendered in appeals settled according to par. (1) are final, under the conditions of art. 552 of the Code of Criminal Procedure. (5) The sentences by which it was ordered, according to the old law, to return the case to the prosecutor regarding which the deadline for declaring the appeal had not expired on the date of entry into force of the new law are subject to appeal, according to art. 347 347 para. (1) of the Code of Criminal Procedure. (6) The appeal provided in par. (5) shall be settled by the preliminary chamber judge of the superior hierarchical court to the one to whom, according to the new law, the jurisdiction to judge the case in the first instance or, as the case may be, by the competent panel of the High Court of Cassation and Justice. ((7) Applications for appeal against the sentences provided in par. (5), submitted before the entry into force of the new law, will be considered appeals. (8) The deadline for declaring the appeal referred to in par. (5) is calculated according to art. 332 332 para. 4 of the Criminal Procedure Code of 1968. + Article 10 (1) Appeals pending on the date of entry into force of the Code of Criminal Procedure shall be settled by the same court, according to the provisions of the new law on appeal. (2) Appeals pending on the date of entry into force of the Code of Criminal Procedure, declared against the judgments for which the old law does not provide for the appeal of appeal, shall be settled by the same court, according to the provisions of the new law on appeal. ((3) Decisions rendered in appeals settled according to par. (1) and (2) are final, under the conditions of art. 552 552 para. (1) of the Code of Criminal Procedure. (4) Appeals pending on the date of entry into force of the Code of Criminal Procedure, declared against the sentences by which the case of the prosecutor has been returned, shall be settled according to the provisions of the new law on appeal of to the preliminary chamber judge of the superior hierarchical court to the one to whom the jurisdiction would return to judge the case in substance or, as the case may be, by the competent panel of the High Court of Cassation and Justice. + Article 11 (1) Decisions rendered on appeal before the entry into force of the Code of Criminal Procedure as to which the term of declaration of the ordinary remedy provided by the previous law had not expired on the date of entry into force of the new law are subject Appeal in cassation. (2) In the cases provided in par. ((1), the 30-day deadline for declaring the appeal in cassation flows as follows: a) from the date of entry into force of the Code of Criminal Procedure, for the prosecutor and for the parties as to which the previous law did not provide for the obligation to communicate the appeal decision, as well as for the parties to whom the decision was communicated prior to entry into force of the Code of Criminal Procedure; b) from the date of communication, for the parties to whom the decision was communicated after the date of entry into force of the Code of Criminal Procedure. ((3) Applications for appeal against the decisions referred to in par. (1), submitted before the entry into force of the new law, will be considered applications for appeal in cassation. (4) The resolution of the appeal in cassation is subject to the provisions of the Code of Criminal Procedure. (5) Decisions provided in par. (1) become final on the date of entry into force of the Code of Criminal Procedure. + Article 12 (1) Appeals pending on the date of entry into force of the new law, declared against judgments that have been subject to appeal according to the old law, remain within the jurisdiction of the same court and are judged according to the provisions of the old law on appeal. (2) In the case provided in par. ((1), by derogation from the provisions of art. 552 552 para. (1) of the Code of Criminal Procedure, the judgment of the appellate court remains final on the date of the resolution of the appeal, if it has been rejected or if it has been admitted and the trial has ended before the appeal court. (3) The decisions rendered in the appeal settled according to par. (1) may not be appealed in cassation. + Article 13 The decisions remaining final before the entry into force of the new law cannot be appealed with appeal in cassation under the new law. + Article 14 (1) The retrial of the case by the court whose decision was abolished or by the competent court, ordered after the entry into force of the Code of Criminal Procedure, is carried out according to the new law. (2) In the cases in which the retrial was ordered before the entry into force of the Code of Criminal Procedure, the provisions of art. 5 5-10 shall apply accordingly. + Article 15 (1) Complaints against the solutions of the prosecutor of non-arraignment, pending before the courts on the date of entry into force of the new law, continue to be judged by the competent courts according to the old law, according to the rules same law. (2) In the cases provided in par. (1), the court that admits the complaint and holds the case for trial according to art. 278 ^ 1 para. ((8) lit. c) of the Criminal Procedure Code of 1968 makes the application of the provisions of art. 341 341 para. ((7) 2 of the Code of Criminal Procedure, on the evidence and acts of prosecution. The conclusion is subject to appeal, under the new law. (3) The non-referral solutions to the judgment on which the term of application of the complaint to the court has not expired on the date of entry into force of the new law are subject to the complaint to the preliminary chamber judge, under the conditions provided by art. 340 of the Code of Criminal Procedure. The complaint is settled according to new law. + Article 16 (1) Preventive measures under execution on the date of entry into force of the new law continue and remain for the duration for which they were ordered, under the conditions provided by the old law. Upon expiry of this duration, preventive measures may be extended or, as the case may be, maintained, revoked or replaced by another preventive measure, under the conditions of the new law. (2) On the expiry of the duration of the preventive measure of the obligation not to leave the locality or the obligation not to leave the country, pending on the date of entry into force of the new law, one may take against the defendant any of the measures preventive measures provided for by new law (3) In the cases pending on the date of entry into force of the new law, the preventive measure of the obligation not to leave the locality or that of the obligation not to leave the country, pending, shall be maintained until the court granted, when the court may take against the defendant any of the preventive measures provided for by the new law. + Article 17 (1) Proposals, applications or any other causes regarding the taking, extension, revocation, replacement or termination of preventive measures, in the course of criminal prosecution, pending in the first instance on the date of entry into force of the new law, shall be settle by the judge of rights and freedoms competent according to the new law, according to the rules provided by the same law. (2) Appeals pending on the date of entry into force of the new law, declared against the terminations during the criminal investigation regarding preventive measures, remain within the jurisdiction of the same court and are judged according to the rules provided by the old law. If the court accepts the appeal and scrapes the conclusion, it shall retry the case according to the new law, and may take any of the preventive measures provided for by it. + Article 18 Appeals pending on the date of entry into force of the new law, declared against the terminations by which, in the course of the judgment, it was ordered to take, maintain, revoke, replace or terminate preventive measures, remain in competence the same court and judge according to the rules provided by the old law If the court accepts the appeal and scrapes the conclusion, it shall retry the case according to the new law, and may take any of the preventive measures provided for by it. + Article 19 When, in the course of the trial, it is found that in respect of a fact committed before the entry into force of the Criminal Code, the provisions of 18 ^ 1 of the Criminal Code of 1968, as a more favorable criminal law, the prosecutor orders the ranking, and the court orders the acquittal, under the Code of Criminal Procedure + Article 20 (1) On the date of entry into force of this law, the Bucharest Military Court and the Military Prosecutor's Office of the Bucharest Military Court shall be abolished. (2) The occupied posts and personnel of the Bucharest Military Court and the Military Prosecutor's Office of the Bucharest Military Court shall be transferred to the Bucharest Territorial Military Court or, as the case may be, to the Military Prosecutor's Office of the The Territorial Military Court of Bucharest, and the vacancies, depending on the needs, can be transferred to other military courts or military prosecutor's offices. Persons who occupy leading positions at the court or the disbanded prosecutor's office shall transfer to execution positions at the Bucharest Territorial Military Court or, as the case may be, at the Military Prosecutor's Office of the Territorial Military Court of Bucharest. (3) The materials and materials of the Military Court of Bucharest and of the Military Prosecutor's Office of the Military Court of Bucharest will be redistributed by the Territorial Military Court of Bucharest, respectively by the Military Prosecutor's Office of the near the Bucharest Territorial Military Court. (4) On the date of the abolition of the Bucharest Military Court, the Bucharest Territorial Military Court changes its name to the Bucharest Military Court, and the Military Prosecutor's Office of the Territorial Military Court of Bucharest changes its name to Military Prosecutor's Office of the Military Court of Bucharest. (5) By applying the provisions of paragraph (1)-(4), the military courts of Bucharest, Cluj, Iasi and Timisoara become equivalent to the courts. ((6) The personnel of the military courts of Bucharest, Cluj, Iasi and Timisoara who have professional degree of court acquires, on the date of entry into force of this law, the professional degree of court, as well as the rights and obligations Related. The management positions at the military courts of Cluj, Iasi and Timisoara are dealt with under the conditions provided by art. 48 48 of Law no. 303/2004 on the status of judges and prosecutors, republished, with subsequent amendments and completions. (7) The personnel of the military prosecutor's offices of the military courts of Bucharest, Cluj, Iasi and Timisoara who have professional degree of parquet from the court acquires, on the date of entry into force of this law, the professional degree of parquet by the court, as well as its rights and obligations. The management positions at the military prosecutor's offices near the military courts of Cluj, Iasi and Timisoara deal with the conditions provided by art. 49 49 of Law no. 303/2004 , republished, with subsequent amendments and completions. (8) The new states of functions and personnel for the Bucharest Military Court and for the Military Prosecutor's Office of the Bucharest Military Court are approved by joint order of the Minister of Justice and the Minister of National Defence, with the of the Superior Council of Magistracy. + Article 21 (1) The cases before the Bucharest Military Court, which shall be abolished, shall be taken up by administrative means, within 3 days from the date of entry into force of this Law, by the Territorial Military Court of Bucharest, renamed according to art. 20 20 para. (4), which shall continue their resolution. (2) The cases pending at the Military Prosecutor's Office of the Bucharest Military Court, which are abolished, will be taken up by administrative means, within 3 days from the date of entry into force of this Law, at the Prosecutor's Office Military from the Territorial Military Court of Bucharest, renamed according to art. 20 20 para. (4), which shall continue their resolution. + Article 22 Whenever other normative acts, except Law no. 286/2009 on the Criminal Code, with subsequent amendments and completions, Law no. 135/2010 on the Code of Criminal Procedure, Law no. 254/2013 on the execution of sentences and custodial measures ordered by judicial bodies during the criminal proceedings, Law no. 253/2013 on the execution of penalties, educational measures and other measures ordered by judicial bodies in the course of the criminal, non-custodial and Law no. 252/2013 on the organization and functioning of the probation system, refer to the measure of preventive arrest, the reference is considered to be made to the measure of house arrest. + Article 23 ((1) Applications, appeals and complaints lodged within 6 months from the date of entry into force of the Law no. 286/2009 , with subsequent amendments and completions, having as object the application of art. 4 and 6 of this law in the case of decisions remaining final prior to its entry into force, shall be settled after the procedure provided for in this Article, which shall be supplemented by the provisions of the Code of Criminal Procedure (2) Applications, appeals and complaints concerning persons in the execution of sentences and custodial educational measures shall be resolved urgently and in particular by the appropriate court in the rank of the court of execution in the whose constituency is the holding place or, as the case may be, the educational centre or the re-education centre. The provisions of this paragraph shall also apply to applications, appeals and complaints concerning persons in the postponement or interruption of the execution of penalties or educational measures. (3) In the cases provided in par. (2), if, according to the Code of Criminal Procedure, jurisdiction would return to several courts of different degree, the jurisdiction to settle the case with regard to all incidents in execution concerning the same person lies with the higher court in the degree. (4) The court seised of the situations referred to in par. (2) will examine and resolve, ex officio, regarding the same person, any aspects necessary for the resolution of the case. (5) Committees established on the basis of Government Decision no. 836/2013 on the establishment and attributions of the commission for the assessment of the application of the more favourable criminal law in the case of persons in the execution of sentences and educational measures regarding freedom from the perspective of new criminal regulations criminal proceedings refer to the competent court in situations where at least one of their members considers that the provisions of art. 4 4 or ale art. 6 6 of Law no. 286/2009 , with subsequent amendments and completions. (6) In cases where it considers that the execution of the sentence is to cease during February 2014, the committees shall notify the competent court according to this Article at least 15 days before the date of entry into force of the Code of criminal procedure. (7) Applications, appeals and complaints concerning persons in a state of freedom shall be settled by the executing court. (8) In all cases provided in par. (1), the procedure is carried out without the participation of the prosecutor, the convict, who is communicated the term of resolution and the possibility to draw written conclusions, and without the participation of the lawyer of the convict The device of the judgment shall be communicated to the prosecutor and to the convict (9) The judgment may be appealed to the higher hierarchical court within 3 days of the communication. (10) The appeal shall be settled by a panel of a judge, with the participation of the prosecutor and with the summoning of the convict, in public sitting. (11) The decision finding the applicability of art. 4 4 or art. 6 of the Criminal Code and it is ordered to release the convict is enforceable. The appeal does not suspend the execution and is resolved within 3 days. ------------- Article 23 has been amended by section 6.6. 1 1 of art. 4 of EMERGENCY ORDINANCE no. 116 116 of 23 December 2013 , published in MONITORUL OFFICIAL no. 837 837 of 24 December 2013. + Article 24 The criminal procedural provisions of the special laws are completed with those of the Code of Criminal Procedure. + Title II Provisions on modification and completion of certain normative acts comprising criminal procedural provisions Provisions on modification and completion of certain normative acts comprising criminal procedural provisions + Article 25 Article 48 ^ 8 of Law no. 17/1990 * *) on the legal regime of inland maritime waters, territorial sea, contiguous area and exclusive economic zone of Romania, republished in the Official Gazette of Romania, Part I, no. 765 of 21 October 2002, with subsequent amendments and completions, shall be amended and shall read as follows: "" Art. 48 48 ^ 8. -In the case of crimes provided for in 48 ^ 1, the finding of their commission and the criminal investigation return to the prosecution bodies. " + Article 26 Article 282 ^ 1 of Company law no. 31/1990 , republished in the Official Gazette of Romania, Part I, no. 1.066 of 17 November 2004, as amended and supplemented, shall be repealed. + Article 27 Law no. 11/1991 on combating unfair competition, published in the Official Gazette of Romania, Part I, no. 24 of 30 January 1991, as amended and supplemented, shall be amended as follows: 1. In Article 7, paragraph 1 shall read as follows: "" Art. 7. -The actions arising from an act of unfair competition are within the jurisdiction of the court of the commission of the act or in whose territorial area the seat of the defendant is found; in the absence of a headquarters the defendant's domicile court is competent. " 2. Article 8 shall read as follows: "" Art. 8. -Criminal action in the cases provided in art. 5 is set in motion on the prior complaint of the injured person, on the complaint of the chamber of commerce and territorial industry or of another professional organization or on the complaint of persons empowered by the Competition Council. In application of this law, the Competition Council will have the powers provided for art. 33 33-38 and 40 of the Competition Law no. 21/1996 , republished, with subsequent amendments and completions. " 3 articles 9, 10, 11, 12 and 13 shall be repealed. + Article 28 Law no. 50/1991 on the authorization of the execution of construction works, republished in the Official Gazette of Romania, Part I, no. 933 of 13 October 2004, as amended and supplemented, shall be amended and supplemented as follows: 1. After Article 24, a new article is inserted, Article 24 ^ 1, with the following contents: "" Art. 24 24 ^ 1. -(1) The court, by the decision by which it resolves the merits of the case, may order the classification of the works in the provisions of the authorization or the abolition of constructions (2) The prosecutor or the court may order, ex officio or upon request, the temporary halt of the execution of the works, throughout the criminal proceedings. " 2. In Article 32, paragraph 4 shall be amended and shall read as follows: " (4) In the situations provided in art. 24, the control bodies will be able to ask the judicial bodies to order the measures mentioned in paragraph ((1). The competent control bodies, according to the law, can ask the notified prosecution bodies and, as the case may be, the court to order the temporary halt of the execution of the works, throughout the criminal proceedings. " + Article 29 Law no. 51/1991 *) on the national security of Romania, published in the Official Gazette of Romania, Part I, no. 163 of 7 August 1991, as amended, shall be amended and supplemented as follows: 1. The title of the law changes and will read as follows: " LEGE on the national security of Romania " 2. Throughout the law, the phrase "national security" is replaced by the phrase "national security". 3. After Article 12, ten new articles are introduced, Articles 12 ^ 1-12 ^ 10, with the following contents: "" Art. 12 12 ^ 1. -In the situations provided in art. 3 bodies with attributions in the field of national security may, under the law on their organization and functioning: a) to request and obtain objects, documents or official relations from public authorities or institutions, respectively to request from legal persons of private law or from individuals; b) consult experts or experts; c) to receive referrals or relationship notes; d) to fix some operative moments by shooting, filming or by other technical means or to carry out personal findings, regarding public activities carried out in public places, if this activity is carried out occasionally; e) require data generated or processed by providers of electronic communications networks or providers of electronic communications services intended for the public, other than their content, and retained by according to the law f) to carry out activities specific to the collection of information involving the restriction of the exercise of fundamental human rights or freedoms carried out in compliance with the legal provisions. Article 12 ^ 2. -The activities specific to the collection of information that involve the restriction of the exercise of fundamental human rights or freedoms shall be carried out only in situations where: a) there are no other possibilities or there are limited possibilities for the knowledge, prevention or countering of risks or threats to national security; b) they are necessary and proportionate, given the circumstances of the concrete situation; c) the authorization provided by law was obtained. Specific activities referred to in par. 1 1 may consist of: a) interception and recording of electronic communications, carried out in any form; b) the search for information, documents or documents for which access is necessary to a place, to an object or the opening of an object; c) the erection and reinstatement of an object or document, its examination, the extraction of the information it contains, as well as the recording, copying or obtaining of extracts by any processes; d) the installation of objects, their maintenance and erection from the places where they were filed, surveillance by shooting, filming or by other technical means or personal findings, carried out systematically in public places or carried out in any mode in private places; e) localization, tracking and obtaining of information by GPS or other technical means of supervision; f) interception of postal items, their erection and reinstatement, their examination, the extraction of the information they contain, as well as the registration, copying or obtaining of extracts by any processes; g) obtaining information on financial transactions or financial data of a person, under the law. Article 12 ^ 3. -The proposal for the authorization of specific activities from those provided in art. 12 ^ 2 para. 2 2 shall be made in writing and shall contain: a) the name and function of the person making the proposal; b) date and place of issue of the proposal c) data or information showing the existence of a threat to national security, by presenting the facts and circumstances on which the proposal is based; d) the motivation for which specific activities are required; e) the categories of activities for which the request for authorization is proposed; f) if it is necessary to approve the penetration into private spaces for carrying out specific activities; g) the period for which the request for authorization is proposed; h) identity of the person subject to the measure, if known; i) the place where the proposed activities are to be carried out, if it is known. The proposal is submitted to the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice and is examined in terms of legality and merits, within 24 hours of registration or immediately in urgent cases, of specific prosecutors appointed by him. If he considers that the proposal is unjustified, the prosecutor rejects it by reasoned order, communicating this immediately to the body that formulated it. If it is assessed that the proposal is well founded and the conditions laid down by law are met, the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice or his rightful replacement shall request in writing to the President of the High Courts of Cassation and Justice authorization of proposed activities. The request must include the data referred to in par. 1. The request is examined, urgently, in the council chamber, by one of the judges appointed by the president of the High Court of Cassation and Justice. If the judge, examining the request, considers that there is not enough information, he requests the supplementation immediately, in writing, of the arguments presented. Article 12 ^ 4. -In case of request for extension of authorization, the application shall be drawn up according to art. 12 ^ 3, which shall apply accordingly, plus the request for extension of the authorization, with the presentation of the reasons justifying the extension. Article 12 ^ 5. -If the judge finds that the request is justified and the activities are required under the conditions of art. 12 ^ 2 para. 1, shall have the authorization, by reasoned conclusion, to include: a) name of the court, date, time and place of issue; b) data and information showing the existence of a threat to national security, by presenting the facts and circumstances justifying the measure; c) the specific activities authorized, among those provided in art. 12 ^ 2 para. 2 2; d) the identity of the person who is affected by the specific activities, by restricting the fundamental rights and freedoms, if known; e) the bodies performing the authorized activities; f) natural or legal persons who are required to provide support to the execution of authorized activities; g) specify the place or localities in which the authorized activities will be carried out, if they are known; h) the duration of the authorisation. The judge also issues a mandate including the elements provided in par. 1 lit. a) and c)-h). In situations where it is necessary to authorise new activities other than initial activities, their deployment to other places or localities, if known, or when changes in call numbers have occurred, the original mandate shall be duly complete, with the application of the procedure provided for in art. 12 12 ^ 3. The duration of validity of the authorization of the activities is the one necessary for their conduct, but not more than 6 months. The authorisation may be extended under the same conditions, for duly justified reasons, each extension not exceeding 3 months. The maximum duration of authorisations with regard to the same data and information showing the existence of a threat to national security shall be two years. The specific activities shall cease before the expiry of the duration for which they were authorised, as soon as they have ceased their reasons. Article 12 ^ 6. -If the judge finds that the application is not justified, he rejects it by reasoned conclusion. The conclusion is final. A new authorization regarding the same person can be requested and issued only if the request is based on new data and information and in compliance with the provisions of art. 12 12 ^ 3-12 ^ 5. Article 12 ^ 7. -When the delay in obtaining the authorization seriously prejudices the finality of the necessary specific activities, they can be carried out with the authorization of the prosecutor, for a maximum duration of 48 hours, and the authorization of the judge will be requested, as soon as there is the possibility, but no later than the expiration of this term. The judge shall rule on the request immediately. If the judge considers that it is necessary to continue the activities provided in par. 1, provisions of art. 12 12 ^ 3-12 ^ 5 shall apply accordingly. If the judge considers that the continuation of the activities provided in par. 1, confirm their performance and the preservation of the materials obtained or, as the case may be, order their immediate termination and destruction of the materials obtained, within a maximum of 7 days. A copy of the minutes of destruction shall be transmitted to the judge. Article 12 ^ 8. -Persons who request authorization, authorize, enforce or support the execution of authorization benefit from the protection of the law and are obliged to keep the secret to the data and information they are aware of with this occasion and comply with the legal provisions on protection of classified information. The bodies implementing the authorized activities are obliged to interrupt them immediately when the grounds that justified them have ceased and to inform the Prosecutor General of the Prosecutor's Office of the High Court of Justice. Cassation and Justice. The Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice informs the High Court of Cassation and Justice about the interruption of authorized activities when the grounds that justified them have ceased. The same bodies have the obligation to inform in writing the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice about the outcome of the activities authorized by the mandate and about the measures taken, according to The procedure for the authorization of specific activities, as well as the carrying out of authorized activities shall be carried out in compliance with the legal provisions Article 12 ^ 9. -Data and information of interest for national security, resulting from authorized activities, if they indicate the preparation or commission of a deed provided by the criminal law, are retained in writing and transmitted to the prosecution bodies, under art. 61 of the Code of Criminal Procedure, accompanied by the mandate issued for them, plus the proposal for declassification, as the case may be, total or in extract, according to the law, of the mandate. Calls and/or communications intercepted, rendered in writing, and/or recorded images shall be transmitted to the prosecution bodies in full, accompanied by their original digital content. If the data and information resulting from the authorized activities are not sufficient for the referral to the prosecution bodies, nor does it justify the further conduct of information activities with respect to that person, from the provision of the head of the state body with attributions in the field of national security shall be notified to the person whose rights or freedoms have been affected by the authorized activities, regarding the activities carried out against this and the periods in which they unfolded. Notification provided in par. 2 will not be done if: a) could lead to the endangerment of the performance of the duties of the state bodies with attributions in the field of national security, by revealing their sources, including the security and information services of other states; b) could affect the defence of national security; c) could affect the rights and freedoms of third parties; d) could lead to the unravelling of methods and means, including the special techniques of concrete investigation, used in the respective case by state bodies with attributions in the field of national security. Article 12 ^ 10. -Any person who considers himself injured in his fundamental rights or freedoms as a result of activities specific to the collection of information carried out by the intelligence bodies or those with attributions in the field of national security shall be can address, according to the law, parliamentary committees or judicial bodies, as follows: a) the commissions charged to exercise parliamentary control, according to the laws of organization and functioning of the information bodies or those with attributions in the field of national security; b) to the court, under the conditions Law no. 677/2001 for the protection of individuals with regard to the processing of personal data and the free movement of such data, with subsequent amendments and completions; c) courts, for the repair of material and moral damages suffered, according to civil law; d) judicial bodies, through the formulation of complaints and remedies according to the Code of Criminal Procedure; e) other committees or judicial bodies, according to the procedures regulated by special laws. " 4. Articles 13 to 15 shall be repealed. 5. Article 20 is amended and shall read as follows: "" Art. 20. -The conduct, without authorization, of activities specific to the collection of information subject to authorization under the conditions of this law or with exceeding the authorization granted is punishable by imprisonment from 2 to 7 years, if the act does not constitute a crime more serious. With the same punishment is sanctioned and the act of the official who discloses, refuses or prevents, in any way, the carrying out of the mandate issued under the conditions of this law. The attempt is punishable. " + Article 30 Law no. 14/1992 on the organization and functioning of the Romanian Intelligence Service, published in the Official Gazette of Romania, Part I, no. 33 of 3 March 1992, as amended and supplemented, shall be amended as follows: 1. Article 9 shall read as follows: "" Art. 9. --In order to establish the existence of national security threats, art. 3 3 of Law no. 51/1991 on the national security of Romania, as amended, the information services may carry out, in compliance with the law, checks by: a) the request and obtaining of objects, documents or official relations from public authorities or institutions, namely the request from legal entities of private law or from individuals; b) consultation of experts or experts; c) receipt of referrals or notes of relations; d) fixing of operative moments by shooting, shooting or by other technical means or personal findings, regarding public activities carried out in public places, if not carried out systematically; e) obtaining data generated or processed by providers of electronic communications networks or providers of electronic communications services intended for the public, other than their content, and retained by them according to law The Romanian Intelligence Service carries out through specialized laboratories and own specialists findings ordered or requested under the law. " 2. Article 10 shall read as follows: "" Art. 10. -In situations that constitute threats to national security, the Romanian Intelligence Service, through personnel designated for this purpose, carries out activities specific to the collection of information that involve the restriction of the exercise of rights or fundamental human freedoms, carried out according to the procedure laid down Law no. 51/1991 ,, as amended, which shall apply accordingly. Activities specific to the collection of information, provided in par. 1, are controlled by the Parliament, within the limits and conditions provided by law. " 3. Article 11 shall read as follows: "" Art. 11. -If from the specific checks and activities provided for in art. 9 and 10 result data and information indicating the preparation or commission of a deed provided by the criminal law, they are transmitted to the prosecution bodies under the conditions provided by art. 61 61 of the Code of Criminal Procedure. " + Article 31 Law no. 83/1992 on the urgent follow-up and trial procedure for some corruption offences, published in the Official Gazette of Romania, Part I, no. 173 173 of 22 July 1992, shall be repealed. + Article 32 Law of public notaries and notarial activity no. 36/1995 , republished *) in the Official Gazette of Romania, Part I, no. 72 of 4 February 2013, as amended, shall be amended and supplemented as follows: 1. Article 41 (1), letter f) shall be amended and shall read as follows: "f) when the final court decision ordered the conviction or postponement of the application of the sentence for the commission of a service offence or in connection with the service or for the intentional commission of another crime;" 2. In Article 41, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: " (2 ^ 1) The public notary can be kept in activity if, for a crime committed at fault, it was ordered to postpone the application of the sentence, the suspension of the execution of the sentence, the penalty of the fine was imposed or it benefited from amnesty or pardon before the start of the execution of the sentence and it is assessed that the act committed did not prejudice the prestige of the profession. " 3. In Article 42 (1), letter g) shall be amended and shall read as follows: "g) if the measure of preventive arrest or house arrest has been taken against the public notary, until the end of the measure;" + Article 33 Law no. 80/1995 on the status of military personnel, published in the Official Gazette of Romania, Part I, no. 155 of 20 July 1995, as amended and supplemented, shall be amended as follows: 1. Article 85 (1), letter k) shall read as follows: " k) when, for a crime committed at fault, they were applied by court decision to suspend the execution of the sentence under supervision or fine, as well as in cases when they benefited from amnesty or pardon before the start of execution of sentence; 2. In Article 87, paragraph 3 shall read as follows: " Military personnel in activity of the Ministry of National Defence convicted of crimes committed with intent to punishment of criminal fine or imprisonment, with suspension of execution or pardoned, before the start of execution of sentence or with on which the postponement of the application of the sentence was ordered, can be placed in reserve or directly in withdrawal or can be maintained in activity, on the basis of proposals submitted hierarchically to the commanders/heads who have established competences in this regard, by order of the Minister of National Defence " 3. In Article 89, paragraph 7 shall read as follows: " If the acquittal was ordered, the termination of the criminal proceedings, the renunciation of the sentence, the ranking or the waiver of the prosecution, the military personnel who were suspended from office under the conditions of par. 2 and who were at their disposal under the conditions of par. 4 and 5 are reinstated in the rights held at the time of suspension from office or at the time of making available, as the case may be, including in the previously held position or in an equivalent one, and will receive all the rights granted to them during the period suspended, respectively made available, according to the legal norms in force at the date of reinstatement. " 4. In Article 109, paragraph 4 shall read as follows: " Appointment, promotion, transfer, age limits, maintenance conditions in the magistracy and other aspects of the professional career of military judges and prosecutors are subject to the rules governing the status of judges and prosecutors. " + Article 34 Law no. 8/1996 on copyright and related rights, published in the Official Gazette of Romania, Part I, no. 60 of 26 March 1996, as amended and supplemented, shall be amended as follows: 1. In Article 138 (1), letter k) shall read as follows: "k) carry out expertise against cost, at the expense of stakeholders or at the request of judicial bodies;" 2. In Article 139, paragraphs 6 and 12 shall read as follows: " (6) The measures provided in par. ((3) and (5) may include detailed description, with or without sampling, or actual sequestration of the goods in dispute and, in appropriate cases, of the materials and instruments used to produce and/or distribute these goods. goods, as well as the documents referring to them. These measures will also be considered in the application of the provisions of art. 169-171 of the Code of Criminal Procedure. ..................................................................... (12) The measures provided in par. ((10) lit. b) and c) may also be ordered by the prosecutor on the occasion of the ranking or waiver of the prosecution. Provisions of paragraph ((10) lit. c) does not apply to constructions made in violation of the rights of architectural work, protected by this law, if the destruction of the building is not imposed by the circumstances of that case. " 3. Article 145 shall be repealed. + Article 35 Competition law no. 21/1996 , republished *) in the Official Gazette of Romania, Part I, no. 742 of 16 August 2005, as amended and supplemented, shall be amended as follows: 1. In Article 33, paragraph 2 shall read as follows: " (2) In the case of the crime referred to in 60 60 para. (1), staff designated under the conditions of par. (1) will be able to carry out only the acts established by 61 61 of the Code of Criminal Procedure. " 2. Article 37 shall read as follows: "" Art. 37. -Based on judicial authorization given by conclusion, according to art. 38, the competition inspector may carry out inspections, in the premises provided for in art. 36, as well as in any other premises, including domicile, land or means of transport belonging to managers, administrators, directors and other employees of economic operators or associations of economic operators subject investigation. " 3. In Article 38, paragraph 7 shall read as follows: " (7) The conclusion provided in par. (1) may be appealed to the High Court of Cassation and Justice within 48 hours. The deadline within which the conclusion can be appealed for the Competition Council flows from the moment of its communication, according to the provisions of ((2). As regards the person subject to the inspection, the deadline within which the conclusion can be appealed shall flow from the moment of its communication, according to the provisions of ((1). The appeal is not suspensive of execution. " + Article 36 Article 25 (1) of the Law no. 121/1996 on the organization and functioning of the Military Firefighters Corps, published in the Official Gazette of Romania, Part I, no. 257 of 23 October 1996, as amended, letter e) is amended and shall read as follows: " e) to find and notify, under the conditions of art. 61 of the Code of Criminal Procedure, facts that may constitute crimes in the field of fire prevention and extinction; " + Article 37 Paragraphs 1 and 2 of Article 31 of the Law no. 35/1997 on the organization and functioning of the institution of the Ombudsman, republished *) in the Official Gazette of Romania, Part I, no. 844 of September 15, 2004, with subsequent amendments and completions, shall be amended and shall read as follows: "" Art. 31. -(1) During the term of office, the Ombudsman may be pursued and sent to criminal judgment for acts, other than those provided for in art. 30, but cannot be detained, searched, arrested at home or remanded in custody without the consent of the presidents of the two Houses of Parliament. (2) The deputies of the Ombudsman may be followed and sent to criminal judgment for acts, other than those provided for in art. 30, but cannot be detained, searched, arrested at home or remanded in custody without prior notice of the Ombudsman. " + Article 38 Paragraph 1 of Article 59 of the Law no. 56/1997 for the application of the Convention on the prohibition of the development, production, storage and use of chemical weapons and their destruction, republished in the Official Gazette of Romania, Part I, no. 116 of 10 February 2004, is amended and shall read as follows: "" Art. 59. -(1) Criminal prosecution, in the case of crimes provided in art. 55, 56 and 58, shall be carried out by the prosecutor. " + Article 39 Paragraph 4 of Article 44 of the Law no. 255/1998 on the protection of new plant varieties, republished *) in the Official Gazette of Romania, Part I, no. 926 of 28 December 2011, as amended, is amended and shall read as follows: "(4) As part of the infringement action started by the patent holder for the variety, the licensee may seek compensation for the compensation of the damage." + Article 40 Law no. 188/1999 on the Statute of civil servants, republished in the Official Gazette of Romania, Part I, no. 365 of 29 May 2007, as amended and supplemented, shall be amended as follows: 1. In Article 77, paragraph 6 shall read as follows: " (6) If the act of the civil servant has been referred to as disciplinary misconduct and as a criminal offence, the procedure of the employment of disciplinary liability shall be suspended until the ranking or waiver of prosecution or until the date on which the the court orders the payment, the waiver of the sentence, the postponement of the application of the sentence or the 2. In Article 86, paragraphs 3 and 5 shall read as follows: " (3) If the classification or waiver of the prosecution or the payment or waiver of the application of the sentence or the postponement of the application of the sentence, as well as in the case of termination of the criminal proceedings, the suspension from the public office ceases, and the respective public official will resume his activity in the previously owned public office and will pay his salary rights related to the suspension period. ...................................................................... (5) From the moment of the setting in motion of the criminal action, if the public official can influence the investigation, the person who has the competence of appointment to the public office has the obligation to order the temporary relocation of the civil servant in the framework of another compartment or other structure without legal personality of the authority or public institution. " 3. In Article 94 (1), letter f) shall read as follows: "" f) is remanded in custody or is under house arrest; ' 4. In Article 98 (1), points f) and g) shall read as follows: " f) when by final court decision the conviction was ordered for an act provided for in art. 54 lit. h) or was ordered to apply a custodial sentence, at the time of the final stay of the decision; g) as a result of the prohibition of the exercise of the right to occupy a public office or to exercise the profession or the activity in the execution of which he committed the act, as complementary penalties, or as a result of the prohibition of a profession, as a safety measure, from the date of final stay of the court decision ordering the ban; " + Article 41 Law no. 78/2000 for the prevention, discovery and sanctioning of corruption, published in the Official Gazette of Romania, Part I, no. 219 of 18 May 2000, as amended and supplemented, shall be amended as follows: 1. Article 21 shall be repealed. 2. Article 26 shall read as follows: "" Art. 26. -Banking and professional secrecy, except for the professional secrecy of the lawyer exercised under the law, are not opposable to the prosecutor, after the start of the prosecution, nor to the court. " 3. Articles 26 ^ 1, 27, 30 and 31 shall be repealed. + Article 42 Article 36 of Law no. 139/2000 on meteorology activity, republished *) in the Official Gazette of Romania, Part I, no. 148 of 1 March 2007, as amended, shall be amended and shall read as follows: "" Art. 36. -(1) In the activity of meteorology, the finding of contraventions and the application of sanctions shall be made by the personnel of the National Meteorological Inspection and the personnel empowered by the coordinating minister, at the proposal of the Meteorological Center national, and in the activity of aeronautical meteorology, by the staff empowered by the state authority in the field of civil aviation. (2) The crimes provided by this law are found by the prosecution bodies, as well as by the persons referred to in par. ((1), which proceed according to art. 61 61 of the Code of Criminal Procedure. " + Article 43 Law no. 143/2000 * *) on the prevention and control of illicit drug trafficking and consumption, published in the Official Gazette of Romania, Part I, no. 362 of 3 August 2000, as amended and supplemented, shall be amended as follows: 1. in Article 1, points j) and k) shall be repealed. 2. In Article 18, paragraphs 1 and 3 shall read as follows: "" Art. 18. -(1) High drugs for confiscation are destroyed according to art. 574 lit. d) of the Code of Criminal Procedure. The preservation of counterapproval is mandatory. ........................................................................ (3) The destruction of drugs shall be carried out periodically, by incineration or by other appropriate means, by an authorized company, in the presence of a commission consisting of the judge delegated with the execution, one representative of the Agency National Anti-Drug, of the Ministry of Environment and Climate Change, a specialist within the central party specialized in preventing and combating illicit drug trafficking and use in the General Inspectorate of the Romanian Police and the manager of the chamber of delicate bodies of the same unit. 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. ' 3. Article 18 (4) shall be repealed. 4. Articles 20 to 25 shall be repealed. + Article 44 Law no. 188/2000 on bailiffs, republished in the Official Gazette of Romania, Part I, no. 738 of 20 October 2011, as amended, shall be amended and supplemented as follows: 1. Article 23 (1), letter e) shall be amended and shall read as follows: "e) when the final court decision ordered the conviction or postponement of the application of the sentence against the bailiff;" 2. In Article 23, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: " (1 ^ 1) The bailiff may be kept in activity if, for a crime committed at fault, it was ordered to postpone the application of the sentence, the suspension of the execution of the sentence, the penalty was imposed amnesty or pardon before the start of the execution of the sentence and it is assessed that the act committed did not prejudice the prestige of the profession. " 3. In Article 50, paragraph 1 shall be amended and shall read as follows: "" Art. 50. -(1) If against the bailiff was taken the measure of preventive arrest or arrest at home or if the conviction was ordered in the first instance or the postponement of the application of the sentence, the Minister of Justice, ex officio or at the proposal of the Council of the National Union of bailiffs, will take the measure of suspension from office until the criminal trial is resolved, according to the law. " + Article 45 Article 44 of Government Emergency Ordinance no. 59/2000 on the Status of Forest Staff, published in the Official Gazette of Romania, Part I, no. 238 238 of 30 May 2000, approved with amendments and additions by Law no. 427/2001 , as amended, shall be repealed. + Article 46 Article 26 of Government Emergency Ordinance no. 244/2000 on the safety of dams, republished in the Official Gazette of Romania, Part I, no. 96 of 4 February 2002, as amended, shall be amended and shall read as follows: "" Art. 26. -The offences provided for in this emergency ordinance are found by the prosecution bodies, as well as by the staff provided for in art. 15 -17, which proceed according to art. 61 61 of the Code of Criminal Procedure. " + Article 47 Government Ordinance no. 1/2000 on the organization of the activity and functioning of the legal institutions, republished in the Official Gazette of Romania, Part I, no. 996 of 10 November 2005, is amended as follows: 1. In Article 15, letter a) shall read as follows: "a) make, from the disposition of the prosecution bodies, the courts or at the request of interested persons, expertises, autopsies, forensic examinations, as well as other forensic works;" 2. In Article 17, letter a) shall read as follows: " a) carry out surveys, autopsies, forensic examinations available to the prosecution bodies or courts, as well as in cases of deficiencies in the provision of assistance or in cases where, according to the law, it is necessary psychiatric forensic expertise; " + Article 48 Law no. 678/2001 on the prevention and control of human trafficking, published in the Official Gazette of Romania, Part I, no. 783 of 11 December 2001, as amended and supplemented, shall be amended as follows: 1. Articles 21 to 23 shall be repealed. 2. Article 24 shall read as follows: "" Art. 24. -(1) The court sessions in cases concerning the crime of trafficking of minors, provided by art. 211 of the Criminal Code, and of child pornography, provided by art. 374 of the Criminal Code, are non-public. The meetings may assist the parties, their representatives, the lawyers, the representatives of the National Agency against Human Trafficking, as well as other persons whose presence is deemed necessary by the court. ((2) In cases concerning the offences set out in the head VII of Title I of the Special Part of the Criminal Code and in the cases concerning the offences of facilitating the illegal stay in Romania, provided by art. 264 of the Criminal Code, and of child pornography, provided by art. 374 of the Criminal Code, the hearing of the minor who has not reached the age of 14 is made in the presence of at least one of the parents or another legal representative, being also mandatory and the summoning of a psychologist, respectively of a representative of General Directorate of Social Assistance and Child Protection. " 3. Article 25 shall read as follows: "" Art. 25. -When judging the crimes of human trafficking, provided by art. 210 of the Criminal Code, and facilitation of illegal stay in Romania, provided by art. 264 of the Criminal Code, at the request of the injured person, the court may declare a non-public meeting 4. Article 26 shall read as follows: "" Art. 26. -(1) Victims of human trafficking offences are granted special protection and assistance, physical, legal and social. (2) Private life and the identity of victims of human trafficking offences are protected. (3) Victims of human trafficking offences are entitled to their physical, psychological and social recovery. (4) Minor victims of human trafficking offences shall be granted protection and special assistance in relation to their age. ((5) Women victims of the crime of trafficking in human beings, as well as those who are at high risk of becoming victims of these crimes, are given specific protection and social assistance. " 5. In Article 27, paragraph 1 shall read as follows: "" Art. 27. -(1) The Ministry of Internal Affairs shall ensure the physical protection of victims of human trafficking, under the conditions of 113 113 of the Code of Criminal Procedure. " 6. Article 38 (4) shall be repealed. 7. Article 43 shall read as follows: "" Art. 43. -The victims of human trafficking offences shall be entitled to receive, in the language they understand, information on the applicable judicial and administrative procedures. " + Article 49 Article 23 of Government Emergency Ordinance no. 104/2001 on the organization and functioning of the Romanian Border Police, published in the Official Gazette of Romania, Part I, no. 351 351 of 29 June 2001, approved with amendments by Law no. 81/2002 , with subsequent amendments and completions, shall be amended and shall read as follows: "" Art. 23. -(1) The Minister of Home Affairs, with the assent of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, designates border guards who have the status of criminal investigation bodies of the judicial police, in the law. (2) In carrying out the prosecution activities, the border guard shall have the territorial competence corresponding to the border police unit of which he is a member. " + Article 50 Article 23 of the Government Emergency Ordinance no. 105/2001 on the state border of Romania, published in the Official Gazette of Romania, Part I, no. 352 352 of 30 June 2001, approved with amendments by Law no. 243/2002 , as amended and supplemented, paragraph 2 shall be amended and shall read as follows: "" (2) The persons concerned shall be led before the competent authorities to clarify their situation. " + Article 51 Law no. 182/2002 on the protection of classified information, published in the Official Gazette of Romania, Part I, no. 248 of 12 April 2002, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 7, paragraph 4 shall be amended and shall read as follows: " (4) Access to classified information that constitutes state secret, namely secret service, according to art. 15 lit. d) and e), is guaranteed, subject to the validation of the election or appointment and the swearing-in, for the following categories of persons: a) President of Romania; b) Prime Minister; c) ministers; d) Members; e) senators; f) Judges; g) prosecutors; h) assistant magistrates of the High Court of Cassation and Justice, who, in accordance with specific duties, are entitled to have access to classified information without fulfilling the procedures provided in par. ((1)-(3), respectively in art. 28, based on internal procedures of the institutions from which they belong, endorsed by the Office of the National Registry of State Secret Information, after having become aware of their responsibilities regarding the protection of information classified and signed the written commitment to preserve the secrecy provided for in art. 36 36 para. ((3). ' 2. in Article 7, after paragraph 4, a new paragraph (5) is inserted, with the following contents: " (5) For judges, prosecutors and assistants-assistants of the High Court of Cassation and Justice, the internal procedure provided in par. (4) shall be established by regulation drawn up by the Superior Council of Magistracy and endorsed by the Office of the National Registry of State Secret Information. " + Article 52 Law no. 218/2002 on the organization and functioning of the Romanian Police, published in the Official Gazette of Romania, Part I, no 305 of 9 May 2002, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 26 (1), point 15 is amended and shall read as follows: " 15. uses technical-scientific methods and means in researching the scene and examining evidence and material means of evidence, carrying out forensic findings and surveys, through accredited own specialists and experts, as well as forensic reports of finding, reports of interpretation of traces or evaluation of criminal behaviour or criminal personality; " 2. In Article 26 (1), a new point shall be inserted after point 15, paragraph 15 ^ 1, with the following contents: "" 15 ^ 1. carry out scientific studies and research to improve forensic technical-scientific methods and means; " 3. Article 27 (3) shall be repealed. 4. Article 32 shall be repealed. 5. Article 33 (1) shall be amended and shall read as follows: "" Art. 33. -(1) In order to obtain data and information on the activity of persons or groups of persons suspected of preparing or committing serious crimes or with special operating modes, as well as for identifying, searching, locating and/or catching persons prosecuted according to the law, the Romanian Police can use informants. " + Article 53 Law no. 360/2002 on the Statute of the policeman, published in the Official Gazette of Romania, Part I, no. 440 of 24 June 2002, as amended and supplemented, shall be amended as follows: 1. Article 65 shall read as follows: "" Art. 65. -(1) If the criminal action was set in motion against the policeman or he was sent to trial, his maintenance shall be decided after the final settlement of the case, except for the situation in which he committed other deviations. disciplinary, in which case the usual disciplinary procedure operates. (2) The policeman against whom the criminal action has been set in motion is made available, except in cases where the criminal action has been set in motion for a culpable offence and it is assessed that it does not prejudice the prestige of the profession. (3) The policeman arrested in custody or under house arrest shall be suspended from office. (4) The policeman made available meets only those tasks and duties established in writing by the head of the police unit and benefits from the money rights corresponding to the professional degree he has, at the basic level, such as and the other rights provided for in this Law. (5) During the period of suspension the policeman does not benefit from any right of those provided in this law and is obliged to surrender the armaments, his badge and badge. (6) If the ranking was ordered, the waiver of the prosecution, the acquittal, the waiver of the application of the sentence, the postponement of the application of the sentence, as well as the termination of the criminal proceedings, the policeman will be reinstated in all previous rights, including the compensation of those it was deprived of during the making available, respectively of the suspension from office, according to the powers established by order of the Minister of Internal Affairs. " 2. In Article 69 (1), letter i) shall read as follows: " i) when he is convicted by final court decision, except in cases in which the suspension of the execution of the sentence under supervision or criminal fines for crimes committed at fault was ordered, based on the approval of persons who have awarded the professional degrees provided for in art. 15 15; ' + Article 54 Article 18 of the Law no. 546/2002 *) on the pardon and procedure of granting a pardon, published in the Official Gazette of Romania, Part I, no. 755 of 16 October 2002, as amended and supplemented, paragraph 1 shall be amended and shall read as follows: "" Art. 18. -(1) Bringing to the fulfilment of the legal provisions on pardon when intervening after the final stay of the decision is made in accordance with art. 596 596 of the Code of Criminal Procedure. " + Article 55 Law no. 656/2002 for the prevention and sanctioning of money laundering, as well as for the establishment of measures to prevent and combat the financing of terrorist acts, republished in the Official Gazette of Romania, Part I, no. 702 of 12 October 2012, is amended as follows: 1. In Article 8, paragraphs 5 to 7 shall read as follows: " (5) After receiving the complaint, the prosecutor who performs or supervises the prosecution and the Romanian Intelligence Service may request the Office to complete it. (6) The Office shall have the obligation to make available to the prosecutor who carries out or supervises the prosecution and the Romanian Intelligence Service, at their request, the data and information it has obtained according to the provisions of this laws. (7) The prosecution bodies will periodically communicate to the Office the status of resolution of the submitted referrals, as well as the amount of the amounts in the accounts of the natural or legal persons for whom the blocking was ordered, as a result of the suspensions performed or the precautionary measures ordered. " 2. In Article 26, paragraph 2 shall read as follows: " (2) The office has as its object of activity the prevention and combating of money laundering and terrorist financing, the purpose in which it receives, analyzes, processes information and notifies, under the conditions of art. 8 8 para. (1), the Prosecutor's Office of the High Court of Cassation and Justice and the Romanian Intelligence Service. " 3. Articles 34 to 36 shall be repealed. 4. Article 37 shall read as follows: "" Art. 37. -The final court decision on the offence provided in art. 29 29 the Office shall communicate. ' + Article 56 Law no. 682/2002 * *) on the protection of witnesses, published in the Official Gazette of Romania, Part I, no. 964 of 28 December 2002, as amended, shall be amended as follows: 1. In Article 4 (2), points a) and b) shall read as follows: " a) organizer or leader of organized criminal group or criminal organization; b) instigator or author of the crime of murder or qualified murder; " 2. Article 5 shall read as follows: "" Art. 5. -The criminal investigation body, in the prosecution phase, can request the prosecutor, and the prosecutor, in the preliminary chamber procedure or in the trial phase, may request the preliminary chamber judge, respectively the court, to include in the Program of a witness, of a family member of the latter or of a close person, as the case may be, by formulating reasoned proposals to that effect. ' 3. Article 7 shall read as follows: "" Art. 7. -The prosecutor, the preliminary chamber judge or the court, as the case may be, shall rule as soon as possible, but no later than 5 days after the receipt of the proposal, by order, respectively, on the proposal for inclusion in the Program. " 4. In Article 8, paragraph 1 shall read as follows: "" Art. 8. -(1) If it agrees with the proposal, the prosecutor, the preliminary chamber judge or the court will communicate to the O.N.P.M. the ordinance, namely the conclusion of inclusion of that person in the Program, and the O.N.P.M. will take all measures necessary to develop and implement the support scheme. " + Article 57 Article 7 of Government Emergency Ordinance no. 31/2002 on the prohibition of fascist, racist or xenophobic organizations and symbols and the promotion of the cult of persons guilty of crimes against peace and mankind, published in the Official Gazette of Romania, Part I, no. 214 of 28 March 2002, approved with amendments and additions by Law no. 107/2006 , as amended and supplemented, shall be repealed. + Article 58 Government Emergency Ordinance no. 43/2002 on the National Anti-Corruption Directorate, published in the Official Gazette of Romania, Part I, no. 244 of 11 April 2002, approved with amendments by Law no. 503/2002 , as amended and supplemented, shall be amended as follows: 1. Article 11 (3) and (4) shall be repealed. 2. Article 13 shall read as follows: "" Art. 13. -(1) I am within the competence of the National Anti-Corruption Directorate Law no. 78/2000 , with subsequent amendments and completions, committed in one of the following conditions: a) if, regardless of the quality of the persons who committed them, they caused a material damage greater than the equivalent in lei of 200,000 euros or if the value of the amount or good that forms the object of the crime of corruption is higher than the equivalent in lei of 10,000 euros; b) if, regardless of the value of the material damage or the value of the amount or of the good that forms the object of the crime of corruption, are committed by: deputies; senators; members of Romania of the European Parliament; the member designated by Romania in European Commission; members of the Government, secretaries of state or sub-secretaries of state and their assimilates; advisers of ministers; judges of the High Court of Cassation and Justice and of the Constitutional Court; other judges and prosecutors; members Superior Council of Magistracy; President of the Legislative Council and its deputy; the Ombudsman and his deputies; the presidential advisers and the state councilors of the Presidential Administration; the state councilors of the Prime Minister; the members and the external public auditors of the Court of Accounts of Romania and of the county chambers of accounts; Governor, First Deputy Governor and Deputy Governors of the National Bank of Romania; President and Vice President of the Competition Council; officers, admirals, generals and marshals; police; presidents and vice-presidents of county councils; the general mayor and Deputy mayors of the city of Bucharest; mayors and deputy mayors of the sectors of Bucharest; mayors and deputy mayors of municipalities; county councillors; prefects and sub-prefects; heads of central and local authorities and public institutions and persons with control functions within them, except for the heads of public authorities and institutions at the level of cities and communes and persons with control functions within them; lawyers; Financial staff; persons holding management positions, from director including, within autonomous regions of national interest, companies and national companies, banks and companies in which the state is a majority shareholder, of public institutions that have powers in the process of privatization and of central financial-banking units; persons referred to in art. 293 and 294 of the Criminal Code. ((2) Offences against the financial interests of the European Union are within the competence of the National Anticorruption Directorate (3) I am within the competence of the National Anti-Corruption Directorate provided for in 246, 297 and 300 of the Criminal Code, if a damage was caused higher than the equivalent in lei of 1,000,000 euros. (4) Prosecutors from the National Anti-Corruption Directorate shall compulsorily carry out the prosecution for the crimes provided in par. ((1)-(3). (5) If it has the discontinuation during the criminal investigation, the prosecutor of the National Anti-Corruption Directorate can continue to carry out the prosecution and in the case of disjunsa. (6) Criminal prosecution in the cases concerning the offences referred to in par. (1)-(3), committed by the military in activity, shall be carried out by military prosecutors from the National Anti-Corruption Directorate, regardless of the military degree that the persons investigated have. " 3 articles 16, 20 and 22 shall be repealed. 4. Article 22 ^ 3 shall read as follows: "" Art. 22 22 ^ 3. -Prosecutors from the central structure of the National Anti-Corruption Directorate can take over, in order to carry out criminal prosecution, cases of competence of territorial structures of the directorate, from the reasoned provision of the chief National Anti-Corruption. " + Article 59 Government Emergency Ordinance no. 195/2002 on traffic on public roads, republished in the Official Gazette of Romania, Part I, no. 670 of 3 August 2006, as amended and supplemented, shall be amended as follows: 1. In Article 24, paragraph 6 shall read as follows: " (6) He has no right to appear in the exam for obtaining the driving license the person who was convicted, by final court decision, for an offence to the traffic regime on public roads or for a offence that resulted in the killing or bodily injury of a person, committed as a result of non-compliance with traffic rules, except when one of the situations provided for in art. 116 116 para. ((1). ' 2. In Article 103 (1), letter c) shall read as follows: " c) for a period of 90 days when the act of the driver of motor vehicle or tram was pursued as a crime to the traffic regime on public roads, as well as in the case of the traffic accident resulting in death or injury body of a person and the court or the prosecutor ordered the ranking, the waiver of the prosecution, the waiver of the application of the sentence or the postponement of the application of the sentence, if for the traffic rule violated the present emergency ordinance provides for the suspension of the right to drive. " 3. In Article 106 (1), letter b) shall read as follows: "b) when the act was pursued as a crime provided by the present emergency ordinance, and the prosecutor ordered the ranking or waiver of the prosecution or the court ordered the waiver of the sentence or the postponement of the application of the sentence;" 4. Article 116 (1), (b) and (d) shall read as follows: " b) a year has passed since the date of pardon of the sentence or the final stay of the court decision ordering the suspension of the execution of the sentence under supervision; ...................................................................... d) prohibition of the right to exercise the profession or occupation of driver of motor vehicles, provided in art. 66 66 para. ((1) lit. i) of the Criminal Code, has expired or has been revoked. " + Article 60 Articles 11, 14 to 19 and 23 of Law no. 39/2003 on the prevention and combating of organized crime, published in the Official Gazette of Romania, Part I, no. 50 of 29 January 2003, as amended, shall be repealed. + Article 61 Law no. 53/2003 -Labor Code, republished in the Official Gazette of Romania, Part I, no. 345 of 18 May 2011, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 52 (1), after letter c), a new letter, letter c ^ 1) is inserted, with the following contents: " c ^ 1) if the employee was taken, under the terms of the Code of Criminal Procedure, the measure of judicial review or judicial review on bail, if obligations were established under him that prevent the execution the employment contract, as well as if the employee is arrested at home, and the content of the measure prevents the execution of the employment contract; " 2. In Article 61, letter b) is amended and shall read as follows: "b) if the employee is remanded in custody or arrested at home for a period of more than 30 days, under the terms of the Code of Criminal Procedure;" + Article 62 Articles 54 to 58 of Law no. 161/2003 on certain measures to ensure transparency in the exercise of public dignities, public functions and in the business environment, prevention and sanctioning of corruption, published in the Official Gazette of Romania, Part I, no. 279 of 21 April 2003, as amended and supplemented, shall be repealed. + Article 63 Law no. 191/2003 on the offences of the shipping regime, published in the Official Gazette of Romania, Part I, no. 332 of 16 May 2003, as amended and supplemented, shall be amended as follows: 1. In Article 33, paragraph 1 shall read as follows: "" Art. 33. -(1) In the case of crimes provided in art. 27-30, criminal investigation is carried out by persons designated under the conditions of art. 55 55 para. ((5) and (6) of the Code of Criminal Procedure. " 2. Article 36 shall read as follows: "" Art. 36. -The offences provided for by this law shall be judged in the first instance by the court. 3. Article 37 shall read as follows: "" Art. 37. -(1) The territorial area of the courts and the prosecutor's offices in addition to these is the following: a) Constanta Court and the Prosecutor's Office of the Constanța Court: Constanta and Tulcea counties, territorial sea, Danube up to marina 64 inclusive; b) The Galati Court and the Prosecutor's Office of the Galati Court: the other counties, the Danube at mile marina 64, upstream up to km 1.075. (2) When the offences provided for by this law are committed on a ship outside the Romanian waters, the competence lies with the Constanța Tribunal and the Prosecutor's Office of the Constanța Court, if the ship is maritime, and the Tribunal Galati and the Prosecutor's Office of the Galati Court, if the ship is fluvial. " + Article 64 Law no. 269/2003 on the Statute of the diplomatic and consular corps of Romania, published in the Official Gazette of Romania, Part I, no. 441 of 23 June 2003, as amended, shall be amended as follows: 1. In Article 51 (1), letter h) shall read as follows: "h) in the case of preventive arrest or house arrest for a period of more than 60 days or of final conviction for a crime likely to render him incompatible with his or her quality." 2. Article 60 shall read as follows: "" Art. 60. -If the criminal action was ordered against a member of Romania's diplomatic and consular corps for an offence likely to make him incompatible with his status, the Minister of Foreign Affairs will take the measure of suspension employment relationships. " + Article 65 Law no. 333/2003 * *) on the protection of objectives, goods, values and protection of persons, published in the Official Gazette of Romania, Part I, no. 525 of 22 July 2003, as amended and supplemented, shall be amended as follows: 1. In Article 48, letters d) and i) shall read as follows: " d) stop and legitimize persons about whom there are data or indications that they have committed crimes or other wrongdoing in the guarded objective, those that violate the internal rules established by their own regulations, and in the case of crimes blatant, to catch and present to the police the perpetrator, to stop and hand over to the police the goods or the values that are the subject of the crime or other illicit acts, taking measures for the preservation or security of them, for taking these measures. The minutes thus drawn up constitute an act of referral to the prosecution bodies; ....................................................................... i) to notify the police about any act of nature to damage the patrimony of the unit and to give its contest whenever it is requested by the prosecution bodies or the police bodies. " 2. In Article 50 (1), the letter e) shall read as follows: " e) to stop and immobilize, according to the possibilities, persons who have committed acts of a nature to endanger the life, bodily integrity, health or property of the person to whom the protection ensures and to immediately notify the most Close police unit. " + Article 66 Government Emergency Ordinance no. 91/2003 *) on the organization of the Financial Guard, published in the Official Gazette of Romania, Part I, no. 712 of 13 October 2003, approved with amendments by Law no. 132/2004 , as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 4, paragraph (1 ^ 1) is amended and shall read as follows: " (1 ^ 1) The Financial Guard may, at the request of the prosecutor, carry out checks on the facts that constitute violations of the provisions and obligations whose compliance controls it, drawing up minutes, through which it may assess the damage caused by verified operations, procedural acts that may constitute means of proof, according to the law. " 2. In Article 4, after paragraph (1 ^ 1), a new paragraph (1 ^ 2) is inserted, with the following contents: " (1 ^ 2) The infirmation of the damage cannot be proved only by the assessment provided in par. ((1 ^ 1). ' + Article 67 Article 233 of Government Ordinance no. 92/2003 on the Fiscal Procedure Code, republished in the Official Gazette of Romania, Part I, no. 513 of July 31, 2007, with subsequent amendments and completions, shall be amended and shall read as follows: "" ARTICLE 233 Finding of facts that may constitute crimes Finding of facts that may constitute crimes under the conditions art. 296 ^ 1 of Law no. 571/2003 , with subsequent amendments and completions, is the competence of the criminal prosecution body. With regard to these crimes, the tax authorities of the National Agency for Fiscal Administration are finding bodies, under the conditions of art. 61 61 of the Code of Criminal Procedure. " + Article 68 Law no. 211/2004 on certain measures to ensure the protection of victims of crime, published in the Official Gazette of Romania, Part I, no. 505 of 4 June 2004, as amended and supplemented, shall be amended as follows: 1. Article 4 shall read as follows: "" Art. 4. -(1) The judicial bodies have the obligation to incuse the victims of crime regarding: a) services and organizations providing psychological counseling or any other forms of assistance of the victim, depending on its needs; b) the criminal prosecution body to which they can complain; c) the right to legal assistance and the institution where they can address for the exercise of this right d) conditions and procedure for granting free legal assistance; e) the procedural rights of the injured person and of the civil party; f) conditions and procedure to benefit from the provisions of art. 113 of the Code of Criminal Procedure, as well as the provisions Law no. 682/2002 on the protection of witnesses, as amended; g) conditions and procedure for granting financial compensation by the State; h) the right to be informed, if the defendant will be deprived of liberty, respectively sentenced to a custodial sentence, with regard to putting him at large in any way, according to the Code of Criminal Procedure. (2) The information provided in par. ((1) are brought to the attention of the victim by the first judicial body to which he presents himself. ((3) The victims shall be informed of the information provided in par. ((1) in a language he understands. The victim shall be handed a form containing the information provided in par. ((1). If they cannot or refuse to sign, a report will be concluded on it. (4) If the victim is a Romanian citizen belonging to a national minority, the information provided in par. ((1) in his native language. (5) The fulfillment of the obligations provided in par. ((1)-(3) shall be recorded in a minutes, which shall be registered with the institution to which the judicial body belongs. " 2. In Article 8, paragraph 1 shall read as follows: "" Art. 8. -(1) Psychological counseling is granted free of charge, on request, for victims of attempted murder and qualified murder, provided in art. 188 and 189 of the Criminal Code, for victims of the crime of domestic violence, provided in art. 199 of the Criminal Code, of intentional crimes that resulted in bodily injury to the victim, of crimes of rape, sexual assault, sexual intercourse with a minor and sexual corruption of minors, provided in art. 218-221 of the Criminal Code, of the crime of ill-treatment applied to the minor, provided in art. 197 of the Criminal Code, as well as for victims of crimes of trafficking and exploitation of vulnerable persons and their attempt. " 3. Article 9 shall read as follows: "" Art. 9. -Free psychological counseling is granted for a period of no more than 3 months, and in the case of victims who have not reached the age of 18, for a period of no more than 6 months. " 4. In Article 21 (1), the letter a) shall read as follows: " a) the persons on whom an attempt was committed to the crimes of murder and qualified murder, provided in art. 188 and 189 of the Criminal Code, a criminal offence, provided for in art. 194 of the Criminal Code, an intentional offense that resulted in bodily injury to the victim, a crime of rape, sexual intercourse with a minor and sexual assault, provided in art. 218-220 of the Criminal Code, a crime of human trafficking and trafficking of minors, provided in art. 210 and 211 of the Criminal Code, a terrorist offence, as well as any other intentional offence committed with violence; " 5. Article 23 shall read as follows: "" Art. 23. -(1) The financial compensation shall be granted to the victim only if he has notified the prosecution bodies within 60 days of the date of the offence. (2) In the case of victims provided in art. 21 21 para. ((1) lit. b), the 60-day period is calculated from the date on which the victim became aware of the commission of the crime. (3) If the victim was unable, physically or mentally, to refer the matter to the prosecution bodies, the 60-day period is calculated from the date on which the state of impossibility ceased. (4) Victims who have not reached the age of 18 and those put under prohibition do not have the obligation to refer to the criminal prosecution bodies regarding the commission of the crime. The legal representative of the minor or the person placed under the ban may refer the matter to the criminal prosecution bodies. " 6. In Article 24, paragraphs 1 and 3 shall read as follows: "" Art. 24. -(1) If the perpetrator is known, the financial compensation may be granted to the victim if the following conditions are met: a) the victim made the application for financial compensation within one year, as the case may be: 1. from the date of final stay of the decision by which the criminal court handed down the conviction or acquittal in the cases provided for in 16 16 para. ((1) lit. b)-d) of the Code of Criminal Procedure and awarded civil compensation or termination of the criminal proceedings in the cases provided in art. 16 16 para. ((1) lit. f) and h) of the Code of Criminal Procedure; 2. from the date on which the prosecutor ordered the ranking, in the cases provided in art. 16 16 para. ((1) lit. b), c), d), f) and h) of the Code of Criminal Procedure; b) the victim was a civil party in the criminal proceedings, unless the ranking was ordered according to the provisions of art. 315 315 para. ((1) lit. a) of the Code of Criminal Procedure; c) the perpetrator is insolvent or missing; d) the victim did not obtain the full repair of the damage suffered from an insurance company. ................................................................ (3) If the court ordered the dislocation of civil action from the criminal action, the one-year period provided for in par. ((1) lit. a) flows from the date of final stay of the decision by which the civil action was admitted. " + Article 69 Law no. 290/2004 on the criminal record, republished in the Official Gazette of Romania, Part I, no. 777 of 13 November 2009, with subsequent additions, shall be amended and supplemented as follows: 1. In Article 6, paragraph 1 shall be amended and shall read as follows: "" Art. 6. -(1) The General Inspectorate of the Romanian Police organizes and operates the central criminal record in which the records of natural persons born outside Romania and of the foreign legal persons who are the subject of the criminal record, the the operative record and the special records of the police, who committed crimes on the territory of Romania and were convicted or against which the waiver or postponement of the application of the sentence or to which measures were ordered preventive, as well as those in one of the situations provided in art. 14 14 para. ((2). ' 2. In Article 9, letter b) is amended and shall read as follows: " b) the waiver or postponement of the application of the sentence, the commencement, interruption and termination of the execution of penalties and educational measures, the suspension under supervision of the execution of the sentence, the replacement, staggering and the 3. In Article 10, letter b) is amended and shall read as follows: " b) the commencement, interruption and termination of the execution of penalties, instalment and payment of criminal fines; 4. in Article 12, letters b) and e) shall be amended and shall read as follows: " b) communications to waive or postpone the application of the sentence, commencement, interruption or termination of the execution of the prison sentence, communications regarding the taking of preventive measures, execution of safety measures and educational measures, sent the unit where they are executed or the local police unit, in the cases provided for in art. 14 14 para. ((3); ...................................................................... e) communication on the replacement, staggering or payment of criminal fines. " 5. in Article 13, letters b) and c) shall be amended and shall read as follows: " b) communications to waive or postpone the application, commencement, interruption or termination of the execution of the main and complementary penalties or execution of complementary penalties, sent by the court; c) communications on staggered and payment of criminal fines. " 6. In Article 14, paragraphs 2 and 3 shall be amended and shall read as follows: " (2) In cases of commencement of the execution of the sentence in a place of detention or in the case of detention, house arrest, preventive arrest or medical admission, as well as at the beginning of the execution of educational measures regarding freedom, the communications will be accompanied by the decadactylar dactyloscopic sheet. The communications shall be sent to the criminal record from the place of birth of the person concerned or, as the case may be, to the criminal record of the General Inspectorate of the Romanian Police, and the dactyloscopic sheet is sent to the specialized service on problems of dactyloscopy from the General Inspectorate of the Romanian Police or, as the case may be, to the compartments at the level of the county services and the General Police Department of Bucharest. (3) For persons in the execution of educational measures regarding freedom, the typist sheet shall be drawn up by the local police unit, which also sends the communication. " 7. Article 15 (1), points f)-h) shall be amended and shall read as follows: " f) the prosecution was ordered to be dropped or the ranking against them or a final decision was made to acquit or terminate the criminal proceedings; g) one year has passed since the execution of the educational measure; h) 2 years have passed since the date when a final decision was issued to postpone the application of the sentence and it was not ordered to revoke or cancel the postponement of the application of the sentence according to art. 88 or 89 of the Criminal Code; " 8. In Article 15 (1), after letter h) a new letter, letter i) is inserted, with the following contents: "" i) 5 years have passed since the date of application of one of the administrative penalties provided for by art. 91 91 of Law no. 15/1968 on the Criminal Code, republished, with subsequent amendments and completions. " 9. In Article 18, letter b) is amended and shall read as follows: "b) safety measures taken without the application of a sentence, except for medical admission and the prohibition of the occupation of a profession or the exercise of a profession;" 10. In Article 21, paragraph 2 shall be amended and shall read as follows: " (2) The copy of the criminal record sent to the judicial bodies shall be attached to the information on administrative sanctions applied according to art. 91 91 of Law no. 15/1968 on the Criminal Code, republished, with subsequent amendments and completions, as well as those on preventive measures or penalties ordered by judicial bodies, registered according to art. 6 6 para. ((2). ' + Article 70 Law no. 293/2004 on the status of civil servants with special status in the National Administration of Prisons, republished *) in the Official Gazette of Romania, Part I, no. 628 of 22 September 2009, as amended, shall be amended as follows: 1. Article 58 shall read as follows: "" Art. 58. --(1) If against the civil servant with special status in the prison administration system was ordered to set in motion the criminal action, his maintenance shall be decided after the final settlement of the case, except the situation in which he has committed other disciplinary violations, when he operates the usual disciplinary procedure. (2) After the setting in motion of the criminal action or after its arraignment, the civil servant with special status in the prison administration system shall be made available. The civil servant with special status in the prison administration system provided shall perform only those tasks and duties established, in writing, by the head of the establishment and shall benefit from the corresponding money rights the professional degree that it has, at the basic level, and the other rights provided by this law. (3) During the period of preventive arrest and house arrest, the civil servant with special status in the prison administration system is suspended from office. (4) During the suspension, the civil servant with special status in the prison administration system does not benefit from any right of those provided by this law. (5) If the ranking was ordered, the waiver of the prosecution, the payment, the waiver of the sentence, the postponement of the application of the sentence, as well as in the case of termination of the criminal proceedings, the civil servant with special status in the system the prison administration will be reinstated in all previous rights, including the compensation of those it was deprived of during the making available, respectively of the suspension from office, according to the powers established by order of the Minister justice. " 2. In Article 64 (1), letter c) shall read as follows: "c) have been convicted by final court decision for the commission of a crime or have been ordered to postpone the application of the sentence on them;" 3. In Article 64, paragraph 2 shall read as follows: " (2) Public servants with special status may be kept in business as civil servants with special status in the public offices they hold in the case when, for a crime committed at fault, it was ordered to postpone the application of the sentence, the suspension of the execution of the sentence, the punishment of the fine was imposed or benefited from amnesty or pardon before the start of the execution of the sentence and it is assessed that the act committed did not prejudice the prestige of the profession. The maintenance in the activity is available on the basis of the approval of the persons granting the professional degrees provided 26, on the proposal of the Director of 4. Article 68 (3) and (4) shall be repealed. + Article 71 Law no. 303/2004 on the status of judges and prosecutors, republished in the Official Gazette of Romania, Part I, no. 826 of 13 September 2005, as amended and supplemented, shall be amended and supplemented as follows: 1. Article 23 (1), point g) shall be amended and shall read as follows: " g) the offences provided by the Criminal Code for which the criminal action is set in motion on the prior complaint of the injured person, except those of art. 218 218 para. ((1) and (2), art. 219 219 para. ((1), art. 223, 226, 227, as well as art. 239-241 239-241. " 2. In Article 23, paragraph 2 shall be amended and shall read as follows: "(2) Trainee prosecutors have the right to carry out and sign procedural acts, under the coordination of a prosecutor who enjoys stability, and to put conclusions in court." 3. Article 32 is amended and shall read as follows: "" Art. 32. -(1) The person who fulfils the conditions provided by law for entry into the magistracy may be appointed as judge or military prosecutor, with the assent of the Ministry of National Defence regarding the fulfilment of legal conditions the quality of officer active in this ministry. (2) The appointment as a judge or military prosecutor, the transfer from the courts or civil prosecutor's offices to the courts or military prosecutor's offices, as well as the granting of military degrees and the advance in the rank of military judges and prosecutors a joint regulation of the Superior Council of Magistracy and the Ministry of National Defence. " 4. Article 62 (1), point a) shall be amended and shall read as follows: "" a) when he was sent to trial for the commission of a crime; " 5. In Article 62 (1), after letter a) a new letter, letter a ^ 1) is inserted, with the following contents: "a ^ 1) when the pre-trial detention or house arrest was ordered against him;" 6. In Article 62, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: " (1 ^ 1) By exception to the provisions of par. ((1) lit. a), if the prosecution has intervened for a culpable offence and it is assessed that it does not prejudice the prestige of the profession, the judge or the prosecutor may provisionally prohibit the exercise of certain duties until final settlement of the case. ' 7. In Article 62, paragraph 2 shall be amended and shall read as follows: "(2) The suspension from office of judges and prosecutors and the provisional prohibition of the exercise of certain powers by them shall be ordered by the Superior Council of Magistracy." 8. After Article 62, a new article is inserted, Article 62 ^ 1, with the following contents: "" Art. 62 62 ^ 1. -(1) The final conclusion by which the pre-trial detention or house arrest was ordered, the indictment ordering the prosecution or the order ordering the prosecution of a judge or the court to be dismissed. The prosecutor shall communicate within 24 hours to the Superior Council of Magistracy. (2) Within 3 days from the final stay of the judgment rendered in a criminal case against a magistrate, the court of execution shall communicate to the Superior Council of Magistracy a copy of the device of the judgment. " 9. Article 63 is amended and shall read as follows: "" Art. 63. -(1) The Superior Council of Magistracy shall immediately communicate to the judge or prosecutor and to the management of the court or to the prosecutor's office where it operates the decision ordering the suspension from office. (2) If the ranking, payment or termination of the criminal proceedings to the judge or prosecutor is ordered, the suspension from office ceases, and it is reinstated in the previous situation, the money rights it was deprived of during the period suspension from office and is recognized seniority in the magistracy for this period. (3) Judges and prosecutors may be kept in business if the prosecution was ordered to be dropped or if, by a final decision, the application of the sentence was ordered to be waived. The maintenance in the activity is ordered by the Superior Council of Magistracy, if it is assessed that the crime committed does not prejudice the prestige of the profession. " 10. Article 65 (1), letter f) shall be amended and shall read as follows: " f) the conviction and postponement of the application of the sentence ordered by a final decision; 11. In Article 65 (1), after letter f) a new letter, letter f ^ 1) is inserted, with the following contents: "f ^ 1) waiving the prosecution and waiving the application of the sentence ordered by a final judgment, if it was assessed that it is not necessary to maintain in office;" 12. In Article 65, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: " (1 ^ 1) By exception to the provisions of par. ((1) lit. f), judges and prosecutors can be held in activity if the conviction or postponement of the application of the sentence was handed down for the crime provided by art. 196 196 para. (2)-(4) of the Criminal Code. The maintenance in the activity is ordered by the Superior Council of Magistracy, if it is assessed that the crime committed does not prejudice the prestige of the profession. " 13. In Article 95, paragraph 1 shall be amended and shall read as follows: "" Art. 95. -(1) Judges, prosecutors and assistant magistrates may be searched, detained, arrested at home or remanded in custody only with the consent of the sections of the Superior Council of Magistracy. " 14. In Article 105, paragraph 2 shall be amended and shall read as follows: " (2) The transfer of military judges and prosecutors, upon request or as a result of the reduction of posts, is made, depending on the option expressed, to the courts or civil prosecutors to which the judge or the prosecutor has the right to operate, according to degree or professional. " + Article 72 Law no. 304/2004 on judicial organization, republished in the Official Gazette of Romania, Part I, no. 827 of 13 September 2005, as amended and supplemented, shall be amended and supplemented as follows: 1. Article 13 shall be amended and shall read as follows: "" Art. 13. -(1) The court sessions shall be recorded by technical means of video or audio. (2) During the hearing, the Registrar shall take note of the conduct of the trial. Parties may request the reading of the notes and their targeting by the President. (3) After the end of the hearing, the participants in the trial shall receive, upon request, a copy of the notes of the Registrar. " 2. Article 16 is amended and shall read as follows: "" Art. 16. -(1) The judgments must be respected and carried out under the law. (2) The judicial decisions may be abolished or modified only in the remedies provided by law and exercised according to the legal provisions. " 3. Article 17 is amended and shall read as follows: "" Art. 17. -(1) In the case of the panel of 2 judges, if they do not reach an agreement on the decision to be pronounced, the trial shall be tried again in full of divergence, under the law. (2) The complete divergence shall be constituted by the inclusion in the court panel of the president or the vice president of the court, of the section president or of the judge in the planning of permanence. " 4. Article 22 is amended and shall read as follows: "" Art. 22. -The Criminal Section of the High Court of Cassation and Justice judges: a) in the first instance, the processes and applications given by law in the jurisdiction of the first instance of the High Court of Cassation and Justice; b) appeals against the criminal decisions rendered in the first instance by the courts of appeal and by the Military Court of Appeal; c) appeals against the criminal decisions handed down in the first instance by the courts of appeal, by the Military Court of Appeal and by the Criminal Section of the High Court of Cassation and Justice; d) appeals declared against non-final judgments or court documents, of any nature, which cannot be appealed on any other way, and the course of judgment has been interrupted before the courts of appeal; e) appeals in cassation against final decisions, under the conditions provided by law; f) referrals for the delivery of a prior decision for the unbundling of a law issue. " 5. Article 23 (2) shall be repealed. 6. Article 24 is amended and shall read as follows: "" Art. 24. -The 5-judge panels settle cases in disciplinary matters according to the law and other causes given in their jurisdiction by law. " 7. Article 24 ^ 1 shall be repealed. 8. Article 31 is amended and shall read as follows: "" Art. 31. -(1) In criminal matters, the court panels shall be composed as follows: a) in the given cases, according to the law, in the jurisdiction of the first instance of the High Court of Cassation and Justice, the court panel consists of 3 judges; b) for appeals against decisions rendered by the judges of rights and freedoms and the preliminary chamber judges of the courts of appeal and the Military Court of Appeal, the court panel consists of a judge; c) for appeals against decisions rendered in the first instance by the courts of appeal and by the Military Court of Appeal, the court panel consists of 3 judges; d) for appeals against decisions rendered by the judges of rights and freedoms and the preliminary chamber judges of the High Court of Cassation and Justice, the court panel consists of 2 judges. (2) In the other subjects, the court panels consist of 3 judges of the same section. (3) If the number of judges necessary for the formation of the panel cannot be ensured, it shall be constituted with judges from the other departments, appointed by the President or Vice-President of the High Court of Cassation and Justice, by drawing for lots. " 9. In Article 32, paragraphs 1, 4 and 5 shall be amended and shall read as follows: "" Art. 32. -(1) At the beginning of each year, in criminal matters shall be established a complete of 5 judges consisting only of judges of the Criminal Section of the High Court of Cassation and Justice. ............................................................. (4) The Governing College of the High Court of Cassation and Justice approves the number and composition of the 5-judge panels, at the proposal of the President of the Criminal Section. The judges who are part of these complete are appointed, by lot, in public session, by the president or, in his absence, by the vice-president of the High Court of Cassation and Justice. The change of the members of the panels is exceptionally, based on the objective criteria laid down by the Regulation on the organisation and administrative functioning of the High Court of Cassation and Justice. (5) The 5-judge panel is chaired by the President or Vice President of the High Court of Cassation and Justice, when it is part of the complete, according to para. ((4), the President of the Criminal Section or the Dean of Age, as the case may be. " 10. In Article 54, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: "" (1 ^ 1) Appeals against decisions rendered in criminal matters by judges of rights and freedoms and preliminary chamber judges from judges and tribunals shall be settled in a panel of a judge. " 11. Article 54 (3) and (4) shall be repealed. 12. Article 56 (1) shall be amended and shall read as follows: "" Art. 56. -(1) Military courts are: a) military tribunals; b) Bucharest Military Court of Appeal. " 13. In Article 58, paragraph 3 shall be amended and shall read as follows: " (3) When the prosecutor's degree is not part of the same category as the defendant's degree, he will be assisted by another prosecutor with a degree in the appropriate category, appointed by the head of the prosecutor's office to which the case is registered. 14. Article 60 shall be repealed. 15. In Article 67, paragraph 3 shall be amended and shall read as follows: "(3) In criminal trials, the prosecutor who carried out or supervised the prosecution or other prosecutor appointed by the head of the prosecutor's office shall participate in the court hearing." 16. Article 90 (2) shall be repealed. 17. In Article 98, paragraph 1 shall be amended and shall read as follows: "" Art. 98. -(1) In addition to each military court operates a military parquet. In addition to the Military Court of Appeal Bucharest operates the Military Prosecutor's Office of the Bucharest Military Court of Appeal, and in addition to the military courts the military prosecutor's offices of the military courts operate. " 18. In Article 101, paragraph 2 shall be amended and shall read as follows: " (2) When the prosecutor's degree is not part of the same category as the defendant's degree, he will be assisted by another prosecutor with a degree in the appropriate category, appointed by the head of the prosecutor's office to which the case is registered. 19. In Article 102, paragraph 2 shall be amended and shall read as follows: " (2) To prevent and combat crime, as well as to establish the causes that generate or favor crime among military and civilian employees of militarized structures, military prosecutor's offices and sections provided in para. (1) organizes and carries out, according to the competence, joint activities of military prosecutors with organs of the Ministry of National Defence, the Ministry of Internal Affairs, as well as from other military structures, based on protocols. " 20. In Article 116, after paragraph 4, three new paragraphs shall be inserted, paragraphs 5 to 7, with the following contents: " (5) Within the prosecutor's offices can be appointed, by order of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, specialists in the economic, financial, banking, customs, computer, as well as in other fields, for clarifying some technical aspects in the activity of criminal prosecution. (6) Specialists referred to in par. (5) have the status of civil servant. (7) The position of specialist in the prosecutor's offices is incompatible with any other public or private function, except for teaching positions in higher education. " 21. Article 118 (5) shall be amended and shall read as follows: "(5) The auxiliary staff from the military courts and prosecutors ' offices, from the sections of the Prosecutor's Office of the High Court of Cassation and Justice and the National Anti-Corruption Directorate may also come from among the active military." + Article 73 Law no. 317/2004 on the Superior Council of Magistracy, republished in the Official Gazette of Romania, Part I, no. 628 of 1 September 2012, as amended, shall be amended as follows: 1. In Article 28, paragraph 2 shall read as follows: " (2) The President of the High Court of Cassation and Justice, the Minister of Justice and the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice do not have the right to vote in situations where the wards perform the role of the court in the field of disciplinary liability, to the settlement of complaints regarding the good reputation of judges and prosecutors and requests regarding the consent of the search, detention, preventive arrest or house arrest regarding judges, prosecutors or assistant magistrates. " 2. In Article 29, paragraphs 1 and 10 shall read as follows: "" Art. 29. -(1) The works of the plenum and the sections of the Superior Council of Magistracy are, as a rule, public. The members of the plenary or of the sections decide, by a majority of votes, the situations in which the meetings are not public. The meetings of the sections in which the applications for the consent of the search, detention, preventive arrest or house arrest regarding judges, prosecutors or assistant magistrates, as well as those in which they are settled, are resolved. the complaints about the good reputation of judges and prosecutors are not public. ................................................................... (10) The agenda is published 3 days before on the website of the Superior Council of Magistracy. The published agenda does not include requests for the consent of the search, detention, preventive arrest or house arrest with regard to judges, prosecutors or assistant magistrates. The decisions of the Superior Council of Magistracy shall be published in the Official Bulletin of the Superior Council of Magistracy and on the website of the Superior Council of Magistracy. " 3. Article 42 shall read as follows: "" Art. 42. -(1) The section for judges of the Superior Council of Magistracy approves the search, detention, pre-trial detention or house arrest with regard to judges and assistant magistrates. (2) The section for prosecutors of the Superior Council of Magistracy approves the search, detention, pre-trial detention or house arrest with regard to prosecutors. (3) The provisions provided in par. ((1) and (2) on the search and detention shall not apply in the case of a flagrant offence. (4) The sections of the Superior Council of Magistracy shall be pronounced immediately upon receipt of the complaint. " + Article 74 Law no. 364/2004 *) on the organization and functioning of the judicial police, published in the Official Gazette of Romania, Part I, no. 869 of 23 September 2004, as amended, shall be amended and supplemented as follows: 1. In Article 6, paragraph 2 shall be amended and shall read as follows: " (2) For the failure or improper performance by the workers of the judicial police of their obligations in the activity carried out in the capacity of criminal investigation body of the judicial police, the Prosecutor General of the Prosecutor's Office from the High Court of Cassation and Justice may withdraw the opinion provided for in art. 2 2 para. ((3). The withdrawal of the opinion leads to the termination of the quality of the worker in the 2. In Article 6, after paragraph 2, two new paragraphs are inserted, paragraphs 3 and 4, with the following contents: " (3) At the professional evaluation of the police officers of the judicial police who are carried out by the direct chief will also take into account the reference of the prosecutor of the prosecutor's office under the coordination, control and management of which These. (4) The Regulation on the preparation and communication of the reference provided in par. (3) is approved by joint order of the Minister of Internal Affairs and the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice. " + Article 75 Law no. 508/2004 on the establishment, organization and functioning within the Public Ministry of the Directorate for Investigation of Organized Crime and Terrorism, published in the Official Gazette of Romania, Part I, no. 1.089 of 23 November 2004, as amended and supplemented, shall be amended as follows: 1. Article 10 shall read as follows: "" Art. 10. -(1) Within the Directorate for the Investigation of Organized Crime and Terrorism are appointed, by order of the chief prosecutor of the Directorate for Investigation of Organized Crime and Terrorism, with the opinion of the Ministers of Crime. resort, highly qualified specialists in the field of processing and valorization of information, economic, financial, banking, customs, computer, as well as in other fields, for clarifying some technical or specialized aspects in the activity of Prosecution. (2) Specialists referred to in par. (1) have the status of civil servant and carry out their activity under the direct management, supervision and direct control of prosecutors from the Directorate for Investigation of Organized Crime and Terrorism. Specialists have the rights and obligations provided by law for civil servants, with the exceptions provided in this law. The specialists also benefit, appropriately, from the rights provided for in art. 11 and 23 of Government Emergency Ordinance no. 27/2006 on the payroll and other rights of judges, prosecutors and other personnel in the justice system, approved with amendments and additions by Law no. 45/2007 , with subsequent amendments and completions. (3) The technical-scientific finding made from the written provision of the prosecutor by the specialists referred to in par. (1) constitute means of proof, under the conditions of art. 172 172 of the Code of Criminal Procedure. " 2 articles 16, 17 and 19 shall be repealed. 3. Article 20 ^ 1 shall read as follows: "" Art. 20 20 ^ 1. -Prosecutors from the central structure of the Directorate for Investigation of Organized Crime and Terrorism can take over, in order to carry out criminal prosecution, cases of competence of territorial structures of the directorate, from the provision motivated by the chief prosecutor of the Directorate for Investigating Organized Crime and Terrorism. " 4. Article 21 shall be repealed. + Article 76 Law no. 535/2004 on the prevention and combating of terrorism, published in the Official Gazette of Romania, Part I, no. 1.161 of 8 December 2004, as amended and supplemented, shall be amended as follows: 1. Article 20 shall read as follows: "" Art. 20. -The threats to the national security of Romania regarding the crimes provided for in this law are the legal basis for state bodies with attributions in the field of national security to request the authorization of information-gathering activities, in accordance with the procedure laid down in Law no. 51/1991 on the national security of Romania, which shall apply accordingly. " 2 articles 21 and 22 shall be repealed. 3. Paragraph 2 of Article 40 and Article 41 shall be repealed. + Article 77 Article 19 (1) of the Law no. 550/2004 on the organization and functioning of the Romanian Gendarmerie, published in the Official Gazette of Romania, Part I, no. 1.175 of 13 December 2004, letter r) is amended and shall read as follows: " r) carries out, under the law, acts necessary to start the prosecution for the crimes found during the execution of specific missions, according to the provisions of 61 of the Code of Criminal Procedure; " + Article 78 Article 52 of the Law no. 567/2004 on the status of the specialized auxiliary staff of the courts and the prosecutor's offices of these and of the personnel operating within the National Institute of Forensic Expertise, published in the Official Gazette of the Romania, Part I, no. 1.197 of 14 December 2004, with subsequent amendments and completions, letter f) is amended and shall read as follows: "f) final conviction for the commission of a crime of a nature to prejudice the profession." + Article 79 Law no. 241/2005 to prevent and combat tax evasion, published in the Official Gazette of Romania, Part I, no. 672 of 27 July 2005, as amended, shall be amended as follows: 1. The title of Chapter III shall read as follows: "" CHAPTER III Causes of reduction of penalties, prohibitions and downfall " 2. In Article 10, paragraph 1 shall read as follows: "" Art. 10. -(1) In case of committing a crime of tax evasion provided for in art. 8 and 9, if in the course of prosecution or trial, until the first term of trial, the defendant fully covers the claims of the civil party, the limits provided by law for the act committed shall be reduced by half. " + Article 80 Article 20 of Government Emergency Ordinance no. 100/2005 on the enforcement of industrial property rights, published in the Official Gazette of Romania, Part I, no. 643 of 20 July 2005, approved with amendments by Law no. 280/2005 , with subsequent amendments and completions, shall be amended and shall read as follows: "" Art. 20. -In order to fulfill the obligations arising from art. 19, and for the purpose of cooperation, in particular, for the exchange of information between Romania and the European Commission, shall be designated as national correspondent for all matters relating to the implementation of the Directive, The Prosecutor's Office of the High Court of Cassation and Justice. " + Article 81 Law no. 85/2006 on insolvency proceedings *), published in the Official Gazette of Romania, Part I, no. 359 of 21 April 2006, as amended and supplemented, shall be amended as follows: 1. Article 36 shall read as follows: "" Art. 36. -From the date of opening of the proceedings, all judicial, extrajudicial actions or enforcement measures shall be suspended for the realization of claims on the debtor or his assets, except for the actions exercised within a criminal trial. " 2. Article 53 shall read as follows: "" Art. 53. -The assets disposed of by the judicial administrator or liquidator, in the exercise of his duties provided for by this law, are acquired free of any tasks, such as mortgages, real securities or retention rights, of any kind, or precautionary measures, with the exception of precautionary measures or specific preventive measures, established during the criminal proceedings. " ------------- + Article 82 Law no. 86/2006 on the Customs Code of Romania, published in the Official Gazette of Romania, Part I, no. 350 of 19 April 2006, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 11, paragraph 2 shall be amended and shall read as follows: " (2) In case of refusal, the customs agent shall notify the competent prosecution body, which may proceed in accordance with the provisions of art. 190 190 para. ((2) or (5) of the Code of Criminal Procedure. " 2. in Article 11, after paragraph 2, a new paragraph (3) is inserted, with the following contents: "(3) In case of flagrant crimes, the customs personnel shall proceed to their finding, according to the provisions of the Code of Criminal Procedure." 3. Article 234 (3) and (4) shall be repealed. 4. Articles 276 to 278 shall be repealed. + Article 83 Article 23 of the Law no. 96/2006 on the Statute of Deputies and Senators, republished in the Official Gazette of Romania, Part I, no. 459 of 25 July 2013, paragraph 1 is amended and shall read as follows: "" ARTICLE 23 The regime in criminal proceedings (1) Deputies and senators may be prosecuted and brought to trial for acts not related to votes or political opinions expressed in the exercise of their mandate, but cannot be searched, detained or remanded in custody or at trial. domicile without the consent of the Chamber to which they belong and without proceeding to their obedience. " + Article 84 Law no. 192/2006 on the mediation and organization of the profession of mediator, published in the Official Gazette of Romania, Part I, no. 441 of 22 May 2006, as amended and supplemented, shall be amended as follows: 1. In Article 2, paragraph 1 shall read as follows: "" Art. 2. -(1) If the law does not provide otherwise, the parties, natural persons or legal persons, shall be obliged to attend the briefing on the advantages of mediation, including, if applicable, after the initiation of a trial before the competent courts, in the purpose of resolving conflicts in civil matters, family matters, as well as in other subjects, under the conditions laid down by law. " 2. In Article 7, the letter e) shall read as follows: "" e) enjoys a good reputation and has not been definitively convicted of committing a crime of a nature to prejudice the prestige of the profession; " 3. In Article 14, paragraph 2 shall read as follows: "(2) The exercise of the quality of mediator shall be suspended by law, if the measure of preventive arrest or house arrest has been taken against the mediator, until the criminal trial is resolved, according to the law." 4. In Article 15, the letter e) shall read as follows: " e) where the final court decision has ordered the conviction or postponement of the application of the sentence for a crime which affects the prestige of the profession or has been ordered to apply a custodial sentence. ' 5. Article 60 ^ 1 (1), point g) shall be repealed. 6. Article 67 shall read as follows: "" Art. 67. -(1) The provisions of this Law shall also apply in criminal cases, both in criminal and civil matters, after the distinctions shown in this section. (2) In the criminal aspect of the process, the provisions on mediation shall only apply in cases concerning crimes for which, according to the law, the withdrawal of prior complaint or the reconciliation of the parties removes criminal liability. ((3) The parties and the processing subjects cannot be compelled to accept the mediation procedure. " 7. In Article 68, paragraph 1 shall read as follows: "" Art. 68. -(1) In criminal cases mediation must be carried out so as to respect the rights of each party or the procedural subject to legal assistance and, if applicable, to the services of an interpreter. The minutes drawn up according to this law, by which the mediation procedure is closed, must show whether the persons between whom the mediation procedure was carried out benefited from the assistance of a lawyer and the services of an interpreter or, as the case may be, to mention the fact that they have expressly given up these. " 8. Article 69 shall read as follows: "" Art. 69. -(1) If the mediation procedure is carried out before the start of the criminal proceedings and it closes by the resolution of the conflict and the conclusion of a settlement, according to art. 56 56 para. ((1) lit. a), by derogation from the provisions of art. 157 157 para. (3) of the Criminal Code, the act will not attract criminal liability for the perpetrator as to which the conflict ended through mediation. (2) The term stipulated by law for the introduction of prior complaint shall be suspended during the mediation. If the warring parties did not conclude a deal, according to art. 56 56 para. ((1) lit. a), the injured person may enter the prior complaint within the same period, which will resume its course from the date of drawing up the minutes of closing the mediation procedure, counting the time elapsed before the suspension. " 9. In Article 70, paragraphs 1, 2, 4 and 5 shall read as follows: "" Art. 70. -(1) If the mediation on the criminal side of the case is carried out after the start of the criminal proceedings, the prosecution or, as the case may be, the judgment may be suspended, pursuant to the presentation by the parties of the mediation contract. (2) The suspension lasts until the mediation procedure is closed by any of the modes provided for by this law, but not more than 3 months from the date on which it was ordered. ........................................................................ (4) The criminal trial shall be resumed ex officio, immediately after the receipt of the minutes by which it is found that the agreement has not been concluded according to art. 56 56 para. ((1) lit. a) or, if it is not communicated, at the expiry of the term provided in par. ((2). (5) In order to resolve the criminal action or civil action on the basis of the agreement concluded as a result of mediation, the mediator is obliged to transmit to the judicial body the mediation agreement and the minutes of conclusion of the mediation in original and in electronic format if the parties have reached an agreement or only the minutes to conclude the mediation in the situations provided in art. 56 56 para. ((1) lit. b) and c). " + Article 85 Article 36 of the Government Emergency Ordinance no. 86/2006 on the organization of the activity of insolvency practitioners, republished in the Official Gazette of Romania, Part I, no. 724 of 13 October 2011, with subsequent amendments and completions, after letter g) a new letter, letter h) is inserted, with the following contents: " h) if the criminal action was set in motion against the practitioner or the prosecution was ordered for the commission of a crime of a nature to prejudice the prestige of the profession, until a court ruling definitive. " + Article 86 Government Emergency Ordinance no. 99/2006 on credit institutions and capital adequacy, published in the Official Gazette of Romania, Part I, no. 1.027 of 27 December 2006, approved with amendments and additions by Law no. 227/2007 , as amended and supplemented, shall be amended as follows: 1. Article 114 shall read as follows: "" Art. 114. -The credit institutions are obliged to provide the prosecutor or the court, at their request, information of the nature of the banking secrecy, the provisions on the special methods of supervision or research in the Code of Procedure criminal law by applying properly. " 2. Article 240 ^ 11 (5), point k) shall be repealed. + Article 87 Article 41 of the Law no. 291/2007 *) regarding the entry, stationing, operation or transit of foreign armed forces on the territory of Romania, published in the Official Gazette of Romania, Part I, no. 758 of 8 November 2007, paragraph 2 is amended and shall read as follows: "(2) The competence of prosecution and trial belongs to the Romanian military courts and prosecutors ' offices, according to the law, if by the international treaties or conventions to which Romania is a party it is not provided otherwise." + Article 88 Article 3 of the Government Ordinance no. 14/2007 for the regulation of the way and conditions of valorization of the goods entered, according to the law, in the private property of the state, republished in the Official Gazette of Romania, Part I, no 195 of 27 March 2009, as amended and supplemented, paragraphs 1, 3 and 9 shall be amended and shall read as follows: "" Art. 3. -(1) Goods seized or unsecured, according to the law, in any judicial proceeding pass into the private property of the State, pursuant to a conclusion issued by the preliminary chamber judge or a final court decision and irrevocable by which their valorisation is available. ....................................................................... (3) The movable property located at the recovery bodies or the holder, for which the refund was ordered by the conclusion of the preliminary chamber judge or by the final and irrevocable court decision, shall be returned to the owner or the entitled person. In the case of goods raised on the occasion of the finding and sanctioning of contraventions on the basis of minutes, for which the refund was ordered, any refund expenses are in charge of the bodies that ordered the confiscation measure. ....................................................................... (9) The conclusion of the preliminary chamber judge or the final and irrevocable court decision shall be communicated immediately to the holder, in order to notify the owner or the entitled person. " + Article 89 Law no. 4/2008 on the prevention and combating of violence on the occasion of competitions and sports games, published in the Official Gazette of Romania, Part I, no. 24 of 11 January 2008, as amended and supplemented, shall be amended as follows: 1. In Article 7, paragraph 6 shall read as follows: " (6) In the event of high risk sports games, it is necessary to present in the sports arena of the prefect or his representative. Their notification shall be carried out by the territorial competent gendarme unit. " 2. Article 48 shall read as follows: "" Art. 48. -If a person, on the occasion of a competition or a sports game or in connection with him, has committed a deed provided by the criminal law according to art. 31-45, it will be taken against this measure of safety of the prohibition of access to sports competitions such as those to which the act was committed. " 3. Article 49 shall read as follows: "" Art. 49. -(1) During the prosecution, the safety measure of prohibiting access to sports competitions such as those to which the act was committed can be taken against the defendant. (2) The order by which the measure is taken shall specify the type of sports competitions and games to which the defendant is prohibited from participating and the period during which his participation is prohibited. (3) In the course of prosecution the measure is ordered for a term that cannot be more than 6 months and which flows from the date on which the ordinance is communicated to the defendant. The period during which the defendant is in detention, even in another case, does not enter the duration of the measure. ((4) The measure may be extended in the course of criminal proceedings for a further period of 6 months. " 4. In Article 50, paragraphs 1 to 4 shall read as follows: "" Art. 50. -(1) Against the provision of the prosecutor to take the safety measure of prohibiting access to sports competitions the defendant can complain, within 3 days of communication, to the judge of rights and freedoms at the court jurisdiction to judge the case in the first instance, which is to be ruled by final conclusion. (2) The complaint is settled with the citation of the defendant, the presence of the prosecutor being mandatory. (3) When it finds that the measure is illegal or is not justified, the judge of rights and freedoms has its revocation. ((4) The complaint shall not be suspended. " 5. Article 51 shall read as follows: "" Art. 51. -(1) If the case concerning the act in relation to which it has taken the safety measure is ordered to be ranked under art. 16 lit. e)-h) of the Code of Criminal Procedure, the prosecutor notifies the preliminary chamber judge from the competent court to judge the case in substance, in order to rule, by conclusion, on the maintenance or revocation of the safety measure of prohibition of access to sports competitions. Art. 50 50 para. ((2) shall apply accordingly. (2) The period for which the maintenance of the measure is ordered may not exceed the maximum periods provided for in 31 31-45 for each individual deed. (3) The conclusion can be appealed, to the preliminary chamber judge from the superior hierarchical court, within 3 days, which flows from the ruling for those present and from communication for the missing. Art. 50 50 para. ((2)-(4) shall apply accordingly. (4) After the resolution of the appeal the file shall be returned to the competent prosecutor, no later than two days after the settlement. " 6. In Article 52, paragraphs 2 and 5 shall read as follows: " (2) The court orders the application of the provisional safety measure after hearing the defendant. The lack of the cited legal defendant does not prevent the measure ...................................................................... (5) Provisions art. 49 49 para. ((3) and (4) shall apply accordingly. " 7. In Article 53 ^ 1, paragraph 1 shall read as follows: "" Art. 53 53 ^ 1. -(1) The prosecutor, the judge of rights and freedoms or the court shall communicate to the national information point for sports events within the General Inspectorate of the Romanian Gendarmerie the act by which the application was ordered, maintained or revocation of the safety measure of the prohibition of access to some competitions or sports games to a defendant. " + Article 90 Article 117 of Law no. 46/2008 -Forest Code, published in the Official Gazette of Romania, Part I, no. 238 of 27 March 2008, with subsequent amendments and completions, shall be amended and shall read as follows: "" Art. 117. -In addition to the prosecution bodies are competent to find the facts provided in art. 106 106 and art. 108-110 forestry personnel from the central public authority responsible for forestry and its territorial structures with specific forestry, forestry personnel of the National Forest Regia-Romsilva and its structures territorial, forestry personnel from authorized private forest fields, as well as the authorized personnel of the Romanian Gendarmerie, under the conditions of art. 61 61 of the Code of Criminal Procedure. " + Article 91 Law no. 76/2008 on the organization and functioning of the National Judicial Genetic Data System, published in the Official Gazette of Romania, Part I, no. 289 of 14 April 2008, as amended, shall be amended as follows: 1. In Article 4 (1), letter b) shall read as follows: " b) persons definitively convicted of committing the offences contained in the Annex to the prison sentence, as well as the persons for whom the court has pronounced the postponement of the application of the sentence or the waiver 2. In Article 4, paragraphs 4 and 6 shall read as follows: " (4) The genetic profiles of the persons referred to in par. (3) will be verified by comparison in S.N.D.G.J. only for the purpose for which the harvest was made. Genetic profiles of persons referred to in par. (3) will be stored in the database until the final settlement of the case in which their introduction was ordered in S.N.D.G.J. ....................................................................... (6) Genetic profiles coming from the category referred to in par. ((1) lit. d) will be compared, for the purpose of identification, with genetic profiles coming from relatives of grades I and II, but also with other categories of genetic profiles existing in the database. The genetic profiles of the relatives serving for identification will be stored in the database until the final settlement of the case. " 3. In Article 5, paragraph 2 shall read as follows: " (2) Sampling of biological samples from the persons referred to in art. 4 4 para. (1) is made according to art. 190 190 of the Code of Criminal Procedure, which shall apply accordingly. " 4. Article 5 (3) shall be repealed. 5. In Article 5, paragraph 5 shall read as follows: " (5) The judge of rights and freedoms, the courts and the prosecution bodies that have the procurement have the obligation to inform the persons referred to in art. 4 4 para. ((1) lit. a) and b) that the collected biological samples will be used for obtaining and storing in S.N.D.G.J. the genetic profile. " 6. Article 7 shall read as follows: "" Art. 7. -(1) Sampling of biological samples from the persons referred to in art. 4 4 para. ((1) lit. b) is ordered by the court, by the judgment of conviction or by the decision to postpone the application of the sentence or to waive the application of the sentence. (2) Sampling of biological samples from persons definitively sentenced to the prison sentence provided in art. 4 4 para. ((1) lit. b), in order to add genetic profiles in S.N.D.G.J., is carried out when entering the penitentiary, by the medical staff of the penitentiary, with the support of the security personnel and in the presence of a policeman, without any other prior notification from the court's part. (3) Sampling of biological samples from the persons referred to in art. 4 4 para. ((1) lit. b), for which the court has pronounced the postponement of the application of the sentence or the waiver of punishment, in order to introduce genetic profiles in S.N.D.G.J., is carried out by the personnel of the Romanian Police trained in this regard, immediately after the communication of the final sentence of conviction, namely the judgment by which the court has delivered the postponement of the application of the sentence or the waiver 7. In Article 13, paragraph 2 shall read as follows: " (2) If the prosecution was ordered to be closed or dropped or, as the case may be, the acquittal or termination of the criminal proceedings, the deletion of the data from S.N.D.G.J. shall be carried out on the basis of the order issued by the prosecutor or, as the case may be, court, if in their contents there are express mentions of the measure of deletion; in these situations, the device of the prosecutor's ordinance or, as the case may be, of the court decision shall be communicated immediately to the administrator of S.N.D.G.J. " 8. Article 14 shall read as follows: "" Art. 14. -(1) The genetic profiles obtained from persons definitively sentenced to the prison sentence for committing the crimes contained in the annex, introduced in S.N.D.G.J., are deleted after the passage of a period of 5 years from their death. (2) The genetic profiles obtained from the persons referred to in art. 4 4 para. ((1) lit. b) the second sentence, for which the court has pronounced the postponement of the application of the sentence or the waiver of the sentence, introduced in S.N.D.G.J., are kept for 10 years, and if they die before the deadline respectively, genetic profiles are kept for another 2 years after death, after which they are deleted. " + Article 92 Law no. 173/2008 on active interventions in the atmosphere, published in the Official Gazette of Romania, Part I, no. 715 of 21 October 2008, as amended, shall be amended as follows: 1. Article 104 shall read as follows: "" Art. 104. -Research of crimes provided in art. 101 returns to the prosecution bodies, with the contest of the inspection of active interventions within the administration. " 2. Article 106 shall be repealed. + Article 93 Article 12 of Law no. 93/2009 on non-banking financial institutions, published in the Official Gazette of Romania, Part I, no. 259 of 21 April 2009, with subsequent amendments and completions, shall be amended and shall read as follows: "" Art. 12. -Non-bank financial institutions are obliged to provide the prosecutor or the court with information of the nature of those provided in art. 9 9 para. ((1), the provisions on special methods of supervision or research in the Code of Criminal Procedure shall apply accordingly. " + Article 94 Article 30 of the Government Emergency Ordinance no. 77/2009 on the organization and operation of gambling, published in the Official Gazette of Romania, Part I, no. 439 of 26 June 2009, approved with amendments and additions by Law no. 246/2010 , as amended and supplemented, paragraph 3 shall be repealed. + Article 95 Article 12 of Local police law no. 155/2010 * *), published in the Official Gazette of Romania, Part I, no. 488 of 15 July 2010, is amended and shall read as follows: "" Art. 12. -In the case of flagrant crimes, the local police personnel shall proceed according to the provisions of 293 293 of the Code of Criminal Procedure. " + Article 96 Article 27 of Law of the safety of levees 259/2010 * *), published in the Official Gazette of Romania, Part I, no. 857 of 21 December 2010, is amended and shall read as follows: "" Art. 27. -(1) The crimes provided for in this law are found by the criminal investigation bodies, directly or at the notification of the authorized personnel of the central public authority in the field of water or of the National Administration "Romanian Waters". ((2) Acts concluded by the authorized personnel referred to in par. (1) are acts of finding, according to art. 61 61 of the Code of Criminal Procedure. " + Article 97 Article 10 of Law no. 61/2011 on the organization and functioning of the Department for Anti-Fraud-DLAF, published in the Official Gazette of Romania, Part I, no. 331 of 12 May 2011, is amended and shall read as follows: "" Art. 10. -(1) The department has the status of finding body, within the meaning of art. 61 of the Code of Criminal Procedure, regarding the facts that may constitute crimes affecting the financial interests of the European Union in Romania. (2) The Department may, at the request of the prosecutor, carry out controls on compliance with the legal provisions on the protection of the financial interests of the European Union. + Article 98 Social dialogue law no. 62/2011 , republished in the Official Gazette of Romania, Part I, no. 625 of 31 August 2012, as amended, shall be amended as follows: 1. Article 8 shall read as follows: "" Art. 8. -They can be elected to the governing bodies of union organizations persons who have full exercise capacity and do not execute the complementary punishment of prohibiting the right to serve, to exercise the profession or profession or to carry out the activity that was used for the commission of the crime. " 2. In Article 63, paragraph 1 shall read as follows: "" Art. 63. -(1) They can be elected to the governing bodies of employers ' organizations who have full exercise capacity and do not execute the complementary punishment of prohibiting the right to serve, to exercise the profession or profession or to carry out the activity of which it was used to commit the crime. " 3. In Article 218, paragraph 3 shall read as follows: " (3) The criminal action is set in motion on the prior complaint of the injured person, except for the crime provided in par. ((1). ' + Article 99 Article 15 (4) of the Law no. 55/2012 * *) on Romania's cooperation with the European Police Office (Europol), published in the Official Gazette of Romania, Part I, no. 185 of 22 March 2012, letters a) and b) are amended and shall read as follows: " a) following the completion of the police investigation, no prosecution was ordered; b) in the criminal proceedings, regarding the person concerned, the ranking was ordered, the waiver of the prosecution, the payment, the renunciation of the sentence or the termination of the criminal proceedings. " + Article 100 Article 18 of Law no. 82/2012 * *) on the retention of data generated or processed by providers of electronic communications networks and electronic communications service providers intended for the public, as well as for the modification and completion of Law no. 506/2004 on the processing of personal data and the protection of privacy in the electronic communications sector, published in the Official Gazette of Romania, Part I, no. 406 of 18 June 2012, is amended and shall read as follows: "" Art. 18. -The prosecution bodies may request the data retained on the basis of this law in compliance with the provisions of art. 152 152 of the Code of Criminal Procedure. " + Article 101 Law on electricity and natural gas no. 123/2012 , published in the Official Gazette of Romania, Part I, no. 485 of 16 July 2012, is amended as follows: 1. In Article 187, paragraph 2 shall read as follows: " (2) The application for authorization shall be settled in the council chamber without citing the parties. The judge shall rule on the application for authorization no later than 48 hours after the date of registration of the application by final conclusion. The conclusion shall be reasoned and communicated to the competent authority no later than 48 hours after delivery. " 2. Article 187 (7) shall be repealed. + Title III Provisions amending and supplementing the Code of Criminal Procedure Provisions amending and supplementing the Code of Criminal Procedure + Article 102 Law no. 135/2010 on the Code of Criminal Procedure, published in the Official Gazette of Romania, Part I, no. 486 of 15 July 2010, shall be amended and supplemented as follows: 1. In Article 1, paragraph 2 shall be amended and shall read as follows: " (2) The rules of criminal procedure seek to ensure the effective exercise of the duties of judicial bodies with guaranteeing the rights of the parties and other participants in the criminal proceedings so as to comply with the provisions of the the constituent treaties of the European Union, the other regulations of the European Union in criminal procedural matters, as well as of the acts and treaties regarding the fundamental human rights to which Romania is a party. " 2. in Article 3, point c) of paragraph 1 and paragraphs 3 and 6 shall be amended and shall read as follows: " c) the function of verifying the legality of the reference or non-referral; ....................................................................... (3) In the conduct of the same criminal trial, the exercise of a judicial function is incompatible with the exercise of another judicial function, except for the one provided in par. ((1) lit. c), which is compatible with the function of judgment. ....................................................................... ((6) On the legality of the act of arraignment and the evidence on which it is based, as well as on the legality of the non-referral solutions, the judge of the preliminary chamber shall be pronounced, under the law. " 3. In Article 10, paragraph 3 shall be amended and shall read as follows: " (3) The suspect has the right to be informed immediately and before being heard about the act for which the prosecution and its legal classification are carried out. The defendant has the right to be informed immediately about the act for which the criminal action was set in motion against him and his legal classification. " 4. In Article 12, paragraph 3 shall be amended and shall read as follows: " (3) The parties and the procedural subjects who do not speak or do not understand the Romanian language or cannot express themselves are assured, free of charge, the possibility to take cognizance of the pieces of the file, to speak, as well as to put conclusions in court, by interpreter. In cases where legal aid is compulsory, the suspect or defendant shall be provided free of charge with the opportunity to communicate, through the interpreter, with the lawyer in preparation for the hearing, the introduction of an appeal or any another request for the resolution of the case. " 5. In Article 17, paragraph 2 shall be amended and shall read as follows: " (2) In the course of the judgment the criminal action shall be extinguished by the final stay of the judgment of conviction, waiver of the sentence, postponement of the application of the sentence, acquittal or termination of the criminal proceedings 6. In Article 19, paragraphs 1 and 3 shall be amended and shall read as follows: "" Art. 19. -(1) Civil action exercised in the criminal proceedings has as its object the criminal liability of persons responsible according to civil law for the damage caused by the commission of the act that is the subject of criminal action. ........................................................................ (3) When the injured person is deprived of exercise capacity or has a restricted exercise capacity, the civil action shall be exercised on his behalf by the legal representative or, as the case may be, by the prosecutor, under the conditions of art. 20 20 para. ((1) and (2), and shall have as its object, depending on the interests of the person for whom it is exercised, the holding to tort civil liability. " 7. In Article 20, paragraphs 6 and 7 shall be amended and shall read as follows: " (6) If a large number of persons who do not have the interests of the contrary have been a civil party, they may designate a person to represent their interests in the criminal proceedings. If the civil parties have not appointed a common representative, for the proper conduct of the criminal proceedings, the prosecutor or the court may designate, by order, respectively by reasoned conclusion, an ex officio lawyer to represent interests. The conclusion or the order will be communicated to the civil parties, who must incuse the prosecutor or the court if they refuse to be represented by the appointed lawyer ex officio. All procedural documents communicated to the representative or by which the representative has become aware shall be presumed to be known by the persons represented. (7) If the right to compensation of the damage has been transmitted to another person by way of appeal, it may not exercise civil action in the criminal proceedings. If the transmission of this right takes place after the constitution as a civil party, civil action may be disjointed. " 8. In Article 21, paragraphs 1 and 3 shall be amended and shall read as follows: "" Art. 21. -(1) The introduction in the criminal proceedings of the responsible party may take place, at the request of the party entitled according to the civil law, within the period provided for in art. 20 20 para. ((1). ........................................................................ (3) The civilly responsible party may intervene in the criminal proceedings until the end of the judicial investigation at the first court, taking the procedure from the stage in which it was at the time of intervention. " 9. In Article 24, paragraph 2 shall be amended and shall read as follows: " (2) In the event of death, reorganization, dissolution or dissolution of the party responsible civilly, civil action remains in the jurisdiction of the criminal court if the civil party indicates the heirs or, as the case may be, the successors in rights or liquidators of the civilly responsible, no later than two months after the date on which he became aware of that circumstance. ' 10. Article 24 (3) shall be repealed. 11. In Article 25, paragraph 1 shall be amended and shall read as follows: "" Art. 25. --(1) The court shall rule by the same judgment both on criminal proceedings and on civil action. " 12. Article 25 (4) shall be repealed. 13. Article 25 (5) shall be amended and shall read as follows: " (5) In case of acquittal of the defendant or of termination of the criminal proceedings, based on art. 16 16 para. ((1) lit. b) first sentence, lit. e), f), g), i) and j), as well as in the case provided by art. 486 486 para. (2), the court shall leave the civil proceedings unresolved. " 14. in Article 25, after paragraph 5, a new paragraph (6) is inserted, with the following contents: " (6) The court leaves civil action unresolved and if the heirs or, as the case may be, the successors in rights or the liquidators of the civil party do not express their option to continue the exercise of civil action or, as the case may be, the civil party shall not heirs, successors in rights or liquidators of the party responsible civilly within the period provided for in art. 24 24 para. ((1) and (2). ' 15. In Article 26, paragraphs 1 and 3 shall be amended and shall read as follows: "" Art. 26. -(1) The court may order the disconnection of civil action, when its resolution determines the exceeding of the reasonable period of resolution of the criminal action The civil action settlement remains in the jurisdiction of the criminal .................................................................... ((3) The samples administered until the disjungers will be used in the resolution of the disjunse civil action. " 16. Article 26 (4) shall be repealed. 17. In Article 27, paragraphs 2 and 7 shall be amended and shall read as follows: " (2) The injured person or his successors, who were a civil party in the criminal proceedings, can bring action to the civil court if, by final decision, the criminal court has left the civil action unresolved. Evidence administered during the criminal proceedings can be used before the civil court. ............................................................. (7) In the case provided in par. (1), the judgment before the civil court shall be suspended after the setting in motion of the criminal action and until the first instance of the criminal case is resolved, but not more than one year. " 18. Article 31 is amended and shall read as follows: "" Art. 31 Lawyer The lawyer assists or represents the parties or the procedural subjects under the law. " 19. In Article 36 (1), points a) and b) shall be amended and shall read as follows: " a) the offences provided by the Criminal Code at art. 188-191 188-191, art. 209-211 209-211, art. 254, 263, 282, art. 289-294 289-294, art. 303 303, 304, 306, 307, 309, 345, 346, 354 and art. 360-367 360-367; b) crimes committed with outdated intent that resulted in the death of a person; " 20. In Article 36 (1), after letter c), a new letter, letter c ^ 1) is inserted, with the following contents: " c ^ 1) money laundering offences and tax evasion offences provided for by art. 9 9 of Law no. 241/2005 to prevent and combat tax evasion, as amended; " 21. Article 38 (1), point d) shall be amended and shall read as follows: "d) crimes committed by lawyers, public notaries, bailiffs, financial controllers of the Court of Auditors, as well as external public auditors;" 22. In Article 38 (1), after letter d), four new letters are inserted, the letters e)-h), with the following contents: " e) the crimes committed by the heads of religious cults organized under the law and by the other members of the high clergy, who have at least the rank of archbishop or equivalent thereof; f) the offences committed by the magistrates-assistants of the High Court of Cassation and Justice, the judges of the courts of appeal and the Military Court of Appeal, as well as the prosecutors from the prosecutor's offices of these courts; g) the crimes committed by the members of the Court of Accounts, the President of the Legislative Council, the Ombudsman, the deputies of the Ombudsman and the quaestors; h) requests for resettlement, in the cases provided by law. " 23. In Article 39 (1), after letter c) two new letters, letters d) and e) are inserted, with the following contents: " d) the offences committed by generals, marshals and admirals; e) requests for resettlement, in the cases provided by law. " 24. In Article 40, paragraph 1 shall be amended and shall read as follows: "" Art. 40. -(1) The High Court of Cassation and Justice judges in the first instance high treason crimes, crimes committed by senators, deputies and members of Romania in the European Parliament, members of the Government, judges of the Constitutional Court, by the members of the Superior Council of Magistracy, by the judges of the High Court of Cassation and Justice and by the prosecutors of the Prosecutor's Office of the High Court of Cassation and Justice. " 25. In Article 40, paragraph 4 shall be amended and shall read as follows: " (4) The High Court of Cassation and Justice resolves conflicts of jurisdiction in cases where the superior court is common to the warring courts, cases where the course of justice is interrupted, requests for resettlement in cases provided by the law, as well as the appeals made against the decisions rendered by the courts of appeal in the cases provided by law. " 26. In Article 43, paragraph 3 shall be amended and shall read as follows: " (3) Provisions of para. ((1) and (2) are also applicable in cases where there are several cases before the same court. " 27. In Article 48, paragraph 1 shall be amended and shall read as follows: "" Art. 48. -(1) When the jurisdiction of the court is determined by the quality of the defendant, the court remains competent to judge even if the defendant, after committing the crime, no longer has that quality, in cases when: a) the act is related to the duties of the perpetrator; b) the document of referral of the court was read. " 28. in Article 53, letters e) and f) shall be amended and shall read as follows: " e) the consent of the searches, the use of special methods and techniques of surveillance or research or other evidential procedures according to the law; f) early hearing procedure; " 29. In Article 56, paragraphs 1 and 3-(5) shall be amended and shall read as follows: "" Art. 56. -(1) The prosecutor leads and directly controls the prosecution activity of the judicial police and special criminal investigation bodies, provided by law. The prosecutor also oversees that the acts of prosecution be carried out in compliance with the legal provisions. ........................................................................ (3) The prosecution shall be made, on a mandatory basis, by the prosecutor: a) in the case of offences for which the jurisdiction of first instance belongs to the High Court of Cassation and Justice or to the court of appeal; b) in the case of crimes referred to in 188-191 188-191, art. 279 279 and art. 289 289-294 of the Criminal Code; c) in the case of crimes committed with outdated intent, which had as a result the death of a person; d) in the case of crimes for which the competence to carry out the prosecution belongs to the Directorate for Investigation of Organized Crime and Terrorism or the National Anti-Corruption Directorate; e) in other cases provided by law. (4) The prosecution in the case of crimes committed by the military shall be carried out, on a mandatory basis, by the military prosecutor. (5) Military prosecutors from military prosecutor's offices or military departments of prosecutors carry out the prosecution according to the competence of the prosecutor's office of which they belong, to all participants in the commission of crimes committed by the military, the competent court will be notified according to art. 44 44. " 30. In Article 58, paragraph 3 shall be amended and shall read as follows: "(3) If the criminal investigation body finds that it is not competent to carry out the prosecution, it shall immediately send the case to the prosecutor exercising the supervision, in order to notify the competent body." 31. In Article 63, paragraphs 3 and 4 shall be amended and shall read as follows: " (3) Criminal prosecution of crimes committed under the conditions provided in art. 41 shall be carried out by the prosecution body of the constituency of the competent court to judge the case, if the law does not have otherwise. (4) The conflict of competence between 2 or more prosecutors shall be solved by the superior hierarchical prosecutor jointly. When the conflict arises between two or more criminal investigation bodies, the jurisdiction shall be determined by the prosecutor exercising the supervision of the criminal investigation activity of these organs. If the prosecutor does not exercise the supervision of the activity of all criminal investigation bodies between which the conflict arose, the competence is established by the first prosecutor of the prosecutor's office in the constituency of which the research bodies are located criminal. " 32. After Article 63, a new section, section 6, is inserted, with the following name: " SECTION 6 Incompatibility and displacement " 33. In Article 64, paragraph 4 is amended and shall read as follows: "" (4) The judge of rights and freedoms may not participate, in the same case, in the preliminary chamber procedure, in court or in appeals. " 34. In Article 64, after paragraph 4, two new paragraphs, paragraphs 5 and 6 shall be inserted, with the following contents: " (5) The judge who participated in the resolution of the complaint against untraceable or non-prosecution solutions may not participate, in the same case, on trial in substance or in the remedies. (6) The judge who has ruled on a measure subject to appeal cannot participate in the resolution of the appeal. " 35. Article 65 (4) shall be amended and shall read as follows: "(4) The prosecutor who participated as a judge in a case cannot, in the same case, exercise the function of prosecution or make conclusions to the trial of that case in the first instance and in the remedies." 36. In Article 67, paragraph 4 shall be amended and shall read as follows: " (4) The request for recusal shall be made orally or in writing, with the showing, for each individual person, of the case of incompatibility invoked and the grounds of fact known at the time of the application. The request for oral recusal shall be recorded in a report or, as the case may be, at the conclusion of the hearing. " 37. In Article 69, paragraph 2 shall be amended and shall read as follows: " (2) The request for recusal shall be addressed either to the recused person or to the prosecutor. If the request is addressed to the person who carries out the prosecution, he is obliged to submit it together with the necessary clarifications, within 24 hours, to the prosecutor, without interrupting the course of the prosecution. " 38. Article 71 shall be amended and shall read as follows: "" Art. 71 The basis of displacement The High Court of Cassation and Justice displaced adjudication of a case from the court of appeal jurisdiction to another appellate court, and the court of appeal dismay adjudicate a case from a court or, as the case may be, from a trial in her constituency to a other court of the same degree in his constituency, when there is reasonable suspicion that the impartiality of the judges of the court is impaired due to the circumstances of the case, the quality of the parties or when there is danger public order. The displacement of the judgment of a case from a competent military court to another military court of the same degree shall be ordered by the military court of appeal, the provisions of this section on the displacement of the case by the court of appeal the competence being applicable. ' 39. In Article 72, paragraphs 1, 5 and 6 shall be amended and shall read as follows: "" Art. 72. -(1) Stramutation may be required by the parties or the prosecutor. In the course of the preliminary chamber procedure, no request for resettlement can be made. ...................................................................... ((. The application shall be submitted immediately to the High Court of Cassation and Justice or to the competent court of appeal together with the attached documents. (6) The High Court of Cassation and Justice or the competent court of appeal may request information from the president of the court from where the resettlement is sought or from the president of the hierarchical court superior to the one to which the case is located displacement is required, while communicating the deadline for the application of resettlement. When the High Court of Cassation and Justice is the superior hierarchical court, the information is required of the president of the court of appeal to which the case whose displacement is sought is sought. When the competent court of appeal is the superior hierarchical court, the information shall be required by the president of the tribunal to which the case is sought. " 40. In Article 73, paragraphs 3, 4 and 5 shall be amended and shall read as follows: " (3) In the information sent to the High Court of Cassation and Justice or the court of appeal, express mention is made about the conduct of the premises, attaching the evidence of their communication. (4) Failure to present the parties shall not preclude If the defendant is in custody or house arrest, the High Court of Cassation and Justice or the competent court of appeal may order him to be brought to trial, if he considers his presence to be. necessary to resolve the application. (5) The High Court of Cassation and Justice or the competent court of appeal shall give the word of the party which has made the request for resettlement, the other parties present, as well as the If the prosecutor has made the request, he shall be given the first word. " 41. In Article 74, paragraphs 1 to 3 shall be amended and shall read as follows: "" Art. 74. -(1) The High Court of Cassation and Justice or the competent court of appeal shall settle the request for resettlement by sentence. (2) If it finds the request grounded, the High Court of Cassation and Justice orders the removal of the trial of the case to a court of appeal adjoining the court from which the displacement is sought, and the appellate court orders the displacing of the case to one of the courts of the same degree with the court from which the displacement of his constituency is requested. ((3) The High Court of Cassation and Justice or the competent court of appeal shall determine the extent to which the acts are maintained before the court from which the case has been moved. " 42. In Article 75, paragraphs 2 to 4 shall be amended and shall read as follows: " (2) Provisions of art. 71 71-74 shall apply accordingly and in the preliminary chamber procedure. (3) If the resettlement is ordered during the preliminary chamber procedure, the trial of the case shall be carried out by the court to which the case has been displaced. (4) If it is ordered to displace the appeal of the appeal, the retrial of the case, in case of abolition of the sentence with reference to retrial, will be carried out by the appropriate court in the rank of the one who settled the the constituency of the one to which the case was displaced, indicated by the decision to abolish it. " 43. Article 76 is amended and shall read as follows: "" Art. 76 Appointment of another court to judge the case (1) The prosecutor who conducts or supervises the prosecution may ask the High Court of Cassation and Justice to designate an appeal court other than that which would return her jurisdiction to judge the case in the first instance, to be referred to in the case which will be issued to the indictment. (2) The prosecutor who conducts or supervises the prosecution may ask the competent court of appeal to designate another court or, as the case may be, a court other than the one to which the jurisdiction would return to judge the case in the first instance, which shall be notified if the indictment will be issued. (3) Provisions art. 71 71 shall apply accordingly. (4) The High Court of Cassation and Justice or the competent court of appeal shall settle the application in the council chamber within 15 days. (5) The High Court of Cassation and Justice or the competent court of appeal shall order, by reasoned conclusion, either the rejection of the application or the admission of the application and the appointment of an equal court in the degree to which it would be competent to judge the case the court, to be notified if the indictment is issued. (6) The conclusion by which the High Court of Cassation and Justice or the competent court of appeal shall settle the application shall not be subject to any appeal. ((7) In the event of the rejection of the application for the appointment of another court for the proceedings of the case, a new application may no longer be made for the same reasons. " 44. In Article 80, paragraph 1 shall be amended and shall read as follows: "" Art. 80. -(1) If there is a large number of injured persons who do not have the interests of the contrary, they may designate a person to represent their interests in the criminal proceedings. If the injured persons have not appointed a common representative, for the proper conduct of the criminal proceedings, the prosecutor or the court may designate, by order, respectively by reasoned conclusion, an ex officio lawyer to represent their interests. The conclusion or the ordinance will be communicated to the injured persons, who must incuse, within 3 days from the receipt of the communication, the prosecutor or the court if they refuse to be represented by the appointed lawyer ex officio. All procedural documents communicated to the representative or by which the representative has become aware shall be presumed to be known by the persons represented. " 45. In Article 81 (1), after the letter g), a new letter, letter g ^ 1) is inserted, with the following contents: "g ^ 1) the right to benefit freely from an interpreter when he does not understand, does not express himself well or cannot communicate in Romanian;" 46. in Article 81, after paragraph 1, a new paragraph (2) is inserted, with the following contents: " (2) The person who suffered a physical, material or moral injury by a criminal act for which the criminal action is set in motion ex officio and who does not wish to participate in the criminal proceedings must notify about this judicial body, which, if he considers it necessary, will be able to hear it as a witness. " 47. In Article 83, after letter a) a new letter, letter a ^ 1) is inserted, with the following contents: "a ^ 1) the right to be informed of the act for which it is investigated and its legal classification;" 48. In Article 83, after letter g) a new letter, letter g ^ 1) is inserted, with the following contents: "g ^ 1) the right to be informed of its rights;" 49. In Article 85, paragraph 2 shall be amended and shall read as follows: "" (2) The civil status of the person who has suffered an injury by offence does not remove the right of this person to participate as an injured person in the same case. " 50. Article 86 is amended and shall read as follows: "" Art. 86 The civilly responsible party The person who, according to civil law, has a legal or conventional obligation to repair in full or in part, alone or in solidarity, the damage caused by the offence and who is called to respond in the trial is part in the criminal trial and is Calls civilly responsible party. " 51. In Article 88, paragraphs 3 and 4 shall be amended and shall read as follows: " (3) The duly elected or appointed lawyer shall be obliged to provide legal assistance to the parties or to the main processing subjects. ((4) The parties or main procedural subjects with contrary interests cannot be assisted or represented by the same lawyer. " 52. In Article 91, paragraphs 2 and 3 shall be amended and shall read as follows: "" (2) Throughout the criminal proceedings, when legal aid is compulsory, if the chosen lawyer is unjustifiably lacking, he does not ensure substitution or unjustifiably refuses to exercise the defence, although the exercise of all rights has The judicial body shall take measures for the appointment of a public defender to replace it, giving it a reasonable period and the necessary facilitations for the preparation of an effective defence, making reference to it in a minutes or, as appropriate, at the conclusion of the meeting. In the course of judgment, when legal aid is compulsory, if the chosen lawyer is unjustifiably absent at the court term, does not ensure substitution or refuses to carry out the defence, although the exercise of all procedural rights has been ensured the court shall take measures to appoint a public defender to replace him, giving him a period of at least 3 days for the preparation of the defence. (3) The appointed public defender shall be obliged to present himself whenever requested by the judicial body, ensuring a concrete and effective defence in question. " 53. In Article 92, the marginal name shall be amended and shall read as follows: "" The rights of the suspect and defendant " 54. In Article 92, paragraphs 1, 6 and 7 shall be amended and shall read as follows: "" Art. 92. -(1) In the course of the prosecution, the lawyer of the suspect or defendant has the right to assist in carrying out any act of prosecution, except: a) the situation in which special surveillance or research methods are used, provided in the head. IV of Title IV; b) body or vehicle search in case of flagrant offences. ..................................................................... (6) If the lawyer of the suspect or defendant is present at the performance of a criminal prosecution act, mention is made of this and of any objections made, and the act is also signed by the lawyer. (7) In the course of the preliminary chamber procedure and in the course of the judgment, the lawyer has the right to consult the documents of the case, to assist the defendant, to exercise his procedural rights, to make complaints, requests, memoirs, exceptions and Objections. " 55. In Article 93, paragraph 1 shall be amended and shall read as follows: "" Art. 93. -(1) In the course of the criminal investigation, the lawyer of the injured person, of the civil party or of the civilly responsible party has the right to be incused under the conditions of art. 92 92 para. (2), to assist in carrying out any act of prosecution under the conditions of art. 92, the right to consult the documents of the file and to make requests and submit memoirs. Art. 89 89 para. ((1) shall apply accordingly. " 56. In Article 94, paragraphs 1, 3 and 4 shall be amended and shall read as follows: "" Art. 94. -(1) The lawyer of the parties and of the main procedural subjects shall have the right to request the consultation of the file throughout the criminal proceedings. This right cannot be exercised, nor is it improperly restricted. ................................................................ (3) In the course of the prosecution, the prosecutor shall determine the date and duration of the consultation This right can be delegated to the criminal investigation body. (4) In the course of the prosecution, the prosecutor may restrict the consultation of the file, if this could be without prejudice to the proper conduct of the prosecution. After the setting in motion of the criminal action, the restriction may be ordered for no more than 10 days. " 57. in Article 94, after paragraph 7, a new paragraph (8) is inserted, with the following contents: "" (8) The provisions of this Article shall apply accordingly with regard to the right of the parties and the main processing subjects to consult the file. " 58. Article 97 (2), letter e) shall be amended and shall read as follows: "e) documents, reports of expertise or finding, minutes, photographs, material means of proof;" 59. in Article 97, after paragraph 2, a new paragraph (3) is inserted, with the following contents: "(3) The probative process is the legal way to obtain the means of proof." 60. In Article 100, paragraph 3 is amended and shall read as follows: "(3) The application for the administration of certain evidence in the course of criminal proceedings or in the course of judgment shall be admitted or rejected, reasoned, by the judicial bodies." 61. In Article 102, paragraph 3 shall be amended and shall read as follows: "" (3) The nulity of the act by which the administration of a sample was ordered or authorized or by which it was administered determines the exclusion of the sample. " 62. Article 102 (5) shall be repealed. 63. In Article 103, paragraph 3 shall be amended and shall read as follows: "(3) The judgment in sentencing, waiving the application of the sentence or postponing the application of the sentence cannot be found in the determining measure on the statements of the investigator, of the collaborators or of the protected witnesses." 64. In Article 105, paragraph 4 shall be amended and shall read as follows: " (4) In exceptional cases, if an authorized person is not present who can communicate through the special language, and the communication cannot be carried out in writing, the hearing of the persons referred to in par. (3) will be made with the help of any person who has communication skills, the provisions of par. ((2) by applying properly. " 65. Article 106 is amended and shall read as follows: "" Art. 106 Special rules on listening (1) If, during the hearing of a person, it shows visible signs of excessive fatigue or symptoms of a disease affecting his physical or mental capacity to participate in obedience, the judicial body has the interruption of obedience and, if applicable, take measures for the person to be consulted by a doctor. (2) The person in detention may be heard at the place of holding by videoconference, in exceptional cases and if the judicial body considers that it does not prejudice the proper conduct of the trial or the rights and interests of the parties. (3) In the case provided in par. ((2), if the person heard is in any of the situations provided in art. 90 90, the hearing may take place only in the presence of the lawyer at the place of possession. " 66. Article 107 (1) shall be amended and shall read as follows: "" Art. 107. -(1) At the beginning of the first hearing, the judicial body addresses questions to the suspect or defendant regarding the name, surname, nickname, date and place of birth, personal numerical code, parents ' name and surname, citizenship, marital status, situation military, studies, profession or occupation, place of work, domicile and address where he actually lives and the address to which he wishes to be communicated the procedural documents, criminal history or if another criminal trial is to be carried out, if request an interpreter if he does not speak or does not understand the Romanian language or does not may express, as well as on any other data for the establishment of his or her personal situation. " 67. In Article 108, paragraph 3 shall be amended and shall read as follows: " (3) In the course of the prosecution, before the first hearing of the suspect or defendant, the rights and obligations provided in par. ((2). These rights and obligations shall also be communicated in writing, under signature, and if they cannot or refuse to sign, a minutes shall be concluded. " 68. in Article 108, after paragraph 3, a new paragraph (4) is inserted, with the following contents: " (4) The judicial body must inform the defendant the possibility of concluding, in the course of prosecution, an agreement, as a result of the recognition of guilt, and in the course of judgment the possibility to benefit from the reduction of the sentence provided by law, following the recognition of the accusation. " 69. In Article 109, paragraph 3 shall be amended and shall read as follows: "" (3) In the course of the hearing, the suspect or the defendant may exercise his right to silence on any of the facts or circumstances of which he is asked. " 70. In Article 110, paragraphs 1 and 4 shall be amended and shall read as follows: "" Art. 110. -(1) The statements of the suspect or defendant shall be recorded in writing. The statement records the questions addressed during the hearing, mentioning who formulated them, and it is mentioned every time the start time and the time of the conclusion of the listening. .................................................................... (4) The written declaration is also signed by the prosecution body which proceeded to hear the suspect or defendant, the judge of rights and freedoms or the presiding judge and the Registrar, the suspect's lawyer, the defendant, the injured person, the civil party or the civilly responsible party, if they were present, as well as the interpreter when the declaration was made through an interpreter. " 71. Article 111 (2), point g) shall be repealed. 72. In Article 116, paragraph 3 shall be amended and shall read as follows: "(3) I may not be subject to the witness statement of those facts or circumstances whose secret or confidentiality may be opposed by law to judicial bodies." 73. Article 116 (5) shall be repealed. 74. Article 117 (4) shall be amended and shall read as follows: " (4) The person who fulfils one of the qualities provided in par. ((1) in relation to one of the suspects or defendants is exempt from the obligation to testify against the other suspects or defendants, if his declaration cannot be limited to the latter only. " 75. Article 118 is amended and shall read as follows: "" Art. 118 The witness's right not to charge The witness statement given by a person who, in the same case, prior to the declaration had or subsequently acquired the status of suspect or defendant cannot be used against him. The judicial bodies have the obligation to mention, on the occasion of the declaration of the declaration, the previous procedural quality. " 76. In Article 121, paragraph 6 is amended and shall read as follows: " (6) Provisions of para. ((1)-(5) shall apply accordingly in the proceedings of the early hearing before the judge of rights and freedoms. " 77. Article 124 (6) and (7) shall be repealed. 78. In Article 129, paragraph 1 shall be amended and shall read as follows: "" Art. 129. -(1) In the situations provided in art. 126 126 para. ((1) lit. d) and art. 127 lit. d), the hearing of the witness can be carried out through audiovideo means, without the witness being physically present in the place where the judicial body is located. " 79. Article 129 (2) shall be repealed. 80. In Article 129, paragraph 3 shall be amended and shall read as follows: " (3) Main processing subjects, parties and their lawyers may ask questions of the witness heard in the conditions of par. ((1). The judicial body rejects the questions that could lead to the identification of the witness. " 81. In Article 131, paragraph 4 shall be amended and shall read as follows: "" (4) Questions and answers shall be recorded in a minutes. " 82. In Article 133, paragraph 2 shall be amended and shall read as follows: " (2) The hearing consists in the description of all the characteristics of the person or object, as well as of the circumstances in which they were seen. The person who makes the identification is asked if he has previously participated in another identification procedure concerning the same person or the same object or if the person or the identified object has been indicated or described above. " 83. The name of Chapter IV of Title IV of the General Partions shall be amended and shall read as follows: "" CHAPTER IV Special methods of surveillance or research " 84. In Article 138, paragraphs (1), (2), (9) to (11) and (13) shall be amended and shall read as follows: "" Art. 138. -(1) The following special methods of supervision or research are: a) interception of communications or any type of distance communication; b) access to a computer system; c) video surveillance, audio or shooting; d) localization or tracking by technical means; e) obtaining data on a person's financial transactions; f) withholding, handing over or searching postal items; g) the use of undercover investigators and collaborators; h) authorized participation in certain activities; i) supervised delivery; j) obtaining data generated or processed by providers of electronic communications networks or providers of electronic communications services intended for the public, other than the content of the communications, retained by them in the special law on the retention of data generated or processed by providers of electronic communications networks and electronic communications service providers intended for the public. (2) By intercepting communications or any type of communication, it is understood the interception, access, monitoring, collection or recording of communications made by phone, computer system or by any other means of communication. ..................................................................... (9) By obtaining data on the financial transactions of a person, it is understood the operations to ensure the knowledge of the content of financial transactions and other operations carried out or to be carried out by a credit institution or other financial entity, as well as obtaining from a credit institution or other financial entity of documents or information in its possession relating to transactions or a person's operations (10) The use of undercover investigators and collaborators means the use of a person with an identity other than the real one for the purpose of obtaining data and information on the commission of a crime. (11) By authorized participation in certain activities it is understood to commit a similar act to the objective side of a corruption crime, to conduct transactions, operations or any kind of agreements on a good or on a person which is suspected to have disappeared, that it is the victim of human trafficking or abduction, the performance of drug operations, as well as the provision of a service, carried out with the authorization of the competent judicial body, for the purposes of obtaining means of proof. .................................................................... (13) Technical supervision means the use of one of the methods referred to in paragraph 1. ((1) lit. a)-e). " 85. In Article 139, paragraphs 2 and 4 shall be amended and shall read as follows: " (2) Technical supervision may be ordered in the case of crimes against national security provided by the Criminal Code and special laws, as well as in the case of crimes of drug trafficking, arms trafficking, human trafficking, acts of terrorism, money laundering, counterfeiting of coins or other values, of falsification of electronic payment instruments, against heritage, of blackmail, of rape, of deprivation of liberty, of tax evasion, in the case of corruption and corruption offences crimes assimilated to corruption offences, crimes against interests financial instruments of the European Union, of offences committed by computer systems or electronic communications, or in the case of other offences for which the law provides for the prison sentence of 5 years or more. ........................................................................ (4) The report between the lawyer and the person he assists or represents may not be the subject of technical supervision unless there is data that the lawyer commits or prepares the commission of a crime between those provided in par. ((2). If during or after the execution of the measure it follows that the technical supervision activities concerned and the relations between the lawyer and the suspect or the defendant that he defends, the evidence obtained cannot be used within any process criminal, to be destroyed, immediately, by the prosecutor. The judge who ordered the measure is informed, immediately, by the prosecutor. When he appreciates it, the judge orders the lawyer's information. 86. in Article 140, after paragraph 8, a new paragraph (9) is inserted, with the following contents: " (9) At the reasoned request of the injured person, the prosecutor may request the judge to authorise the interception of communications or their registration, as well as any types of communications carried out by it by any means of communication, regardless of the nature of the crime forming the subject Provisions of paragraph ((1)-(8) shall apply accordingly. " 87. In Article 142, paragraph 2 shall be amended and shall read as follows: " (2) Public electronic communications network providers or providers of electronic communications services intended for the public or any type of communication or financial services are obliged to collaborate with the prosecution bodies, with the authorities provided in par. (1), within the limits of their powers, for the implementation of the technical supervision mandate. " 88. After Article 142 a new article is inserted, Article 142 ^ 1, with the following contents: "" Art. 142 142 ^ 1. -(1) Any authorized person carrying out technical supervision activities, based on this law, has the possibility to ensure the electronic signing of the data resulting from the technical supervision activities, using a signature Expanded electronics based on a qualified certificate issued by an accredited certification service provider. (2) Any authorized person who transmits data resulting from the technical supervision activities, based on this law, has the possibility to sign the transmitted data, using an extended electronic signature based on a qualified certificate issued by an accredited certification service provider and which permits the non-ambiguous identification of the authorized person, thus assuming responsibility for the integrity of the transmitted data. (3) Any authorized person who receives data resulting from the technical supervision activities, based on this law, has the possibility to verify the integrity of the data received and to certify this integrity by signing the data, using a extended electronic signature based on a qualified certificate issued by an accredited certification service provider and which permits the non-ambiguous identification of the authorised person. (. Each person certifying the data under the electronic signature shall be responsible for the security and integrity of such data. " 89. In Article 143, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: "" (2 ^ 1) Any authorized person carrying out copies of a computer data storage medium containing the result of technical surveillance activities has the possibility to verify the integrity of the data included in the original support and, after making the copy, sign the data included therein, using an extended electronic signature based on a qualified certificate issued by an accredited certification service provider and allowing the person to be identified unambiguously authorised, thereby taking responsibility for the purposes of the data integrity. " 90. In Article 143, paragraph 4 shall be amended and shall read as follows: " (4) The conversations, communications or conversations intercepted and recorded, which concern the act forming the object of the research or contribute to the identification or location of persons, are rendered by the prosecutor or the criminal investigation body in a report stating the mandate issued for making them, the telephone number numbers, the identification data of the IT systems or the access points, the names of the persons who have made the communications, if they are known, the date and time of each conversation or communication. The minutes are certified for authenticity by the prosecutor. " 91. In Article 144, paragraph 3 shall be amended and shall read as follows: " (3) The total duration of the technical surveillance measures, with regard to the same person and the same deed, may not exceed, in the same case, 6 months, except for the measure of video surveillance, audio or shooting in private spaces, which cannot exceed 120 days. " 92. In Article 146, paragraph 3 shall be amended and shall read as follows: " (3) If in the case the court has delivered a judgment of conviction, of waiving the application of the sentence or postponing the application of the sentence, of acquittal or termination of the criminal proceedings, remaining final, the material support or its copy shall be preserved by archiving with the case file at the court premises, in special places, with the assurance of confidentiality. " 93. Article 148 is amended and shall read as follows: "" Art. 148 Use of undercover or real identity investigators and collaborators ((1) The authorization of the use of undercover investigators may be ordered by the prosecutor who supervises or carries out the prosecution, for a maximum period of 60 days, if: a) there is a reasonable suspicion of the preparation or commission of a crime against national security provided for by the Criminal Code and other special laws, as well as in the case of drug trafficking offences, arms trafficking, trafficking persons, acts of terrorism or assimilated to them, terrorist financing, money laundering, counterfeiting of coins or other values, counterfeiting of electronic payment instruments, blackmail, deprivation of liberty, tax evasion, in the case of corruption offences, crimes assimilated to corruption offences, offences against the financial interests of the European Union, offences committed by computer systems or electronic means of communication or other offences for which the law provides for the prison sentence of 7 years or more or there is a reasonable suspicion that a person is involved in criminal activities related to the crimes listed above; b) the measure is necessary and proportional to the restriction of fundamental rights and freedoms, given the peculiarities of the case, the importance of the information or the evidence to be obtained or the gravity of the c) the evidence or the location and identification of the perpetrator, suspect or defendant could not otherwise be obtained or obtaining them would entail particular difficulties that would prejudice the investigation or there is a danger to the safety of persons or of valuable goods. (2) The measure shall be ordered by the prosecutor, ex officio or at the request of the criminal investigation body, by the ordinance that must include, outside the mentions provided in art. 286 286 para. ((2): a) indication of the activities that the undercover investigator is authorized to carry out; b) the period for which the measure was authorized; c) the identity assigned to the undercover investigator. (3) If the prosecutor considers that it is necessary for the undercover investigator to be able to use technical devices to obtain photos or audio and video recordings, he notifies the judge of rights and freedoms in order to issue the technical supervision mandate. Art. 141 141 shall apply accordingly. (4) The undercover investigators are operational workers of the judicial police. In the case of investigation of crimes against national security and terrorist offences can be used as undercover investigators and operational workers within state bodies carrying out, according to the law, intelligence activities. in order to ensure national security. (5) The undercover investigator collects data and information on the basis of the ordinance issued according to par. ((1)-(3), which it places, in full, at the disposal of the prosecutor who performs or supervises the prosecution, drawing up a minutes. (6) If the conduct of the investigator's activity requires the authorized participation in certain activities, the prosecutor shall proceed according to the provisions of art. 150. (7) The judicial bodies may use or make available to the undercover investigator any documents or objects necessary for carrying out the authorized activity. The activity of the person making available or using the documents or objects does not constitute a crime. (8) Undercover investigators may be heard as witnesses in the criminal proceedings under the same conditions as threatened witnesses. (9) The duration of the measure may be extended for duly justified reasons, if the conditions laid down in par. (1), each extension not exceeding 60 days. The total duration of the measure, in the same case and with regard to the same person, cannot exceed one year, except for crimes against life, national security, drug trafficking offences, arms trafficking, human trafficking, acts of terrorism, money laundering as well as crimes against the financial interests of the European Union. (10) In exceptional circumstances, if the conditions laid down in par. (1), and the use of the undercover investigator is not sufficient to obtain data or information or is not possible, the prosecutor who supervises or carries out the prosecution may authorize the use of a collaborator, to whom he may be assigned a different identity than the real one. Provisions of paragraph ((2)-(3) and (5)-(9) shall apply accordingly. " 94. Article 149 is amended and shall read as follows: "" Art. 149 Measures to protect undercover investigators and collaborators (1) The real identity of undercover investigators and collaborators with a different identity than the real one cannot be disclosed. (2) The prosecutor, the judge of rights and freedoms, the preliminary chamber judge or the court has the right to know the true identity of the undercover investigator and the collaborator, in compliance with the professional secrecy. (3) The undercover investigator, the collaborator, the informant, as well as their family members or other persons subject to threats, intimidation or acts of violence, in connection with the work carried out by the undercover investigator, informant or collaborator, may benefit from specific witness protection measures, according to the law. " 95. Article 150 is amended and shall read as follows: "" Art. 150 Authorised participation in certain activities (1) Participation authorized in certain activities under the conditions of art. 138 138 para. ((11) may be ordered by the prosecutor who supervises or carries out the prosecution, for a period of maximum 60 days, if: a) there is a reasonable suspicion of the preparation or commission of a drug trafficking crime, arms trafficking, human trafficking, acts of terrorism, money laundering, counterfeiting of coins or other values, blackmail, deprivation of liberty, tax evasion, in the case of corruption offences, offences assimilated to corruption offences and offences against the financial interests of the European Union or in the case of other offences for which the law provides for punishment prison 7 years or more times if there is a reasonable suspicion that a person is involved in criminal activities that are related, according to art. 43, with the offences listed above; b) the measure is necessary and proportional to the restriction of fundamental rights and freedoms, given the peculiarities of the case, the importance of the information or the evidence to be obtained or the gravity of the c) the evidence could not be obtained in another way or obtaining them would entail particular difficulties that would harm the investigation or a danger to the safety of persons or valuable goods. (2) The measure shall be ordered by the prosecutor, ex officio or at the request of the criminal investigation body, by the ordinance that must include, outside the mentions provided in art. 286 286 para. ((2): a) indication of authorized activities; b) the period for which the measure was authorized; c) person carrying out the authorized activities. (3) The authorized activities may be carried out by a criminal investigation body, by an investigator with real identity, by an undercover investigator or by a collaborator. (4) Conduct of activities authorized by the person referred to in par. ((2) lit. c) does not constitute contravention or offence. ((5) The execution of these measures shall be recorded in a report containing: the data to which the measure began and ended, data on the persons who carried out the authorized activities, the description of the technical devices used if authorized by the judge of rights and freedoms, the use of technical means of supervision, the identity of persons with regard to which the measure was implemented. (6) The person who carried out the authorized activities can be heard as a witness in the criminal proceedings, in compliance with the provisions on the hearing of threatened witnesses, if the judicial body considers that the hearing is necessary. (7) The judicial bodies may use or make available to the person who carries out the authorized activities any documents or objects necessary for carrying out the authorized activity. The person who makes available or uses the documents or objects will not commit a crime by carrying out these activities, if they constitute crimes. (8) The measure ordered may be extended by the prosecutor, for duly justified reasons, if the conditions provided in par. (1), each extension not exceeding 60 days. (9) The total duration of the measure, with regard to the same person and the same deed, shall not exceed one year. " 96. in Article 151, point c) of paragraph 3 and paragraph 8 shall be amended and shall read as follows: " c) ensure that the prosecutor, police or other competent state authorities are notified of the outcome of the prosecution against persons accused of offences which were the subject of the special method of research referred to in paragraph 1. ((1). ........................................................................... (8) The bodies referred to in par. (6) have the obligation to draw up, upon completion of the supervised delivery on the territory of Romania, a report on the activities carried out, which they submit to the prosecutor. " 97. Article 152 is amended and shall read as follows: "" Art. 152 Obtaining data generated or processed by providers of electronic communications networks or providers of electronic communications services intended for the public, other than the content of communications, and retained by them (1) The prosecution bodies, with the prior authorization of the judge of rights and freedoms, may request a provider of public electronic communications networks or a provider of electronic communications services intended for the public the transmission of retained data, under the special law on the retention of data generated or processed by electronic communications network providers and electronic communications service providers intended for the public, other than the content of the communications, where there is reasonable suspicion of to commit a crime and there are grounds to believe that the requested data constitutes evidence, for the categories of offences provided by the law on the retention of data generated or processed by public network providers of electronic communications and electronic communications service providers for the public. (2) The judge of rights and freedoms shall rule within 48 hours on the request of the criminal prosecution bodies for the transmission of the data, by reasoned conclusion, in the council chamber. ((3) The providers of electronic communications networks and providers of electronic communications services to the public who collaborate with the prosecution bodies are required to keep the operation secret. " 98. Article 153 is amended and shall read as follows: "" Art. 153 Obtaining data on a person's financial situation (1) The prosecutor may request, with the prior consent of the judge of rights and freedoms, to a credit institution or to any other institution holding data on the financial situation of a person communicating the data on existence and the content of the accounts and other financial statements of a person where there are strong indications of the commission of a crime and there are grounds for believing that the data requested is evidence. (2) The measure provided in par. (1) shall be ordered ex officio or at the request of the criminal investigation body, by order that must include, outside the mentions provided in art. 286 286 para. (2): the institution that is in possession or that has under control the data, the name of the suspect or defendant, the motivation to meet the conditions provided in par. (1), mentioning the obligation of the institution to communicate immediately, under conditions of confidentiality, the data requested. (3) The institution provided in par. ((1) it is obliged to make the requested data available immediately. " 99. The name of Chapter V of Title IV of the General Partions shall be amended and shall read as follows: "" CHAPTER V Preservation of computer data " 100. Article 154 is amended and shall read as follows: "" Art. 154 Preservation of information (1) If there is reasonable suspicion of the preparation or commission of a crime, for the purpose of gathering evidence or identifying the perpetrator, suspect or defendant, the prosecutor supervising or carrying out the prosecution may order the immediate preservation of certain computer data, including information on information traffic, which has been stored by means of a computer system and which is in the possession or under the control of a network provider public electronic communications or a communications service provider electronic intended for the public, where there is a danger of losing or modifying them. (2) The preservation shall be ordered by the prosecutor, ex officio or at the request of the criminal investigation body, for a maximum period of 60 days, by the ordinance that must include, outside the mentions provided in art. 286 286 para. ((2): providers of electronic communications networks or providers of electronic communications services intended for the public in possession of which the computer data are or which have them under control, the name of the perpetrator, suspect or the defendant, if known, the description of the data to be preserved, the motivation to meet the conditions provided in par. ((1), the duration for which it was issued, the mention of the obligation of the person or providers of electronic communications networks or electronic communications service providers intended for the public to immediately preserve computer data indicated and maintain their integrity, under conditions of confidentiality. (3) The measure of conservation may be extended, for duly justified reasons, by the prosecutor, only once, for a maximum period of 30 days. (4) The prosecutor's order shall be transmitted, immediately, to any provider of public electronic communications networks or provider of electronic communications services intended for the public in possession of which the data provided in par. (1) or which has them under control, which is obliged to preserve them immediately, under conditions of confidentiality. (5) Where data relating to information traffic is in the possession of several providers of electronic communications networks or providers of publicly available electronic communications services, the supplier in possession or under the control of which the computer data is located has the obligation to immediately make available to the prosecution body the information necessary to identify the other suppliers, in order to know all the elements in the communication chain Used. (6) Within the period provided in par. (2) and (3), the prosecutor who supervises or carries out the prosecution may, with the prior authorization of the judge of rights and freedoms, request a provider of public electronic communications networks or a service provider of electronic communications intended for the public to transmit the data preserved according to the law or can order the Art. 170 170 para. ((2 ^ 1)-(2 ^ 5), para. ((4) and (5) and art. 171 171 shall apply accordingly. (7) The judge of rights and freedoms shall rule within 48 hours on the request of the criminal prosecution bodies for the transmission of the data, by reasoned conclusion, in the council chamber. (8) Until the end of the prosecution, the prosecutor is obliged to collect, in writing, the persons to whom the prosecution is carried out and whose data have been preserved. " 101. Article 155 is repealed. 102. The name of Chapter VI of Title IV of the General Partions shall be amended and shall read as follows: "" CHAPTER VI Search and pick up of objects and documents " 103. Article 157 is amended and shall read as follows: "" Art. 157 Cases and conditions under which the house search may be ordered (1) The search for domicile or property in domicile may be ordered if there is a reasonable suspicion of a crime by a person or the possession of objects or documents related to a criminal offence. and it is alleged that the search can lead to the discovery and collection of evidence on this crime, the preservation of the traces of the crime or the apprehension of the suspect or the defendant. (2) The domicile means a dwelling or any space delimited in any way that belongs to or is used by a natural or legal person. " 104. In Article 158, points (b) and (d) of paragraph 2, point i) of paragraph 7 and paragraph 8 shall be amended and shall read as follows: " b) indication of evidence or data resulting from reasonable suspicion of the commission of a crime or of the possession of objects or documents related to a crime; ............................................................................. d) the name, surname and, if necessary, the description of the suspect or defendant who is suspected to be in the place where the search is carried out, as well as the indication of the traces of the crime or other objects assumes that it exists in the place to be searched. ............................................................................. i) description of the perpetrator, suspect or defendant who is suspected to be in the place where the search is carried out, indication of the traces of the crime or other objects alleged to exist in the place to be be searched; ............................................................................. (8) If the judge of rights and freedoms considers that the conditions provided for in art. 157, orders, by conclusion, the rejection of the request for carrying out the house search. " 105. In Article 159, paragraph 10 is amended and shall read as follows: "(10) Also, the person searched will be allowed to be assisted or represented by a trusted person." 106. In Article 159 (14), point c) is amended and shall read as follows: "c) if there is a suspicion that the person sought might evade the procedure." 107. In Article 162, paragraphs 4 and 5 shall be amended and shall read as follows: "" (4) Objects not related to the case shall be returned to the person to whom they belong, except those who are subject to confiscation, under the law. ((5) The objects serving as a means of proof, if not subject to confiscation, under the law, may be returned, even before the final settlement of the trial, to the person to whom they belong, unless by such restitution would be could embarrass the truth. The prosecution body or the court shall consider the person to whom the objects have been returned that he is obliged to keep them until the final settlement of the case. " 108. In Article 168, the marginal name is amended and shall read as follows: "Computer search" 109. In Article 168, paragraph 2, point f) of paragraph 6, paragraphs 8, 11 and 12, point a) of paragraph 13 shall be amended and a new paragraph (16) is inserted after paragraph 15 as follows: " (2) In the course of the prosecution, the judge of rights and freedoms at the court of which would return the jurisdiction to judge the case in the first instance or from the appropriate court in its degree in whose constituency the seat of the prosecutor's office is located of which the prosecutor who performs or supervises the prosecution can order a computer search, at the request of the prosecutor, when for the discovery and collection of evidence it is necessary to research a system computer or computer data storage media. .............................................................................. f) the computer system or the computer data storage medium to be searched, as well as the name of the suspect or defendant, if known; .............................................................................. (8) If, on the occasion of the search for a computer system or a computer data storage medium, it is found that the requested computer data is contained in another computer system or data storage support. computer and are accessible from the original system or support, the prosecutor immediately orders the preservation, copying the identified computer data and urgently requests the completion of the mandate, the provisions of par. ((1)-(7) by applying accordingly. .............................................................................. (11) The search in computer system or a computer data storage medium shall be carried out in the presence of the suspect or the defendant, the provisions of art. 159 159 para. ((10) and (11) by applying accordingly. (12) The search in computer system or of a computer data storage medium shall be carried out by a specialist operating within the judicial or outside bodies, in the presence of the prosecutor or the criminal investigation body. .............................................................................. a) the name of the person from whom the computer system was raised or the computer data storage media or the name of the person whose computer system is being investigated; .............................................................................. (16) In the course of the judgment, the computer search shall be ordered by the court, ex officio or at the request of the prosecutor, the parties or the injured person, in the cases provided in par. ((2). The mandate to carry out the computer search ordered by the court is communicated to the prosecutor, who proceeds according to par. ((8)-(15). ' 110. After Article 168, a new section, section 3, is inserted with the following name: " SECTION 3 Lifting of objects and documents " 111. In Article 170, paragraph 1 is amended and shall read as follows: "" Art. 170. -(1) If there is reasonable suspicion of the preparation or commission of a crime and are grounds to believe that an object or inscription may serve as a means of evidence in question, the prosecuting body or the court of the judgment may order the natural or legal person in possession of whom they are to present and surrender them, under the proof of proof. " 112. In Article 170, paragraph 2 is amended and shall read as follows: " (2) Also, under the conditions of par. (1), the prosecuting body or the court may order that: a) any natural or legal person on the territory of Romania to communicate certain computer data in his possession or under his control, which are stored in a computer system or on a computer data storage medium; b) any provider of electronic communications networks or electronic communications service provider intended for the public to communicate certain data relating to subscribers, users and services rendered, in possession or under control or, other than the content of the communications and than those provided for in 138 138 para. ((1) lit. j). " 113. In Article 170, after paragraph 2, five new paragraphs are inserted, paragraphs 2 ^ 1 to 2 ^ 5, with the following contents: " (2 ^ 1) Natural or legal persons, including providers of public electronic communications networks or providers of electronic communications services intended for the public, have the possibility to ensure the signing of the data requested under par. ((2), using an extended electronic signature based on a qualified certificate issued by an accredited certification service provider. (2 ^ 2) Any authorized person who transmits data requested under par. ((2) has the possibility to sign the data transmitted using an extended electronic signature based on a qualified certificate issued by an accredited certification service provider and which allows the non-ambiguous identification of the authorized person, this thus taking responsibility in relation to the integrity of the data transmitted. ((2 ^ 3) Any authorized person receiving data requested under par. (2) has the possibility to verify the integrity of the data received and to certify this integrity by signing the data, using an extended electronic signature based on a qualified certificate issued by a certification service provider accredited and which allows the non-ambiguous identification of the authorized person. (2 ^ 4) Each person certifying the data under the electronic signature shall be responsible for the integrity and security of such data. (2 ^ 5) Application of the provisions of para. (2 ^ 1)-(2 ^ 4) shall be done in compliance with the procedures established by the methodological norms for the application of this law. " 114. Article 170 (3) shall be repealed. 115. The name of Chapter VII of Title IV of the General Partions shall be amended and shall read as follows: "" CHAPTER VII Expertise and finding " 116. Article 172 is amended and shall read as follows: "" Art. 172 Arrangement of the expertise or finding (1) The performance of an expertise is available when for the finding, clarification or evaluation of facts or circumstances that present the importance for finding the truth in question is necessary and the opinion of an expert. (2) The expertise is ordered, under the conditions of art. 100, on request or ex officio, by the prosecution body, by reasoned order, and in the course of the judgment is ordered by the court, by reasoned conclusion. (3) The application for expertise must be made in writing, indicating the facts and circumstances subject to the assessment and the objectives to be clarified by the expert. ((4) The expertise may be carried out by official experts from laboratories or specialized institutions or by independent experts authorized from the country or abroad, under the law. (5) Expertise and forensic examination shall be carried out within the forensic institutions. (6) The order of the prosecution body or the conclusion of the court ordering the conduct of the expertise must indicate the facts or circumstances that the expert must find, clarify and assess, the objectives to which the must respond, the time within which the expertise must be carried out, and the institution or experts appointed. (7) In the strictly specialized areas, if certain specific knowledge or other such knowledge is necessary for the understanding of the evidence, the court or the prosecution body may request the opinion of specialists operating within the judicial or non-judicial bodies. The provisions relative to the hearing of the witness shall be duly applicable. (8) In carrying out the expertise, authorized independent experts, appointed at the request of the main processing parties or subjects, may participate. (9) When there is a danger of disappearance of some means of proof or of changing situations in fact or it is necessary to urgently clarify facts or circumstances of the case, the prosecution body may order by order to carry out a Findings. ((10) The finding is carried out by a specialist operating within or outside the judicial bodies. (11) The forensic certificate has the value of a finding report. ((12) After completion of the finding report, when the judicial body considers that an expert's opinion is necessary or when the findings of the finding report are contested, an expertise shall be made. " 117. In Article 173, paragraph 2 is amended and shall read as follows: " (2) The prosecution body or the court shall, as a rule, designate a single expert, except in situations where, as a result of the complexity of the expertise, specialized knowledge of distinct disciplines is required, in which case it designates two or more experts. " 118. Article 174 (3) shall be repealed. 119. In Article 178 (4), point b) is amended and shall read as follows: " b) the expositive part by which the operations to carry out the expertise, methods, programmes and equipment used are described; ' 120. After Article 181, a new article, Article 181 ^ 1, is inserted as follows: "" Art. 181 181 ^ 1 Subject matter of the finding and finding report (1) The prosecution body shall determine by order the object of the finding, the questions to which the specialist must answer and the deadline in which the work is to be carried out. (. The report shall include the description of the operations carried out by the specialist, the methods, programmes and equipment used and the conclusions of the finding. " 121. In Article 184, paragraphs 1, 3, 14 and 16 shall be amended and shall read as follows: "" Art. 184. --(1) In the case of offences committed by minors aged 14 to 16, in the case of the murder or injury of the newborn child or the fetus by the mother, as well as when the prosecuting body or the court has a doubt on the discernment of the suspect or defendant at the time of the crime that is the subject of the accusation, it is ordered to carry out a psychiatric forensic expertise, while establishing the term of presentation for examination. ............................................................................ (3) The psychiatric forensic expertise shall be carried out after obtaining the written consent of the person to be subjected to the expertise, expressed, in the presence of an elected or ex officio lawyer, in front of the judicial body, and in the case of the minor, and in the presence of the legal protector. ........................................................................... (14) Against the conclusion of the judge of rights and freedoms can be appealed to the judge of rights and freedoms from the superior hierarchical court by the suspect, defendant or prosecutor within 24 hours of the ruling. The appeal against the conclusion by which the non-volatile admission is ordered does not suspend the execution. ........................................................................... (16) In order to resolve the appeal made by the prosecutor, the judge of the superior hierarchical court orders the summoning of the suspect or defendant. The participation of the lawyer elected or appointed ex officio of the suspect or defendant is mandatory. " 122. Article 185 (8), letter e) is amended and shall read as follows: "" e) the results of laboratory investigations carried out on biological samples taken from the corpse and of the suspected substances discovered; ' 123. In Article 188, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 188. -(1) If there is a suspicion of the occurrence of intoxication, a toxicological expertise shall be ordered. (2) Products considered suspected to have determined intoxication are sent to the forensic institution or to another specialized institution. " 124. Article 189 (3) is amended and shall read as follows: " (3) The finding of traumatic injuries is usually performed by a physical examination. If physical examination is not possible or necessary, the expertise shall be carried out on the basis of the medical documentation provided to the expert. " 125. In Article 190, paragraphs 1, 5 and 7-(10) are amended and shall read as follows: "" Art. 190. -(1) The physical examination of a person involves the external and internal examination of the body, as well as the sampling of biological samples. The prosecution body must request, in advance, the written consent of the person to be examined. In the case of persons deprived of exercise capacity, consent to physical examination is requested by the legal representative, and in the case of those with restricted exercise capacity, their written consent must be expressed in the presence Legal rotors. ........................................................................... (5) If the person examined expresses his consent in writing or if there is an emergency, and obtaining the authorization of the judge under the conditions of par. (4) would lead to a substantial delay of investigations, to the loss, alteration or destruction of evidence, the prosecution body may order, by ordinance, the conduct of physical examination. The order of the criminal prosecution body, as well as the minutes in which the activities carried out on the occasion of the physical examination are recorded are immediately submitted to the judge of rights and freedoms. If the judge finds that the conditions provided in par. (2), it has, by reasoned conclusion, the validation of the physical examination carried out by the prosecution bodies. Violation by the prosecution bodies of the conditions provided in par. (2) attract the exclusion of samples obtained by physical examination. ........................................................................... (7) The internal physical examination of a person's body or the collection of biological samples must be carried out by a doctor, nurse or a person with specialized medical training, in compliance with private life and human dignity. The internal physical examination of the minor who has not turned 14 can be done in the presence of one of the parents, at the request of the parent. The collection through non-invasive methods of biological samples in order to carry out the judicial genetic expertise can also be carried out by the specialized personnel of the Romanian Police. (8) In the case of the driving of a vehicle by a person under the influence of alcoholic beverages or other substances, the collection of biological samples shall be made available to the finding bodies and with the consent of the one subject to examination, to a doctor, nurse or a person with specialized medical training, as soon as possible, in a medical institution, under the conditions established by the special laws. ((9) The activities carried out on the occasion of the physical examination are recorded by the prosecution bodies in a report that must include: the name and surname of the criminal prosecution body that concludes it, the ordinance or the conclusion by which it was ordered the measure, the place where it was concluded, the date, the time at which the activity began and the time at which the activity was completed, the name and surname of the person examined, the nature of the physical examination, the description of the activities carried out physical examination. (10) The results obtained from the analysis of biological samples may also be used in another criminal case, if they serve to find the truth. " 126. In Article 191, paragraphs 1, 3 and 4 are amended and shall read as follows: "" Art. 191. -(1) Judicial genetic expertise may be ordered by the prosecution body, by order, in the course of criminal prosecution, or by the court, by conclusion, in the course of judgment, on biological samples collected from persons or any other evidence that has been found or raised. .......................................................................... (3) Biological samples collected on the occasion of body examination can only be used to identify the genetic genetic profile. (4) The genetic genetic profile obtained under par. (3) may also be used in another criminal case, if it serves to find the truth. " 127. In Article 192, the marginal name and paragraph 1 shall be amended and shall read as follows: "" Art. 192 On-site research (1) The on-site research shall be ordered by the prosecuting body, and in the course of adjudication by the court, when the direct finding is necessary for the purpose of determining or clarifying some factual circumstances. presents the importance for establishing the truth, as well as whenever there are suspicions about the death of a person. " 128. In Article 193, paragraphs 2 and 3 shall be amended and shall read as follows: " (2) The judicial bodies shall proceed to the reconstitution of the activities or situations, in view of the circumstances in which the act took place, on the basis of the evidence administered. If the statements of the witnesses, the parties or the main procedural subjects with regard to the activities or situations to be reconstituted are different, the reconstitution must be carried out separately for each variant of the the conduct described by them. (3) When the suspect or defendant is in any of the situations provided in art. 90, the reconstitution is made in its presence, assisted by the defender. When the suspect or the defendant cannot or refuses to participate in the reconstitution, it shall be carried out with the participation of another person. " 129. In Article 194, the marginal name is amended and shall read as follows: "" The presence of other persons in on-site research and reconstitution " 130. In Article 195, the marginal name and the introductory part of paragraph 1 shall be amended and shall read as follows: "" Art. 195 The minutes of on-site research or reconstitution (1) A minutes shall be concluded, in addition to the particulars provided for in art, of the conduct of the on-site research or of the reconstitution. 199 199, the following: ". 131. In Article 196, paragraph 3 is amended and shall read as follows: " (3) If it is necessary to identify fingerprints that have been found on certain objects or persons who may be put in connection with the act or the place of the act, the prosecution bodies may order the fingerprinting of persons about whom it is assumed that they came into contact with those objects, namely the shooting of those who were alleged to have been in touch with the act committed or were present at the scene. " 132. In Article 198, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 198. --(1) The entries may serve as means of proof, if, of their content, facts or circumstances of a nature may contribute to the finding of the truth. (2) The minutes comprising the personal findings of the prosecution body or the court is a means of proof. Minutes prepared by the bodies referred to in art. 61 61 para. ((1) lit. a)-c) constitute acts of complaint of the prosecution body and do not have the value of specialized findings in the criminal proceedings. " 133. In Article 203, paragraphs 2 and 5 shall be amended and shall read as follows: " (2) Preventive measures provided for in art. 202 202 para. ((4) lit. b) and c) may be taken towards the defendant, in the course of the prosecution, by the prosecutor and by the judge of rights and freedoms, in the preliminary chamber procedure, by the preliminary chamber judge, and in the course of the judgment, by the court. ......................................................................... (5) In the course of the criminal investigation and the preliminary chamber procedure, the requests, proposals, complaints and appeals regarding preventive measures shall be settled in the council chamber, by reasoned conclusion, which shall be pronounced in the chamber of council. " 134. Article 204 (1), (2), (6), (11) and (12) shall be amended and shall read as follows: "" Art. 204. -(1) Against the terminations by which the judge of rights and freedoms has on preventive measures, the defendant and the prosecutor can appeal, within 48 hours of the ruling or, as the case may be, from the communication. The appeal is filed with the judge of rights and freedoms who pronounced the conclusion appealed and shall be submitted, together with the case file, to the judge of rights and freedoms of the superior hierarchical court, within 48 hours of registration. (2) Appeals against the terminations by which the Judge of Rights and Freedoms of the High Court of Cassation and Justice has on preventive measures shall be resolved by a panel composed of judges of rights and freedoms of the High The Court of Cassation and Justice, the provisions of this Article shall apply accordingly. ........................................................................... (6) In order to resolve the appeal, the defendant is quoted. .......................................................................... (11) If the conditions provided by law are met, it may be ordered to take one of the preventive measures provided for in art. 202 202 para. ((4) lit. b)-d) or increase of the amount of bail. (12) In case of admission of the appeal made by the defendant against the conclusion by which the preventive arrest measure was ordered to be taken or extended, it may be ordered, under the conditions provided by law, to reject the proposal for of the preventive measure or, where appropriate, its replacement by another easier preventive measure and, where appropriate, the immediate release of the defendant, if he is not arrested in another case. ' 135. In Article 205, paragraphs 2, 6 and 10 shall be amended and shall read as follows: " (2) Appeals against the terminations by which the preliminary chamber judge of the High Court of Cassation and Justice has in the proceedings of the preliminary chamber on preventive measures shall be settled by another complete of the same court, under the law. ........................................................................ (6) In order to resolve the appeal, the defendant is quoted. ........................................................................ (10) If the conditions provided by law are met, with the resolution of the appeal it may be ordered to take one of the preventive measures provided for in art. 202 202 para. ((4) lit. b)-d) or increase the amount of bail. " 136. Article 206 (7) is amended and shall read as follows: " (7) If the conditions provided by law are met, the court may order the taking of one of the preventive measures provided for in art. 202 202 para. ((4) lit. b)-d) or increase the amount of bail. " 137. Article 209 (4) is amended and shall read as follows: " (4) If the suspect or defendant was brought before the criminal investigation body or the prosecutor to be heard, on the basis of a legally issued warrant, within the deadline provided in par. (3) does not include the period as long as the suspect or the defendant was under the power of that mandate. " 138. In Article 209, a new paragraph (17) is inserted after paragraph 16, with the following contents: " (17) The detained person shall be communicated, under the signature, in writing, the rights provided for in art. 83, in art. 210 210 para. ((1) and (2), the right of access to emergency care, the maximum duration for which the detention measure may be ordered, as well as the right to complain against the measure ordered, and if the detained person cannot or refuses to sign, a minutes will be concluded. " 139. In Article 210, paragraph 2 is amended and shall read as follows: " (2) If the detained person is not a Romanian citizen, he also has the right to collect or request the knowledge of the diplomatic mission or consular office of the state whose citizen is or, as the case may be, an international organization humanitarian, if it does not wish to benefit from the assistance of the authorities of its home country, or of the representative of the competent international organization, if it is a refugee or, for any other reason, is under the protection of such an organization. The General Inspectorate for Immigration is informed in all situations about the disposition of the preventive measure towards this category of persons. " 140. Article 210 (4) shall be repealed. 141. In Article 210, paragraph 6 is amended and shall read as follows: "(6) Exceptionally, for thorough reasons, the knowledge may be delayed for no more than 4 hours." 142. Article 212 is amended and shall read as follows: "" Art. 212 Judicial review of the judicial review (1) The prosecutor orders the citation of the defendant in a state of freedom or bringing the defendant in a state of detention. (2) The defendant present shall be notified, immediately, in the language he understands, the offence of which he is suspected and the reasons for taking the measure of judicial review. (3) The measure of judicial review can be taken only after hearing the defendant, in the presence of the chosen lawyer or appointed ex officio Art. 209 209 para. ((6)-(9) shall apply accordingly. (4) The prosecutor shall have the measure of judicial review by reasoned order, which shall be communicated to the defendant. 143. Article 213 is amended and shall read as follows: "" Art. 213 The appeal against the judicial review measure ordered by the prosecutor (1) Against the prosecutor's order by which the measure of judicial review was taken, within 48 hours of communication, the defendant can complain to the judge of rights and freedoms at the court of which he would return the jurisdiction to judge. cause after all. (2) The judge of rights and freedoms referred to under par. (1) fixes the term of settlement in the council chamber and orders the citation of the defendant. (3) The failure of the defendant does not prevent the judge of rights and freedoms from ordering the measure taken by the prosecutor. (4) The judge of rights and freedoms listens to the defendant when he is present. (5) Legal assistance of the defendant and the participation of the prosecutor are mandatory. (6) The judge of rights and freedoms may revoke the measure, if the legal provisions governing the conditions of its making have been violated. ((7) The case file shall be returned to the prosecutor within 48 hours of the conclusion. " 144. In Article 215 (2), point d) is amended and shall read as follows: " d) not to return to the family home, not to approach the injured person or its family members, other participants in the commission of the crime, witnesses or experts or other persons specifically designated by the judicial body and not to communicate with them directly or indirectly, by no means; " 145. Article 215 (5) and (7) to (9) shall be amended and shall read as follows: " (5) If, within the obligation provided in par. ((2) lit. a), the defendant was required to leave the country or a certain locality, a copy of the prosecutor's order or, as the case may be, the conclusion is communicated, on the day of issue of the ordinance or the delivery of the conclusion, to the defendant, to the police unit in whose constituency he lives, as well as the one in whose constituency he is banned from being, the Community public service of record of persons, the Romanian Border Police and the General Inspectorate for Immigration, in the situation of the one who is not a Romanian citizen, in order to ensure compliance with the his obligation. The bodies in law have the defendant's giving in the consign at the border crossing points. ............................................................................ (7) If, for the duration of the judicial review measure, the defendant violates, in bad faith, his obligations or there is reasonable suspicion that he intentionally committed a new crime for which he was ordered to be set in motion. criminal action against him, the judge of rights and freedoms, the judge of the preliminary chamber or the court, at the request of the prosecutor or ex officio, may order the replacement of this measure with the measure of house arrest or preventive arrest, under the conditions provided by law. (8) In the course of the criminal investigation, the prosecutor who took the measure may order, ex officio or at the reasoned request of the defendant, by order, the imposition of new obligations for the defendant or the replacement or termination of those initially ordered, if Thorough reasons justifying this, after hearing the defendant. ((9) Provisions of para. (8) shall also be applied accordingly in the preliminary chamber procedure or in the course of the judgment, when the judge of the preliminary chamber or the court orders, by conclusion, at the reasoned request of the prosecutor or the defendant or from Office, after hearing the defendant. " 146. In Article 215, paragraphs 10 to 15 are repealed. 147. In Article 216, paragraph 2 is amended and shall read as follows: " (2) The preliminary chamber judge, in the preliminary chamber procedure, or the court, in the course of the judgment, may order the measure of judicial control on bail to the defendant, if the conditions provided in par. ((1). ' 148. Article 217 is amended and shall read as follows: "" Art. 217 Content of bail (1) The connection of bail shall be made in the name of the defendant, by depositing a sum of money determined at the disposal of the judicial body or by establishing a real security, securities or real estate, within the limit of a determined amount of money, in the same judicial organ. (2) The amount of bail is at least 1,000 lei and is determined in relation to the seriousness of the accusation against the defendant, the material situation and its legal obligations. (3) During the measure period, the defendant must comply with the obligations provided in art. 215 215 para. ((1) and may be required to comply with one or more of the obligations provided for in art. 215 215 para. ((2). Art. 215 215 para. ((3)-(9) shall apply accordingly. (4) Cautiunea guarantees the participation of the defendant in the criminal proceedings and his compliance with the obligations provided in par. ((3). (5) The court orders the confiscation of bail by decision, if the measure of judicial review on bail has been replaced by the measure of house arrest or preventive arrest, for the reasons provided in par. ((9). (6) In the other cases, the court, by decision, orders the refund of bail. ((7) Provisions of para. ((5) and (6) shall apply insofar as the payment of bail has not been ordered, in the following order, of the monetary compensation granted for the repair of damages caused by the crime, judicial expenses or fine. (8) If it has a non-arraignment solution, the prosecutor also orders the refund of the bail. (9) If, for the duration of the judicial review measure on bail, the defendant violates, in bad faith, his obligations or there is reasonable suspicion that he intentionally committed a new offence for which he was ordered to be released. motion of criminal action against him, the judge of rights and freedoms, the judge of the preliminary chamber or the court, at the reasoned request of the prosecutor or ex officio, may order the replacement of this measure with the measure of arrest at domicile or preventive arrest, under the conditions provided by law. " 149. In Article 218, a new paragraph (4) is inserted after paragraph 3, with the following contents: " (4) The person against whom the measure of house arrest was ordered shall be communicated, under the signature, in writing, the rights provided in art. 83, the right provided in art. 210 210 para. (1) and (2), the right of access to emergency care, the right to challenge the measure and the right to request the revocation or replacement of this measure with another preventive measure, and if the person cannot or refuses to sign, it will conclude a minutes. " 150. In Article 220, paragraph 2 is amended and shall read as follows: " (2) The judge of the preliminary chamber or the court, notified according to par. (1), orders the citation of the defendant. The hearing of the defendant shall be binding if he or she is present at the time 151. In Article 220, a new paragraph (4) is inserted after paragraph 3, with the following contents: " (4) Provisions art. 219 219 para. ((4), (7) and (9) shall apply accordingly. '; 152. Article 221 (b) of paragraph 2 and paragraph 7 shall be amended and shall read as follows: " b) not to communicate with the injured person or their family members, with other participants in the commission of the crime, with witnesses or experts, as well as with other persons established by the judicial body. ......................................................................... (7) In urgent cases, for good reasons, the defendant may leave the property, without the permission of the judge of rights and freedoms, of the preliminary chamber judge or the court, for the length of time strictly necessary, informing immediately about this institution, the body or the authority designated with its supervision and the judicial body that took the measure of house arrest or before which the case is located. " 153. In Article 222, a new paragraph (11) is inserted after paragraph 10, with the following contents: " (11) Provisions art. 219 219 para. ((4)-(6) shall apply accordingly. " 154. In Article 227, a new paragraph (3) is inserted after paragraph 2, with the following contents: " (3) Provisions art. 215 215 para. ((9) shall apply accordingly. '; 155. Article 228 is amended and shall read as follows: "" Art. 228 The knowledge about the pre-trial detention and the place of possession of the defendant remanded in custody (1) After taking the measure, the defendant shall be notified, immediately, in the language he understands, the reasons for which the preventive arrest was ordered. (2) The person against whom the measure of preventive arrest was ordered shall be communicated, under the signature, in writing, the rights provided in art. 83, the right provided in art. 210 210 para. ((1) and (2), as well as the right of access to emergency care, the right to challenge the measure and the right to request revocation or replacement of arrest with another preventive measure, and if they cannot or refuse to sign, it will End a minutes. (3) Immediately after taking the measure of preventive arrest, the judge of rights and freedoms from the first instance or the superior hierarchical court, who ordered the measure, incunostinteaza about this one member of the defendant's family or another the person designated by him. Art. 210 210 para. ((2) shall apply accordingly. Making the incunostintation is recorded in a minutes. (4) Ended after its introduction to a holding place, the defendant has the right to collect personally or to request the administration of the place to collect the persons referred to in par. ((3) about the place where he is held. (5) Provisions of para. ((4) shall also apply in the event of a subsequent change of ownership immediately after the change has occurred. (6) The administration of the holding place has the obligation to inform the defendant in custody of the provisions of par. ((2)-(5), as well as to record in a minutes the way in which the knowledge was carried out. (7) The defendant arrested preemptively cannot be denied the exercise of the right to make personal knowledge only for thorough reasons, which are recorded in the minutes drawn up according to par. ((6). ' 156. In Article 230, a new paragraph (4 ^ 1) is inserted after paragraph 4, with the following contents: "(4 ^ 1) The arrest warrant may be transmitted to the police bodies and by fax, electronic mail or by any means able to produce a written document in conditions that allows the receiving authorities to establish its authenticity." 157. Article 231 is amended and shall read as follows: "" Art. 231 Execution of the preventive arrest warrant issued in the absence of defendant (1) When the measure of preventive arrest was ordered in the absence of the defendant, two original copies of the issued mandate shall be submitted to the police body at the defendant's domicile or residence for execution. If the defendant does not have his domicile or residence in Romania, the specimens shall be submitted to the police body in the territorial area of which the court of law is located. (2) The arrest warrant may be transmitted to the police body and by fax, electronic mail or by any means able to produce a written document in conditions that allows the receiving authorities to establish its authenticity. (3) If the arrest warrant contains material errors, but allows the identification of the person and the determination of the measure ordered in relation to the identification data of the person existing in the records of the police bodies and the court's decision of the judgment, the police body executes the measure, while asking the court for the correction of the material errors noticed. (4) The police body shall proceed to the arrest of the person shown in the mandate, to whom he teaches a copy of it, in one of the forms provided in par. ((1) or (2), after which he leads it in no more than 24 hours to the judge of rights and freedoms who ordered the measure of preventive arrest or, as the case may be, to the preliminary chamber judge or the panel to which the case file is to be resolved. (5) In order to execute the preventive arrest warrant, the police body may enter the domicile or residence of any natural person, without invoking it, as well as in the premises of any legal person, without invoking the representative legally of the latter, if there are thorough indications from which reasonable suspicion that the person in office is located in the respective domicile or residence. (6) If the preventive arrest of the defendant was ordered in absentia due to the state of health, due to force majeure or state of necessity, the defendant is presented, upon termination of these grounds, to the judge of rights and freedoms who took the measure or, as the case may be, to the preliminary chamber judge or to the panel to which the case file is pending. (7) The judge of rights and freedoms shall proceed to the defendant's hearing according to art. 225 225 para. (7) and (8), in the presence of his lawyer, and, assessing the defendant's statement in the context of the administered evidence and the reasons considered when taking the measure, order by conclusion, after hearing the prosecutor's conclusions, the confirmation of the arrest preventive and execution of the mandate or, as the case may be, under the conditions provided by law, revocation of preventive arrest or its replacement with one of the preventive measures provided for in 202 202 para. ((4) lit. b)-d) and the release of the defendant, if he is not arrested in another case. " 158. In Article 238, paragraph 2 is amended and shall read as follows: " (2) In the course of the judgment, the measure provided in par. (1) may be ordered by the court in the composition provided by law. In this case, the preventive arrest warrant shall be issued by the President of the Panel. " 159. Article 239 (2) is amended and shall read as follows: " (2) The terms provided in par. (1) flow from the date of referral to the court, if the defendant is in pre-trial detention, and, respectively, from the date of execution of the measure, when the pre-trial detention was ordered in the chamber procedure. preliminary or in the course of judgment or in absentia. " 160. In Article 240, paragraph 1 is amended and shall read as follows: "" Art. 240. -(1) If, on the basis of medical documents, it is found that the one remanded in custody suffers from a disease that cannot be treated in the medical network of the National Administration of Prisons, the administration of the holding place has treatment under permanent guard in the medical network of the Ministry of Health The reasons for taking this measure shall be communicated immediately to the prosecutor, in the course of the prosecution, to the preliminary chamber judge, in the course of this procedure, or to the court, in the course of the judgment. " 161. Article 241 (1), point d) is amended and shall read as follows: "" d) in other cases specifically provided for by law. " 162. In Article 241 (1), points e)-g) shall be repealed. 163. In Article 241, a new paragraph (1 ^ 1) is inserted after paragraph 1, with the following contents: " (1 ^ 1) Preventive arrest and house arrest shall cease from law: a) in the course of the prosecution or in the course of judgment in the first instance, at the maximum duration provided by law; b) on appeal, if the duration of the measure has reached the duration of the sentence handed down in the judgment 164. Article 242 (5), (7) and (8) shall be amended and shall read as follows: " (5) The request for revocation or replacement of the preventive measure formulated by the defendant is addressed, in writing, to the judge of rights and freedoms, to the judge of the preliminary chamber or to the court, as the case ........................................................................... (7) In order to resolve the application, the judge of rights and freedoms, the preliminary chamber judge or the court fixes the date of its resolution and orders the defendant to be subpoenaed. (8) When the defendant is present, the settlement of the application shall be made only after hearing it on all the grounds on which the application is based, in the presence of an elected or appointed lawyer. The request is also resolved in the absence of the defendant, when he does not present himself, although he was legally quoted or when, due to the state of health, because of force majeure or state of necessity, he cannot be brought, but only in the presence of the lawyer, elected or appointed ex officio, who is given the floor to make conclusions. " 165. In Article 243, paragraph 4 is amended and shall read as follows: " (4) When the detention or pre-trial detention of a minor was ordered, the knowledge provided in art. 210 and 228 shall be made, on a compulsory basis, and to its legal representative or, as the case may be, to the person in the care or supervision of which the minor is located. " 166. Article 249 is amended and shall read as follows: "" Art. 249 General conditions for taking precautionary measures (1) The prosecutor, in the course of the prosecution, the judge of the preliminary chamber or the court, ex officio or at the request of the prosecutor, in the preliminary chamber procedure or in the course of judgment, may take precautionary measures, by his ordinance, where appropriate, by reasoned conclusion, in order to avoid concealment, destruction, alienation or removal from prosecution of goods which may be subject to special confiscation or extended confiscation or which may serve to guarantee the execution of the sentence fines or legal expenses or damage to the damage caused by the offense. (2) The precautionary measures consist in the freezing of movable or immovable property, by the imposition of a seizure on them. (3) The precautionary measures to ensure the execution of the penalty of fines can only be taken on the assets of the suspect or defendant. (4) The precautionary measures for special confiscation or extended confiscation may be taken on the assets of the suspect or defendant or other persons in the property or possession of which the goods to be confiscated are located. (5) The precautionary measures in order to repair the damage caused by the crime and to ensure the execution of judicial expenses can be taken on the assets of the suspect or defendant and the person responsible civilly, until the competition their probable value. (6) The precautionary measures provided in par. (5) may be taken, in the course of criminal proceedings, of the preliminary chamber procedure and of the judgment, and at the request of the civil party. The precautionary measures taken ex officio by the judicial bodies provided in par. (1) may also use the civil party. (7) The precautionary measures taken under the conditions of paragraph ((1) are mandatory if the injured person is a person without exercise capacity or with restricted exercise capacity. (8) Goods belonging to an authority or public institution or to another person of public law or to the goods exempted by the law may not be seized. " 167. After Article 252, four new articles are inserted, articles 252 ^ 1-252 ^ 4, with the following contents: "" Art. 252 252 ^ 1 Special cases for the valorisation of sequestered movable property (1) In the course of the criminal proceedings, before the delivery of a final judgment, the prosecutor or the court that instituted the seizure may immediately dispose of the sale of the seized movable property, at the request of the owner of the goods when there is agreement. (2) In the course of the criminal proceedings, before a final judgment is rendered, when there is no agreement of the owner, the movable property on which the insurer seizure was established can, exceptionally, be recovered in the following Situations: a) when, within one year from the date of establishment of the seizure, the value of the seized assets decreased significantly, respectively by at least 40% in relation to that at the time of the disposition of the precautionary measure. Art. 252 252 para. ((1) shall apply accordingly and in this case; b) where there is a risk of expiry of the term of guarantee or when the seizure of the insurer has applied to live animals or birds; c) when the insurer seizure has applied to flammable or petroleum products; d) when the insurer seizure has applied to goods whose storage or maintenance requires disproportionate expenses in relation to the value of the good. (3) In the course of the criminal proceedings, before the delivery of a final decision, when the following conditions are cumulatively met: the owner could not be identified and the valorization cannot be made according to par. ((2), the vehicles on which the insurer seizure was established can be capitalized, in the following situations: a) when they were used, in any way, to the commission of a crime; b) if from the date of establishment of the precautionary measure on these goods a period of one year or more has passed. (4) The amounts of money resulting from the recovery of movable property made according to par. ((1) and (2) shall be recorded in the name of the suspect, defendant or civilly responsible person, at the disposal of the judicial body that ordered the seizure. Art. 252 252 para. ((8) relating to the filing of the reef shall apply accordingly. (5) The amounts of money resulting from the recovery of movable property made according to par. (3) shall be recorded in the name of the perpetrator, suspect, defendant or person responsible civilly or, as the case may be, in a special account constituted in this regard, according to the legal provisions in force, at the disposal of the judicial body that Ordered seizure. Art. 252 252 para. ((8) relating to the filing of the reef shall apply accordingly. Art. 252 ^ 2 Valorisation of movable property seized in the course of prosecution (1) In the course of criminal prosecution, when there is no agreement of the owner, if the prosecutor who instituted the seizure considers that it is necessary to capitalize on the seized movable property, he notifies it with a reasoned proposal to capitalize the goods seized on the judge of rights and freedoms. (2) The judge of rights and freedoms notified under the conditions of para. (1) fixes a term, which may not be less than 10 days, to which the parties are called, as well as the custodian of the goods, when one was designated. The prosecutor's participation is mandatory (3) At the fixed term, in the Board Chamber, it is brought to the attention of the parties and the custodian that it is intended to capitalize on the seized movable property and are given that they have the right to make observations or requests related to the goods that to be harnessed. After examining the objections and requests made by the parties or custodian, the judge of rights and freedoms shall order by reasoned conclusion on the valorization of the movable property provided in art. 252 ^ 1 para. ((2). The lack of legal parties cited does not prevent the procedure (4) Against the conclusion of the judge of rights and freedoms provided in par. (2) an appeal may be made to the judge of rights and freedoms from the superior hierarchical court by the parties, custodian, prosecutor, as well as by any other person interested within 10 days. (5) The term provided in par. ((4) flows from communication for the prosecutor, parties or custodian or from the date when they became aware of the conclusion in the case of other interested persons. (6) The parties or custodians may appeal only against the conclusion by which the judge of rights and freedoms ordered the valorization of seized movable property. The prosecutor can only appeal against the conclusion by which the judge of rights and freedoms rejected the proposal to capitalize on seized movable property. (7) The appeal provided in par. ((4) is suspended for execution. The trial of the case is made urgently and in particular, and the decision to settle the appeal is final. Art. 252 ^ 3 Valorisation of movable property seized in the course of judgment (1) In the course of the judgment, the court, ex officio or at the request of the prosecutor, of one of the parties or the custodian, may order the recovery of the seized movable property. To this end, the court fixes a term, which may not be shorter than 10 days, to which the parties are quoted in the Board Room, as well as the custodian of the goods, when one was designated. The prosecutor's participation is mandatory (2) At the fixed term, it is put in the discussion of the parties, in the council chamber, the valorization of the seized movable property and it is considered that they have the right to make observations or requests related to them. The lack of legal parties cited does not prevent the procedure (3) On the recovery of the seized movable property, as well as on the applications referred to in par. (2), the court orders by reasoned conclusion. Conclusion of the court is final Art. 252 ^ 4 Challenging the use of sequestered movable property (1) Against the way of carrying out the conclusion provided by art. 252 ^ 2 para. (3) or the court decision to capitalize on the seized movable property, provided by art. 252 ^ 2 para. ((7) or art. 252 ^ 3 para. (3), the suspect or the defendant, the civilly responsible party, the custodian, any other interested person, as well as the prosecutor may, in the course of the criminal proceedings, appeal to the competent court to settle the case in the first instance. (2) The appeal provided in par. ((1) shall be made within 15 days of the fulfilment of the contested act. (3) The court shall settle the emergency appeal and in particular, in public sitting, with the citation of the parties, by final conclusion. (4) After the final settlement of the criminal proceedings, if no appeal has been filed against the way of carrying out the conclusion or the court decision to capitalize on the sequestered movable property provided in par. (1), an appeal may be made according to civil law. " 168. Article 253 is amended and shall read as follows: "" Art. 253 The minutes of seizure and grading or mortgage registration (1) The body applying the seizure shall conclude a report on all acts carried out according to art. 252, describing in detail the seized goods, with the indication of their value. The minutes also show the goods exempted by the law from prosecution, according to the provisions of art. 249 249 para. ((8), found in the person who was applied seizure. It also records the objections of the suspect or the defendant or the civilly responsible party, as well as those of other interested persons. (2) In the minutes provided in par. (1) it is also mentioned that the parties have been pleased that: a) may request the valorization of the property or assets seized, pursuant to art. 252 ^ 1 para. ((1); b) in the course of the criminal proceedings, before the delivery of a final judgment, the movable property on which the insurer seizure was established can be capitalized by the judicial body, even without the consent of the owner, if they are met the conditions provided by art. 252 ^ 1 para. ((2). (3) A copy of the minutes provided in par. (1) shall be left to the person on the goods to whom the seizure has been applied, and in the absence thereof, to those with whom he lives, the administrator, the goalkeeper or the one who ordinarily replaces him or a neighbor. If a portion of their goods or totality have been handed over to a custodian, a copy of the minutes shall be left to the custodian. A copy shall also be submitted to the judicial body that ordered the precautionary measure to be taken, within 24 hours of the conclusion of the minutes. (4) For the immovable property seized, the prosecutor, the preliminary chamber judge or the court that ordered the seizure shall ask the competent body to write the mortgage on the seized assets, annexing the copy of the order or the conclusion by which the seizure was ordered and a copy of the seizure report. (5) Provisions of para. ((4) shall also apply accordingly to the disposition of the mortgage entry on movable property. " 169. In Article 257, paragraphs 2, 5 and 6 shall be amended and shall read as follows: " (2) The communication of the citations and of all procedural documents will be made, ex officio, by procedural agents of judicial bodies or by any other employee of them, through the local police or by postal or courier service. ........................................................................... (5) The citation can also be made via electronic mail or any other electronic messaging system, with the consent of the person quoted. ((6) The minor less than 16 years of age will be quoted, through his parents or guardian, unless this is not possible. " 170. In Article 257, a new paragraph (8) is inserted after paragraph 7, with the following contents: "(8) The citation and communication of procedural documents shall be made in a closed envelope, which shall be marked" For justice. To be handed over with priority. "" 171. In Article 259, paragraph 5 is amended and shall read as follows: " (5) If neither the address where the suspect or the defendant lives nor his place of work is known, a notice must be displayed at the headquarters of the judicial body: a) the year, month, day and time when it was made; b) the name and surname of the one who made the display and its function; c) the name, surname and domicile or, as the case may be, the residence, respectively the seat d) the number of the file in connection with which the notice is made and the name of the judicial body on whose role the file is; e) the mention that the notice refers to the procedural act of the citation; f) the mention of the term set by the judicial body which issued the summons in which the consignee is entitled to appear at the judicial body to be notified of the summons; g) the indication that, if the recipient does not present himself for the communication of the citation within the term provided in lett. f), the citation shall be deemed communicated at the end of this term h) the signature of the one who displayed the notice. " 172. In Article 259, a new paragraph (7 ^ 1) is inserted after paragraph 7, with the following contents: "" (7 ^ 1) The military shall be quoted at the unit of which they belong, by its commander. " 173. In Article 259, a new paragraph (13) is inserted after paragraph 12, with the following contents: "" (13) The citation via electronic mail or an electronic messaging system shall be made to the electronic address or to the coordinates that have been indicated for this purpose to the judicial body by the person quoted or by its representative. " 174. In Article 260, paragraph 2 is amended and shall read as follows: " (2) If the quoted person refuses to receive the summons, the person responsible for communicating the citation shall display on the recipient's door a notice, concluding a report on the circumstances found. The notification shall include: a) the year, month, day and time when the display was made; b) the name and surname of the one who made the display and its function; c) the name, surname and domicile or, as the case may be, the place of residence, d) the number of the file in connection with which the notice is made and the name of the judicial body on whose role the file is, with the indication of its headquarters; e) the mention that the notice refers to the procedural act of the citation; f) the mention of the term set by the judicial body which issued the summons in which the consignee is entitled to appear at the judicial body to be notified of the summons; g) the indication that, if the recipient does not present himself for the communication of the citation within the term provided in lett. f), the citation shall be deemed communicated at the end of this term h) the signature of the one who displayed the notice. " 175. In Article 260, a new paragraph (2 ^ 1) is inserted after paragraph 2, with the following contents: "(2 ^ 1) If the person quoted, receiving the summons, refuses or cannot sign the proof of receipt, the person responsible for communicating the citation concludes about this minutes." 176. In Article 260, after paragraph 6, a new paragraph (7) is inserted, with the following contents: " (7) When citation is carried out according to art. 257 257 para. ((5), the person carrying out the citation shall draw up a minutes. " 177. Article 261 (4) is amended and shall read as follows: " (4) In the absence of persons shown in par. ((1) and (2), the agent is obliged to inquire when he can find the person quoted to hand him the summons. When the person quoted cannot be found, the agent displays on the door of the person's home a notice that must include: a) the year, month, day and time when the deposit or, where applicable, the display was made; b) the name and surname of the one who made the display and its function; c) the name, surname and domicile or, as the case may be, the place of residence, d) the number of the file in connection with which the notice is made and the name of the judicial body on whose role the file is, with the indication of its headquarters; e) the mention that the notice refers to the procedural act of the citation; f) the mention of the term set by the judicial body which issued the summons in which the consignee is entitled to appear at the judicial body to be notified of the summons; g) the indication that, if the recipient does not present himself for the communication of the citation within the term provided in lett. f), the citation shall be deemed communicated at the end of this term h) the signature of the one who displayed the notice. " 178. Article 261 (6) is repealed. 179. After Article 261, a new article is inserted, Article 261 ^ 1, with the following contents: "" Art. 261 261 ^ 1 Failure to communicate the citation When the communication of the citation cannot be done, because the building does not exist, it is uninhabited or the recipient no longer lives in that building, or when the communication cannot be made for other similar reasons, the agent prepares a the minutes in which he mentions the situations found, which he sends to the judicial body that ordered the citation. " 180. Article 262 (2) is amended and shall read as follows: " (2) Whenever, on the occasion of the surrender, display or electronic transmission of a citation, a minutes shall be concluded, it shall also include the particulars provided in par. ((1). If the citation is carried out by means of electronic mail or any other electronic messaging system, the minutes shall be attached, if possible, to the proof of its transmission. " 181. Article 263 is amended and shall read as follows: "" Art. 263 Citation incidents (. In the course of judgment, the irregularity with regard to citation shall be taken into account only if the missing part of the period at which the irregularity occurred is invoked at the following time to which it is present or legally cited, the provisions on the penalty of nullity by applying accordingly. ((2) Unless the presence of the defendant is mandatory, the irregularity regarding the procedure of summoning a party may be invoked by the prosecutor, by the other parties or ex officio only at the time when it occurred. " 182. In Article 266, paragraph 1 is amended and shall read as follows: "" Art. 266. -(1) The warrant for bringing is executed through the criminal investigation bodies of the judicial police and public order bodies. The person entrusted with the execution of the mandate shall transmit the mandate of the person for whom he has been issued and ask him to accompany her. If the person indicated in the mandate refuses to accompany the person who executes the mandate or tries to flee, it will be brought by coercion. " 183. In Article 267, the marginal name is inserted as follows: "" Access to electronic databases " 184. In Article 275 (1) (2), a new point (d) is inserted after point c), with the following contents: "d) the defendant and the injured person in the event of reconciliation." 185. In Article 276, paragraphs 1 and 3 shall be amended and shall read as follows: "" Art. 276. -(1) In case of conviction, waiver of prosecution, waiver of sentence or deferral of sentence, the defendant is obliged to pay the injured person, as well as the civil party to which the civil action was admitted. the legal expenses made by them. .......................................................................... (3) In case of waiver of civil claims, as well as in case of transaction, mediation or recognition of civil claims, the court orders the expenses according to the agreement of the parties. " 186. In Article 283 (4), point g) is amended and shall read as follows: " g) non-compliance by the parties, their lawyers, witnesses, experts, interpreters or any other persons of the measures taken by the presiding judge according to art. 352 352 para. ((9) or art. 359 359; ' 187. In Article 283 (4), point j) is repealed. 188. Article 283 (4), letter o) is amended and shall read as follows: " o) failure to comply with the obligation provided for in 142 142 para. ((2) or the obligation provided for in art. 152 152 para. ((5) by IT or financial telecommunication service providers; " 189. Article 284 is amended and shall read as follows: "" Art. 284 Procedure for a judicial fine (1) The fine shall be applied by the prosecution body by order, and by the judge of rights and freedoms, by the judge of the preliminary chamber and by the court, by conclusion. (2) The fined person may request the cancellation or reduction of the fine. The request for cancellation or reduction may be made within 10 days from the communication of the ordinance or the conclusion of fines. (3) If the person fined justifies why he could not fulfill his obligation, the judge of rights and freedoms, the judge of the preliminary chamber or the court may order the cancellation or reduction of the fine. (4) The request for cancellation or reduction of the fine imposed by the ordinance will be solved by the judge of rights and freedoms, by conclusion. (5) The request for cancellation or reduction of the fine imposed by conclusion will be settled by another judge of rights and freedoms, respectively by another judge of the preliminary chamber or by another complete, by conclusion. " 190. Article 286 (3) is repealed. 191. In Article 286, paragraph 4 is amended and shall read as follows: " (4) The criminal investigation bodies shall, by order, have on the procedural documents and measures and formulate proposals by reference. Provisions of paragraph ((2) shall apply accordingly. '; 192. In Article 288, paragraph 2 is amended and shall read as follows: " (2) When, according to the law, the setting in motion of the criminal action is made only to the prior complaint of the injured person, to the complaint made by the person provided by the law or with the authorization of the body provided by law, the criminal action cannot be set in motion in their absence. " 193. In Article 289, paragraph 2 is amended and shall read as follows: " (2) The complaint must contain: the name, surname, personal numerical code, quality and domicile of the petitioner or, for legal persons, the name, the seat, the unique registration code, the tax identification code, the registration number in the register of trade or enrolment in the register of legal persons and the bank account, the indication of the legal or conventional representative, the description of the act forming the object of the complaint, and the indication of the perpetrator and of the if known. " 194. Article 291 is amended and will read as follows: "" Art. 291 Referrals made by persons with management positions and other persons ((1) Any person with a management position within a public administration authority or other public authorities, public institutions or other legal persons under public law, as well as any person with control powers, who, in the exercise of their duties, became aware of the commission of a crime for which the criminal action is set in motion ex officio, are obliged to immediately notify the prosecution body and take measures because the traces the crime, the crime bodies and any other means of proof do not disappear. ((2) Any person who exercises a service of public interest for which he has been invested by public authorities or who is subject to control or supervision thereof with regard to the performance of that service of public interest, which in the exercise of his duties has become aware of the commission of a crime for which the criminal action is set in motion ex officio, it is obliged to notify the prosecution body immediately. " 195. In Article 293, paragraphs 3 and 4 are amended and shall read as follows: " (3) In the case of flagrant crime, public order and national security bodies shall draw up a minutes, in which they record all the aspects found and the activities carried out, which they shall immediately submit to the prosecution body. (4) The complaints and requests submitted in writing, the body of the crime, as well as the objects and documents raised on the occasion of the finding of the crime are made available to the criminal prosecution body. " 196. In Article 294, paragraphs 1 to 3 are amended and shall read as follows: "" Art. 294. -(1) Upon receipt of the complaint, the prosecution body shall proceed with the verification of its competence, and in the case provided for in art. 58 58 para. (3) submit to the prosecutor the case, together with the proposal to refer the complaint to the competent body. (2) If the complaint or denunciation does not meet the conditions of form provided by law or the description of the act is incomplete or unclear, it shall be returned by administrative means to the petitioner, with the indication of the missing elements. (3) When the complaint meets the legal conditions of admissibility, but from its contents it follows any of the cases of preventing the exercise of the criminal action provided by art. 16 16 para. (1), the criminal investigation bodies shall submit to the prosecutor the acts, together with the proposal for classification. " 197. After Article 294, a new article is inserted, Article 294 ^ 1, with the following contents: "" Art. 294 294 ^ 1 Carrying out pre-checks (1) Whenever prior authorization or the fulfilment of another precondition for the commencement of criminal prosecution is required, the prosecuting body shall carry out prior checks. (2) In the cases provided in par. (1), the prosecutor's office, with the complaint of the competent institution, shall submit a reference drawn up by the prosecutor to whom the work was assigned, which will include the results of the prior checks on the commission of facts provided by the law criminal by the person in respect of which prior authorization is requested or the fulfilment of another precondition. " 198. In Article 296, paragraphs 2 and 3 shall be amended and shall read as follows: " (2) When the injured person is a minor or an incapacitated, the 3-month term flows from the date when his legal representative learned about the act. (3) If the perpetrator is the legal representative of the persons referred to in par. ((2), the term of 3 months shall run from the date of appointment of a new legal representative. " 199. In Article 298, paragraph 2 is amended and shall read as follows: " (2) After the finding of the flagrant crime, the prosecution body calls the injured person and, if it declares that it makes prior complaint, the prosecution begins. Otherwise, the criminal investigation body shall submit the completed acts and the ranking proposal to the prosecutor. " 200. In Article 305, paragraph 3 is amended and shall read as follows: " (3) When the existing data and evidence in question result in reasonable indications that a particular person committed the act for which the prosecution began, the prosecutor orders that the prosecution be carried out further than this, which acquires the status of suspect. " 201. In Article 305, a new paragraph (4) is inserted after paragraph 3, with the following contents: " (4) Compared to persons for whom the prosecution is subject to prior authorization or the fulfilment of another precondition, the prosecution may be ordered only after obtaining the authorization or after fulfilling the condition. " 202. In Article 306, paragraphs 1 and 5 shall be amended and shall read as follows: "" Art. 306. -(1) In order to carry out the object of the prosecution, the criminal investigation bodies have the obligation that, after the referral, they seek and collect the data or information on the existence of crimes and the identification of the persons who committed crimes, to take measures to limit their consequences, to collect and administer the evidence in compliance with the provisions of art. 100 100 and 101. ......................................................................... (5) When the criminal investigation body considers that it is necessary to administer evidence or to use special surveillance methods, which can be authorized or ordered, in the prosecution phase, only by the prosecutor or, as the case may be, by the judge of rights and freedoms, formulates reasoned proposals, which must include the data and information that is binding in that procedure. The reference is sent to the prosecutor with the case file. " 203. In Article 306, two new paragraphs (6) and (7) are inserted after paragraph 5, with the following contents: " (6) The banking and professional secrecy, except for the professional secrecy of the lawyer, are not opposable to the prosecutor, after the start of the prosecution. (7) The prosecution body is obliged to collect the necessary evidence for the identification of goods and values subject to special confiscation and extended confiscation, according to the Criminal Code. " 204. Article 308 is amended and shall read as follows: "" Art. 308 Early hearing procedure (1) When there is a risk that a witness may no longer be heard in the course of the judgment, the prosecutor may refer the judge of rights and freedoms to the early hearing of the witness. (2) The judge of rights and freedoms, if he considers the request based, shall immediately determine the date and place of the hearing, with the citation of the main processing parties and subjects. ((3) The participation of the prosecutor is mandatory. 205. In Article 309, paragraph 1 is amended and shall read as follows: "" Art. 309. -(1) The criminal action shall be set in motion by the prosecutor, by order, in the course of the prosecution, as soon as it is found that there is evidence from which it follows the reasonable assumption that a person has committed a crime and there are none of the cases of prevention, provided for in art. 16 16 para. ((1). ' 206. In Article 311, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 311. -(1) If, after the start of the prosecution, the prosecution body finds new facts, data on the participation of other persons or circumstances that may lead to the change of the legal classification of the act, it has the extension criminal prosecution or change of legal classification. (2) The criminal investigation body that ordered the extension of the criminal investigation or the change of legal classification is obliged to inform the prosecutor about the measure ordered, proposing, as the case may be, the setting in motion of the criminal action. " 207. In Article 315, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 315. -(1) The classification is available when: a) the prosecution cannot be started, as the substantive conditions and the essential form of the complaint are not met; b) there is one of the cases provided in art. 16 16 para. ((1). (2) The ranking ordinance includes the mentions provided in art. 286 286 para. (2), as well as provisions on: a) the lifting or maintenance of precautionary measures; these measures shall cease by right if the injured person does not bring action before the civil court, within 30 days of the communication of the solution; b) return of the raised goods or bail; c) referral to the judge of the preliminary chamber with the proposal to take the measure of safety of special confiscation; d) referral of the preliminary chamber judge with the proposal for the total or partial abolition of a document; e) the complaint of the competent court according to the provisions of the special law on mental health, in order to dispose of non-volatile admission; f) legal expenses. " 208. In Article 315, a new paragraph (5) is inserted after paragraph 4, with the following contents: " (5) The mention of the factual and legal reasons is mandatory only if the prosecutor does not appropriate the arguments contained in the proposal of the criminal investigation body or if in the course of the prosecution of the suspect quality, according to art. 307 307. " 209. Article 316 (1) is amended and shall read as follows: "" Art. 316. -(1) The ranking order shall be communicated in copy to the person who made the complaint, to the suspect, to the defendant or, as the case may be, to other interested persons If the order does not contain the factual and legal reasons, a copy of the reference of the criminal investigation body shall also be communicated. " 210. Article 318 is amended and shall read as follows: "" Art. 318 Waiver of prosecution (1) In the case of crimes for which the law provides for the punishment of the fine or prison sentence of no more than 7 years, the prosecutor may waive the prosecution when, in relation to the content of the act, the manner and means of commission, with the aim pursued with the concrete circumstances of the commission, with the consequences produced or that could have occurred by committing the crime, it finds that there is no public interest in its pursuit. (2) When the author of the act is known, the person of the suspect or defendant is also considered at the appreciation of the public interest, the conduct prior to the crime and the efforts made to remove or mitigate the consequences offense. (3) The prosecutor may order, after consulting the suspect or the defendant, that he/she meet one or more of the following obligations: a) to remove the consequences of the criminal act or to repair the damage caused or to agree with the civil party a way of repairing it; b) to publicly apologize to the injured person; c) to perform unpaid community work, for a period of between 30 and 60 days, unless, due to the state of health, the person cannot provide this work; d) to attend a counseling program. (4) If the prosecutor orders the suspect or the defendant to meet the obligations provided in par. (3), establishes by ordinance the term until which they are to be fulfilled, which may not be more than 6 months or 9 months for obligations assumed by mediation agreement concluded with the civil party and which flows from the communication of the ordinance. (5) The order for waiver of tracking includes, as the case may be, the mentions provided in art. 286 286 para. (2), as well as provisions on measures ordered under par. ((3) of this Article and art. 315 315 para. ((2)-(4), the deadline by which the obligations provided in par. (3) of this article and the sanction of not submitting evidence to the prosecutor, as well as judicial expenses. (6) In case of non-fulfilment with bad faith of obligations within the period provided in par. (4), the prosecutor revokes the ordinance. The task of proving the fulfilment of the obligations or the presentation of the reasons for their failure lies with the suspect or the defendant. A new waiver of prosecution in the same case is no longer possible. (7) The order by which the prosecution was ordered to be dropped shall be communicated in copy to the person who made the complaint, to the suspect, to the defendant or, as the case may be, to other interested persons. " 211. In Article 321, paragraph 2 is amended and shall read as follows: " (2) The reference must contain the particulars provided for in art. 286 286 para. ((4), as well as additional data on the material means of evidence and the measures taken with regard to them in the course of criminal investigation, as well as the place where they are located. " 212. Article 326 is amended and shall read as follows: "" Art. 326 Sending the case to another parquet When there is a reasonable suspicion that the prosecution activity is affected because of the circumstances of the case or the quality of the parties or the main procedural subjects or there is the danger of disorder of public order, the Prosecutor General of The Prosecutor's Office of the High Court of Cassation and Justice, at the request of the parties, of a main or ex officio procedural subject, can send the case to an equal parquet in the degree, the provisions of art 73 73 and 74 being properly applicable. ' 213. In Article 328, paragraph 1 is amended and shall read as follows: "" Art. 328. -(1) The shark shall be limited to the act and the person for whom the prosecution was carried out and shall properly contain the particulars provided for in art. 286 286 para. (2), the data regarding the deed held in charge of the defendant and its legal classification, the evidence and the means of proof, the judicial expenses, the mentions provided in art. 330 330 and 331, the order for arraignment, as well as other particulars necessary to resolve the case. The indictment is verified in terms of the legality and merits of the first prosecutor of the prosecutor's office or, as the case may be, the prosecutor general of the prosecutor's office of the court of appeal, and when it was drawn up by him, the verification is made by the prosecutor superior hierarchical When it was prepared by a prosecutor from the Prosecutor's Office of the High Court of Cassation and Justice, the indictment is verified by the chief prosecutor of the section, and when it was drawn up by him, the verification is done by the prosecutor general of this parquet. In cases of arrest, the verification shall be made as a matter of urgency and before the expiry of the period of 214. In Article 334, paragraph 2 is amended and shall read as follows: " (2) If the judgment is based on the provisions of art. 346 346 para. ((3) lit. a), the resumption is ordered by the head of the prosecutor's office or the superior hierarchical prosecutor provided by the law, only when he finds that in order to remedy the irregularity it is necessary to carry out acts The order to resume the prosecution will also mention the acts to be carried out. " 215. In Article 335, paragraphs 2 to 4 are amended and shall read as follows: " (2) If new facts or circumstances have emerged from which it follows that the circumstance on which the ranking is founded has disappeared, the prosecutor shall revoke the ordinance and order the reopening of the prosecution. (3) When he finds that the suspect or the defendant has not fulfilled in bad faith his obligations established according to art. 318 318 para. (3), the prosecutor revokes the ordinance and orders the reopening of the prosecution (4) The reopening of the prosecution is subject to the confirmation of the preliminary chamber judge, no later than 3 days, under penalty of nullity. The preliminary chamber judge decides by reasoned conclusion, in the council chamber, without the participation of the prosecutor and his suspect, as the case may be, of the defendant, on the legality and merits of the ordinance ordering the reopening Prosecution. The conclusion of the preliminary chamber judge is final. " 216. In Article 335, a new paragraph (5) is inserted after paragraph 4, with the following contents: " (5) If the prosecution was ordered to be closed or dropped, the reopening of the prosecution also takes place when the preliminary chamber judge upheld the complaint against the solution and referred the case to the prosecutor for completion. Prosecution. The provisions of the preliminary chamber judge are mandatory for the prosecuting body. " 217. In Article 339, paragraph 4 is amended and shall read as follows: "(4) In the case of ranking or waiver solutions, the complaint shall be made within 20 days from the communication of the copy of the act ordering the solution." 218. Article 341 is amended and shall read as follows: "" Art. 341 Resolution of the complaint by the Preliminary Chamber Judge (1) After registering the complaint to the competent court, it shall be sent on the same day to the preliminary chamber judge. The wrong complaint directed shall be sent to the competent judicial body. (2) The preliminary chamber judge shall determine the term of settlement, which shall be communicated, together with a copy of the complaint, to the prosecutor and to the parties, who may submit written notes on the admissibility or merits of the complaint. The applicant will be notified of the settlement deadline. The person who had in question the status of defendant can make requests and raises exceptions also with regard to the legality of the administration of evidence or the conduct of criminal prosecution. (3) The prosecutor, no later than 3 days after receiving the communication provided in par. (2), submit to the preliminary chamber judge the case file. (4) If the complaint was filed with the prosecutor, he will submit it, together with the case file, to the competent court. (5) The preliminary chamber judge shall rule on the complaint by reasoned conclusion, in the council chamber, without the participation of the applicant, the prosecutor and the intimates. (6) In cases where the criminal action has not been ordered, the preliminary chamber judge may order one of the following solutions: a) reject the complaint, as late or inadmissible or, as the case may be, as unfounded; b) admits the complaint, abolishes the contested solution and sends the case to the prosecutor motivated to start or to complete the prosecution or, as the case may be, to set in motion the criminal action and complete the prosecution; c) admits the complaint and changes the legal basis of the attacking solution, if this does not create a harder situation for the person who made the complaint. (7) In the cases in which the criminal action was ordered, the preliminary chamber judge: 1. rejects the complaint as late or inadmissible; 2. verify the legality of the administration of evidence and the prosecution, exclude the unlawful evidence administered or, as the case may be, sanction according to art. 280-282 acts of prosecution carried out in violation of the law and: a) reject the complaint as unfounded; b) admits the complaint, abolishes the contested solution and sends the case to the prosecutor motivated to complete the prosecution; c) admits the complaint, abolishes the contested solution and orders the commencement of the judgment on the facts and persons for whom, in the course of criminal investigation, the criminal action was set in motion, when the legal evidence administered is sufficient, sending the file for random distribution; d) admits the complaint and changes the legal basis of the attacking ranking solution, if this does not create a harder situation for the person who made the complaint. (8) The conclusion by which one of the solutions provided in par. ((6) and in par. ((7) 1 1, point 2 lit. a), b) and d) is final. (9) In the case provided in par. ((7) 2 lit. c), within 3 days from the communication of the conclusion, the prosecutor and the defendant may make, reasoned, challenge on how to resolve the exceptions on the legality of the administration of evidence and the conduct of criminal prosecution. The unmotivated challenge is inadmissible. (10) The appeal shall be filed with the judge who settled the complaint and shall proceed to the resolution of the preliminary chamber judge from the superior hierarchical court or, when the court seised with complaint is the High Court of Cassation and Justice, the complete competent according to the law, which is pronounced by reasoned conclusion, without the participation of the prosecutor and the defendant, and can order one of the following solutions: a) reject the appeal as late, inadmissible or, as the case may be, as unfounded and maintain the disposition of judgment; b) admits the appeal, abolishes the conclusion and rejudges the complaint according to par. ((7) 2, if the exceptions regarding the legality of the administration of evidence or the prosecution were wrongly resolved. ((11) The probes which have been excluded may not be taken into account when the case is adjudicated. " 219. Article 342 is amended and shall read as follows: "" Art. 342 Subject-matter of the proceedings The object of the preliminary chamber procedure is the verification, after the prosecution, of the competence and legality of the court's complaint, as well as the verification of the legality of the administration of evidence and of the acts by the Prosecution. " 220. Article 343 is amended and shall read as follows: "" Art. 343 Duration of the proceedings in the The duration of the procedure in the preliminary chamber shall be no more than 60 days from the date of registration of the case to 221. Article 344 is amended and shall read as follows: "" Art. 344 Previous measures (1) After the court's referral through the indictment, the case is randomly assigned to the preliminary chamber judge. (2) The certified copy of the indictment and, as the case may be, its authorized translation shall be communicated to the defendant at the place of possession or, as the case may be, at the address where he lives or at the address at which he requested the communication of the procedural documents, bringing them at the same time the object of the procedure in the preliminary chamber, the right to hire a defender and the term in which, from the date of communication, may make in writing requests and exceptions regarding the legality of the administration of the evidence and the performance acts by the prosecution bodies. The term is set by the preliminary chamber judge, depending on the complexity and peculiarities of the cause, but may not be shorter than 20 days. (3) In the cases provided by art. 90, the preliminary chamber judge shall take measures to appoint a defender ex officio and determine, depending on the complexity and peculiarities of the case, the term in which he may formulate in writing requests and exceptions regarding the legality the administration of evidence and the performance of acts by the prosecution bodies, which cannot be shorter than 20 days. (4) Upon expiry of the deadlines provided in par. (2) and (3), the preliminary chamber judge shall communicate the requests and exceptions made by the defendant or the exceptions raised ex officio to the prosecutor's office, which may respond in writing, within 10 days of the communication. " 222. Article 345 is amended and shall read as follows: "" Art. 345 Procedure in the preliminary chamber (1) If requests and exceptions have been made or made exceptions ex officio, the preliminary chamber judge shall rule on them, by reasoned conclusion, in the council chamber, without the participation of the prosecutor and the defendant, upon expiry the term provided in art. 344 344 para. ((4). (2) If the preliminary chamber judge finds irregularities of the act of referral, if he sanctions according to art. 280-282 acts of prosecution carried out in violation of the law or if it excludes one or more evidence administered, the conclusion is communicated immediately to the prosecutor's office that issued the indictment. ((3) Within 5 days from the communication, the prosecutor shall remedy the irregularities of the act of referral and communicate to the judge of the preliminary chamber if he maintains the disposition of arraignment or requests the return of the case. " 223. Article 346 is amended and shall read as follows: "" Art. 346 Solutions (1) The pretrial judge decides by reasoned conclusion, in the council chamber, without the participation of the prosecutor and the defendant. The conclusion is immediately communicated to the prosecutor and the defendant. (2) If no applications have been made and exceptions or did not raise ex officio exceptions, at the expiry of the deadlines provided for in art. 344 344 para. (2) or (3), the preliminary chamber judge finds the legality of the court's complaint, the administration of evidence and the performance of acts of prosecution and orders the commencement of judgment. (3) The preliminary chamber judge shall return the case to the prosecutor's office if: a) the indictment is irregularly drawn up, and the irregularity was not remedied by the prosecutor within the period provided for in art. 345 345 para. (3), if the irregularity entails the impossibility of establishing the object or limits of the b) excluded all the evidence administered during the criminal investigation; c) the prosecutor requests the return of the case, under the conditions 345 345 para. ((3), or does not respond within the time limit laid down by the same (4) In all other cases in which he found irregularities of the act of referral, he excluded one or more evidence administered or sanctioned according to art. 280-282 acts of prosecution carried out in violation of the law, the preliminary chamber judge orders the commencement of trial (5) The excluded probes cannot be considered in the merits of the case. (6) If he considers that the court seised is not competent, the preliminary chamber judge shall proceed according to art. 50 50 and 51, which shall apply accordingly. (7) The Judge of the Preliminary Chamber who ordered the commencement of the judgment shall exercise the office of 224. Article 347 is amended and shall read as follows: "" Art. 347 Appeal (1) Within 3 days from the communication of the conclusion provided in art. 346 346 para. (1), the prosecutor and the defendant may appeal on the way of settling applications and exceptions, as well as against the solutions provided in art. 346 346 para. ((3)-(5). (2) The appeal shall be adjudicated by the preliminary chamber judge of the higher hierarchical court. When the court seised is the High Court of Cassation and Justice, the appeal is adjudicated by the competent panel, according to the law. (3) Provisions art. 343 343-346 shall apply accordingly. ' 225. Article 349 is amended and shall read as follows: "" Art. 349 The role of the court (1) The court shall settle the case inferred from the judgment with the guarantee of respect for the rights of the processing subjects and to ensure the administration of evidence for the complete clarification of the circumstances of the case for the purpose of finding the truth full of law. (2) The court may only settle the case on the basis of evidence administered in the prosecution phase, if the defendant so requests and fully acknowledges the facts held in his charge and whether the court considers that the evidence is sufficient for the finding of the truth and the just resolution of the case, unless the criminal action concerns an offence punishable by life imprisonment. " 226. In Article 351, paragraph 2 is amended and shall read as follows: "(2) The court is obliged to call into question the requests of the prosecutor, the parties or other procedural subjects and the exceptions raised by them or ex officio and to rule on them by reasoned conclusion." 227. Article 352 (7), (8) and (10) to (12) shall be amended and shall read as follows: " (7) The parties, the injured person, their representatives, the lawyers and the designated experts concerned have the right to become aware of the documents and contents of the file. (8) The President of the Panel shall be obliged to inform the persons participating in the judgment held at the non-public meeting the obligation to maintain the confidentiality of the information obtained during the trial. ........................................................................... (10) The information of public interest in the file is communicated under the law. (11) If classified information is essential for the resolution of the case, the court requests, as a matter of urgency, as the case may be, the total declassification, partial declassification or passage to another degree of classification or allowing access to those classified by the defendant's defender. (12) If the issuing authority does not allow the defendant's defender to access classified information, they may not serve to deliver a solution of conviction, to waive the application of the sentence or to postpone the application of the sentence in question. " 228. In Article 353, the marginal name and paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 353 Citation to judgment (1) The judgment may only take place if the injured person and the parties are legally cited and the procedure is fulfilled. The defendant, the civil party, the civilly responsible party and, as the case may be, their legal representatives shall be automatically quoted by the court. The court may order the citation of other procedural subjects when their presence is necessary for the resolution of the case. The appearance of the injured person or the party in court, in person or through representative or elected lawyer or ex officio lawyer, if the latter has been in touch with the represented person, covers any illegality occurred in the citation procedure. (2) The part or other main procedural subject present personally, through the representative or by the chosen defender at a term, as well as the one to whom, personally, through the representative or defender elected or through the official or person responsible for receiving correspondence, has been legally handed the subpoena for a trial term are no longer subpoenaed for later deadlines, even if they would be absent from any of these deadlines, except in situations where their presence is mandatory. The military and the detainees are quoted ex officio at each term. " 229. In Article 353, paragraph 5 is repealed. 230. In Article 353, paragraph 7 is amended and shall read as follows: "(7) When the judgment is postponed, the parties and the other persons participating in the trial shall be aware of the new trial term." 231. In Article 353, a new paragraph (10) is inserted after paragraph 9, with the following contents: "" (10) The panel invested with the adjudication of a criminal case may, ex officio or at the request of the parties or the injured person, exchange the first term or the term taken into account, in compliance with the principle of continuity of the complete, in the situation in which for objective reasons the court cannot conduct its judgment at the time fixed or for the expeditious settlement of the case. The change in the term is ordered by the judge's resolution in the council chamber and without citing the parties The parties will be immediately quoted for the new deadline. " 232. In Article 356, paragraph 4 is amended and shall read as follows: "" (4) If the injured person or one of the parties no longer benefits from legal assistance granted by his chosen lawyer, the court may grant another term for the employment of another lawyer and the preparation of the defense. " 233. In Article 360, paragraph 2 is amended and shall read as follows: "(2) If the prosecutor participates in the judgment, he may declare that the prosecution begins, set in motion the criminal action and may detain the suspect or the defendant." 234. In Article 361, paragraph 1 is repealed. 235. In Article 363, paragraph 4 is amended and shall read as follows: " (4) When he considers that there are any of the causes that prevent the exercise of criminal action, the prosecutor asks, as the case may be, conclusions to acquit or terminate the criminal proceedings. 236. In Article 364, a new paragraph (6) is inserted after paragraph 5, with the following contents: "(6) The defendant may make requests, raise exceptions and make conclusions." 237. Article 366 is amended and shall read as follows: "" Art. 366 Participation of the injured person and other procedural subjects in their judgment and rights (1) The injured person may be represented by the lawyer. (2) The injured person may make requests, raise exceptions and make conclusions in the criminal part of the case. ((3) Persons whose property is subject to confiscation may be represented by the lawyer and may make requests, raise exceptions and make conclusions on the measure of confiscation. " 238. In Article 368, paragraphs 1, 2 and 4 are amended and shall read as follows: "" Art. 368. -(1) If, according to the law, the extradition of a person is required for trial in a criminal case, the court before which the case is located may order, by reasoned conclusion, the suspension of the judgment until the date on which the requested State will communicate its judgment on the extradition request. The conclusion of the court is subject to appeal within 24 hours of the ruling, for those present, and from the communication, for the missing, to the higher hierarchical court. (2) If the extradition of a defendant tried in a case with several defendants is requested, the court may order, in the interest of good judgment, the disconnection of the case. .......................................................................... (4) The contestation does not suspend the execution and is judged in public session, with the participation of the prosecutor and with the summoning of the injured person and the The appeal shall be judged within 5 days from the receipt of the file, without the participation of the prosecutor and the parties. " 239. Article 370 (2) and (e) of paragraph 4 shall be amended and shall read as follows: " (2) The judgment by which the court rules on appeal, appeal in cassation and appeal in the interest of the law is called a decision. The court is ruled by decision in other situations provided by law. ......................................................................... e) the act for which the defendant was sent to trial and the texts of law in which the act was framed; " 240. Article 374 is amended and shall read as follows: "" Art. 374 Bringing to the attention of blame, clarification and requests (1) At the first time when the citation procedure is legally fulfilled and the case is in a state of judgment, the president orders the Registrar to read the act by which the prosecution was ordered or, as the case may be, of the one by which he was ordered the commencement of judgment or make a brief presentation thereof. (2) The President explains to the defendant what the accusation is brought to him, notifies the defendant of the right not to make any statement, drawing his attention that what he declares can also be used against him, as well as with regard to the right to question the co-defendants, the injured person, the other parties, the witnesses, the experts and to give explanations throughout the course of the judicial investigation, when it reckons that it is necessary. (3) The President shall incuse the civil party, the civilly responsible party and the injured person regarding the evidence administered in the prosecution phase that have been excluded and which will not be contemplated in the settlement of the case and shall consider the injured person can be a civil party until the start of the judicial investigation. (4) In cases where criminal action does not concern an offence punishable by life imprisonment, the President shall consider the defendant that he may request that the judgment be held solely on the basis of evidence administered during the course of the prosecution. and the documents presented by the parties, if they fully recognize the facts retained in his charge, bringing to his attention the provisions of art. 396 396 para. ((10). (5) The President asks the prosecutor, the parties and the injured person if they propose to take evidence (6) Where evidence is proposed, the facts and circumstances to be proved must be shown, the means by which such evidence may be administered, the place where such means are located, and with regard to witnesses and experts, their identity and address. ((7) The probes administered during the course of the prosecution and unchallenged by the parties shall not be restored during the course of the judicial investigation. They are put into the contradictory debate of the parties and are contemplated by the court in deliberation. (8) The samples provided in par. (7) may be administered ex officio by the court, if it considers that it is necessary to find the truth and the just resolution of the case. (9) The prosecutor, the injured person and the parties may request the administration of new evidence and in the course of judicial investigation (10) The court may order ex officio the administration of evidence necessary to find the truth and the just resolution of the case. " 241. Article 375 is amended and shall read as follows: "" Art. 375 Procedure in case of recognition of blame (1) If the defendant requests that the judgment take place under the conditions provided in art. 374 374 para. ((4), the court proceeds to hear it, after which, taking the conclusions of the prosecutor and the other parties, it shall rule on the application. (2) If he admits the application, the court asks the parties and the injured person if they propose the administration of evidence with documents. (3) If he rejects the application, the court shall proceed according to 374 374 para. ((5)-(10). ' 242. Article 377 is amended and shall read as follows: "" Art. 377 Judicial investigation in case of recognition of blame (1) If he ordered the judgment to take place under the conditions provided in art. 375 375 para. (1), the court administers the test with the consent documents. ((2) The documents may be submitted at the time the court is given the oppressurate of the application referred to in 375 375 para. ((1) or at a later date, granted for this purpose. For the submission of documents the court can only grant a single term. (3) Provisions art. 383 383 para. ((3) shall apply accordingly. (4) If the court finds, ex officio, at the request of the prosecutor or the parties, that the legal classification given by the act of referral must be changed, it is obliged to question the new framing and to draw the defendant's attention that it has the right to demand that the cause be left behind. Art. 386 386 para. ((2) shall apply accordingly. (5) If for the establishment of legal classification, and if, after the change of legal classification, it is necessary to administer other evidence, the court, taking the conclusions of the prosecutor and the parties, orders the conduct of the judicial investigation, provisions of Article 374 374 para. ((5)-(10) duly applied. ' 243. In Article 378, paragraphs 1 and 3 to 5 shall be amended and shall read as follows: "" Art. 378. -(1) The defendant is left to show everything he knows about the act for which he was sent to court, then he can be asked directly questions by the prosecutor, the injured person, the civil party, the civilly responsible party, the others. defendants, as well as their lawyers and the defendant's lawyer whose hearing is made. The President and the other members of the panel may also ask questions, if they deem it necessary, for the just resolution of the case. ........................................................................... (3) In situations where the law provides for the possibility for the defendant to be obliged to perform unpaid work for the benefit of the community, he will be asked if he manifests his agreement in this regard, if he is found guilty. (4) When the defendant no longer remembers certain facts or circumstances or when there are contradictions between statements made by the defendant in court and those previously given, the president asks him for explanations and can read, in full or in Part, previous statements. (5) When the defendant refuses to give statements, the court orders the reading of the statements he has previously given. " 244. In Article 381, paragraphs 3, 6, 8, 10 and 12 shall be amended and shall read as follows: " (3) The President and the other members of the panel may address questions to the witness whenever they deem it necessary, for the just resolution of the case. ........................................................................... (6) When the witness no longer remembers certain facts or circumstances or when there are contradictions between statements made in court and those previously given, after the witness was left to declare everything he knows, the president can read, in whole or in part, previous statements. ........................................................................... (8) If one or more witnesses are absent, the court may order either the continuation of the judgment or the postponement of the case. The witness whose absence is not justified may be brought with a warrant for bringing. ........................................................................... (10) The court, taking the conclusions of the prosecutor, the injured person and the parties, may consent to the departure of witnesses after their hearing. ........................................................................... (12) 130 130-134 and art. 306 306 para. ((6) shall apply accordingly. '; 245. In Article 386, paragraph 1 is amended and shall read as follows: "" Art. 386. -(1) If in the course of judgment it is considered that the legal classification given to the deed by the act of referral is to be changed, the court is obliged to question the new framing and to draw the defendant's attention that it has the right to ask for the case after or the postponement of the judgment, in order to prepare its defence. " 246. In Article 388, paragraph 5 is repealed. 247. In Article 391, paragraph 1 is amended and shall read as follows: "" Art. 391. --(1) Deliberation and delivery of the judgment shall be made on the day on which the proceedings took place or at a later date, but no later than 15 days after the closing of the proceedings. " 248. Article 395 is amended and shall read as follows: "" Art. 395 Resumption of judicial research or debate (1) If in the course of the deliberation the court considers that a certain circumstance must be clarified and it is necessary to resume the judicial investigation or the debates, it reinstates the case. The citation provisions shall apply accordingly. (2) If the judgment took place under the conditions of art. 375 375 para. (1) and (2), and the court finds that in order to settle the criminal action, it is necessary to administer other evidence outside the documents provided in art. 377 377 para. ((1)-(3), reinstate the case and order the conduct of the judicial investigation. " 249. In Article 396, paragraphs 3, 4 and 8 are amended and shall read as follows: " (3) The waiver of the application of the sentence is pronounced if the court finds, beyond a reasonable doubt, that the act exists, constitutes a crime and was committed by the defendant, under the conditions of art. 80-82 of the Criminal Code. (4) The postponement of the application of the sentence is pronounced if the court finds, beyond a reasonable doubt, that the act exists, constitutes a crime and was committed by the defendant, under the conditions of art. 83-90 of the Criminal Code. ........................................................................... (8) If the defendant asked for further criminal proceedings according to art. 18 and it is found that the cases provided for in art. 16 16 para. ((1) lit. a)-d), the court rules the termination of the criminal proceedings. " 250. In Article 396, a new paragraph (10) is inserted after paragraph 9, with the following contents: " (10) When the judgment was held under the conditions of art. 375 375 para. (1) and (2), when the defendant's request that the judgment take place in these conditions was rejected or when the judicial investigation took place under the conditions of art. 377 377 para. ((5) or art. 395 395 para. (2), and the court retains the same factual situation as that described in the act of referral and recognized by the defendant, in case of conviction or postponement of the application of the sentence, the limits of punishment provided by law in the case of prison sentence shall be reduced with a third, and in the case of the penalty of fine, with a fourth. " 251. In Article 399, paragraphs 8 and 9 are amended and shall read as follows: " (8) The court orders the seizure of bail if the measure of judicial review on bail has been replaced by the measure of house arrest or preventive arrest, for the reasons shown in art. 217 217 para. (9), and the payment of the amounts provided in art. 217. (9) The duration of the house arrest measure shall be deducted from the sentence imposed by the equivalence of a day of pre-trial detention at home with a day of punishment. " 252. In Article 399, a new paragraph (10) is inserted after paragraph 9, with the following contents: "(10) After the ruling, until the appeal of the appeal court, the court may order, on request or ex officio, the taking, revocation or replacement of a preventive measure with regard to the convicted defendant, under the law." 253. In Article 403, paragraphs 2 and 3 shall be amended and shall read as follows: " (2) In case of conviction, waiver of punishment or postponement of the application of the sentence, the exposure must include each act retained by the court in charge of the defendant, the form and degree of guilt, aggravating or mitigating circumstances, the state of relapse, the time that is deducted from the sentence handed down, namely the time that will be deducted from the sentence established in case of cancellation or revocation of the waiver of the punishment or postponement of the application of the sentence, as well as the acts from which results from the period to be deducted. (3) If the court holds in charge of the defendant only some of the facts forming the object of the prosecution, it will be shown in the judgment for which certain facts were handed down the conviction or, as the case may be, the waiver of the application of his sentence the postponement of the application of the sentence and for which facts, the termination of the criminal proceedings 254. In Article 403, a new paragraph (4) is inserted after paragraph 3, with the following contents: "" (4) In the case of waiving the application of the sentence and the postponement of the application of the sentence, as well as in the case of suspension of the execution of the sentence under supervision, the reasons that led to the waiver or postponement or, where the suspension and will show the consequences to which the person against whom these solutions were ordered is exposed if he commits further crimes or, as the case may be, if he fails to comply with the surveillance measures or will not execute his obligations for the duration the term of supervision. ' 255. In Article 404, paragraphs 1 to 3 and 7 are amended and shall read as follows: "" Art. 404. -(1) The device must include the data provided in art. 107 regarding the person of the defendant, the solution given by the court regarding the crime, indicating its name and the text of the law in which it falls, and in case of acquittal or termination of the criminal proceedings, and the case Foundation according to art. 16, as well as the solution given on the resolution of civil action. (. When the court orders the conviction, the operative sentence shall be mentioned in the device. If it has the suspension of its execution, the surveillance measures and obligations, provided for in art. 93 93 para. (1)-(3) of the Criminal Code, which the convict must comply with, shall be considered the consequences of their non-compliance and the commission of new crimes and indicate two entities in the community where the obligation to provide a unpaid community work, provided for in art. 93 93 para. (3) of the Criminal Code, after consulting the list on the concrete possibilities of execution existing at the level of each probation service. The probation counselor, based on the initial assessment, will decide in which of the two institutions in the community mentioned in the court decision are to be executed the obligation and type of activity. When the court orders the educational measure of supervision, the device mentions the person who carries out the supervision and guidance of the minor. (3) When the court orders the application of the sentence, the device shall mention the application of the warning, according to art. 81 of the Criminal Code, and when it orders the postponement of the application of the sentence, the device mentions the established punishment whose application is postponed, as well as the surveillance measures and obligations, provided in art. 85 85 para. (1) and (2) of the Criminal Code, which the defendant must comply with, shall be considered the consequences of their non-compliance and the commission of new crimes, and if he has imposed the obligation to perform unpaid community work, the mentions two entities in the community where this obligation is to be executed, after consulting the list on the concrete possibilities of execution existing at the level of each probation service. The probation counselor, based on the initial assessment, will decide in which of the two institutions in the community mentioned in the court decision are to execute the obligation and type of activity and guidance of the minor. ............................................................................ (7) The device must contain the indication that the decision is subject to appeal, with the appearance of the term in which it may be exercised, the indication of the date in which the decision was delivered and the fact that the delivery was made in public session. " 256. Article 407 is amended and shall read as follows: "" Art. 407 Communication of (1) After delivery, a copy of the minutes of the decision shall be communicated to the prosecutor, the parties, the injured person and, if the defendant is arrested, to the administration of the place of possession, in order to exercise the appeal. If the defendant does not understand the Romanian language, a copy of the minutes of the decision shall be communicated in a language he understands. After drafting the judgment, they shall be notified of the decision in its entirety. (2) If the court ordered the postponement of the application of the sentence or the suspension of the execution of the sentence under supervision, the decision shall be communicated to the probation service and, as the case may be, to the body or obligations ordered by the court. " 257. In Article 409 (1), point c) is amended and shall read as follows: " c) the civil party, with regard to the criminal side and the civil side, and the civilly responsible party, as regards the civil side, and on the criminal side, to the extent that the solution in this side has influenced the solution in the civil; ' 258. Article 412 is amended and shall read as follows: "" Art. 412 Declaring and motivating the call ((. The call shall be declared by written application, which shall contain the following: a) the file number, the date and number of the sentence or the conclusion b) the name of the court which ruled the c) the name, surname, personal numerical code, quality and domicile, residence or dwelling, and the signature of the person declaring the call. (2) For the person who cannot sign, the application will be attested by a Registrar from the court whose decision is attacked or by the lawyer. (3) The unsigned or uncertified call for appeal may be confirmed in the court or by her representative at the first court term with the legal procedure fulfilled. ((4) The appeal shall be reasoned in writing, showing the factual and legal grounds on which it is based. " 259. In Article 420, paragraph 12 is amended and shall read as follows: " (12) The appeal against terminations which, according to the law, can be appealed separately shall be adjudicated in the council chamber without the presence of the parties, who may submit written conclusions, except in cases where the law otherwise provides or those in which the court considers that the public hearing is necessary. " 260. Chapter IV of Title III of the Special Partions becomes Section 1 of Chapter V of Title III of the Special Partions. 261. Sections 1 to 3 of Chapter V of Title III of the Special Partions become Sections 2 to 4 of Chapter V of Title III of the Special Partions. 262. Article 426 is amended and shall read as follows: "" Art. 426 Cases of appeal for annulment Against final criminal decisions, an appeal may be filed for annulment in the following cases: a) when the judgment on appeal took place without the legal citation of a party or when, although legally cited, it was in impossibility to present itself and to notify the court about this impossibility; b) when the defendant was convicted, although there was evidence of a cause of termination of the criminal proceedings; c) when the judgment was rendered by a complete other than the one who took part in the debate on the merits of the process; d) when the court was not composed according to the law or there was a case of incompatibility; e) when the judgment took place without the participation of the prosecutor or the defendant, when it was mandatory, according to the law; f) when the judgment took place in the absence of the lawyer, when the defendant's legal assistance was mandatory, according to the law g) when the court hearing was not public, except when the law provides otherwise; h) when the court did not proceed to hear the defendant present, if the hearing was legally possible; i) when against a person two final judgments were issued for the same act. " 263. In Article 429, paragraph 1 is amended and shall read as follows: "" Art. 429. -(1) The appeal for annulment shall be brought to the court which delivered the judgment the annulment of which shall be required. " 264. In Article 434, paragraph 2 is amended and shall read as follows: " (2) They cannot be attacked with appeal in cassation: a) decisions rendered after the retrial of the case following the admission of the application for revision; b) the decisions rejecting the request to reopen the criminal proceedings in case of trial in absentia; c) decisions rendered in the field of execution of penalties and rehabilitation; d) decisions rendered in the field of rehabilitation; e) the solutions pronounced regarding the crimes for which the criminal action is set in motion on the prior complaint of the injured person; f) the solutions delivered as a result of the application of the procedure for the recognition of g) decisions rendered as a result of admission of the agreement to admit guilt. " 265. In Article 436 (1), point b) is amended and shall read as follows: "b) the defendant, in respect of the criminal side and the civil side, against the decisions ordering the conviction, waiving the application of the sentence or postponing the application of the sentence or termination of the criminal proceedings;" 266. In Article 438 (1), point 1 is amended and shall read as follows: "1. in the course of judgment, the provisions on jurisdiction after the matter or the quality of the person were not observed, when the judgment was carried out by a court lower than the competent legal one;" 267. In Article 438 (1), points 2 to 6, 9, 10, 13 and 14 are repealed. 268. In Article 439, paragraph 1 is amended and shall read as follows: "" Art. 439 439. -(1) The application for appeal in cassation together with the attached documents shall be submitted, accompanied by children for the prosecutor and the parties, to the court whose decision is appealed. " 269. In Article 439, a new paragraph (4 ^ 1) is inserted after paragraph 4, with the following contents: "" (4 ^ 1) If the request for appeal in cassation is not made by means of a lawyer who may draw conclusions before the High Court of Cassation and Justice or is formulated against a decision provided for in art. 434 434 para. ((2), the president of the court or the judge delegated by him to the party, by administrative means, the application for appeal in cassation. " 270. In Article 440, paragraph 2 is amended and shall read as follows: " (2) If the application for appeal in cassation is not made within the period provided by law or if the provisions of art. 434 434, art. 436 436 para. ((1), (2) and (6), art. 437 437 and 438 or if the application is manifestly unfounded, the court shall reject, by final conclusion, the application for appeal in cassation. " 271. In Article 441, paragraph 1 is amended and shall read as follows: "" Art. 441. -(1) The court which accepts in principle the application for appeal in cassation or the panel which judges the appeal in cassation may suspend, in whole or in part, the execution of the judgment, and may enforce the conviction of some of the obligations provided in art. 215 215 para. ((1) and (2). ' 272. In Article 453, paragraphs 3 and 4 are amended and shall read as follows: " (3) The cases referred to in par. ((1) lit. a) and f) may be invoked as reasons for revision only in favour of the convicted person or of the one against whom the application of the sentence or the postponement of the application of the sentence was ordered. (4) The case referred to in paragraph ((1) lit. a) constitutes a reason for revision if on the basis of facts or circumstances we can prove the non-merits of the judgment of conviction, of waiver of punishment, of postponement of the application of punishment or of termination of the criminal proceedings, and the cases provided in par. ((1) lit. b)-d) and f) constitute grounds for revision if they have led to an unlawful or non-judicial decision. " 273. In Article 459, paragraph 1 is amended and shall read as follows: "" Art. 459. --(1) Upon receipt of the request for review, the time limit shall be fixed for the examination of the admissibility in principle of the application for review, the president having the case file attached. 274. In Article 460, paragraph 1 is amended and shall read as follows: "" Art. 460. -(1) With the admission in principle of the application for revision or subsequent to it, the court may suspend motivated, in whole or in part, the execution of the judgment subject to review and may order the convict's compliance with some of the obligations provided in art. 215 215 para. ((1) and (2). ' 275. In Article 465, paragraphs 3, 4 and 12 shall be amended and shall read as follows: " (3) The application for review shall be brought to the court which delivered the judgment the review of which is required. (4) The request for revision may be made at the latest within 3 months from the date of publication in the Official Gazette of Romania, Part I, of the final decision rendered by the European Court of Human Rights. ........................................................................... (12) The judgment is subject to the remedies provided for by the law for the revised judgment. " 276. In Article 466, paragraphs 1 to 3 are amended and shall read as follows: "" Art. 466. -(1) The person definitively convicted who has been tried in absentia may request the reopening of the criminal proceedings within one month of the day he became aware, by any official notification, that a criminal trial has been conducted against him. (2) It is considered judgment in the absence of the convicted person who was not cited at the trial and was not aware in any other official way about it, respectively, although he was aware of the trial, he was unjustifiably absent from the trial of the case and He couldn't take the court. It is not considered judgment in the absence of the convicted person who has appointed an elected defender or a trustee, if they have presented themselves at any time during the trial, nor the person who, after the communication, according to the law, of the sentencing sentence, has not declared the call, gave up his declaration or withdrew his call. (3) For the person definitively convicted in absentia to whom a foreign state ordered the extradition or surrender on the basis of the European arrest warrant, the term provided in par. (1) flows from the date on which, after bringing into the country, the sentencing decision was communicated to him. " 277. In Article 466, a new paragraph (5) is inserted after paragraph 4, with the following contents: "(5) The provisions of the preceding paragraphs shall apply accordingly to the person against whom a decision has been rendered to waive the application of the sentence or to postpone the application of the sentence." 278. In Article 468, paragraph 1 is amended and shall read as follows: "" Art. 468. --(1) Upon receipt of the request for the reopening of the criminal proceedings, the term for the examination of admissibility in principle shall be fixed, the president having the case file attached, as well as the citation of the parties and the main procedural subjects interested. " 279. Article 469 is amended and shall read as follows: "" Art. 469 Adjudicating the request to reopen the process (1) The court, hearing the conclusions of the prosecutor, the parties and the main procedural subjects, shall examine whether: a) the application was made within the period and by a person among those provided in art. 466 466; b) legal grounds have been invoked for the reopening of the criminal proceedings; c) the grounds on which the application is made have not been presented in an earlier application to reopen the criminal proceedings, which has been tried for good. (2) The application shall be examined as a matter of urgency, and if the convicted person is in the execution of the sentence of imprisonment applied in the case whose retrial is required, the court may suspend reasoned, in whole or in part, the execution of the judgment and may order the conviction of one of the obligations provided for in art. 215 215 para. ((1) and (2). If the execution of the prison sentence has not begun, the court may order the conviction of one of the obligations provided for in art. 215 215 para. ((1) and (2). (3) If the court finds that the conditions laid down in paragraph (1), orders by concluding the admission of the request to reopen the criminal proceedings. (4) If the court finds that the conditions laid down in art. 466, orders by sentence the rejection of the request to reopen the criminal proceedings. (5) The conclusion by which the request for reopening of the criminal proceedings is admitted can be appealed with the fund. (6) The decision rejecting the request to reopen the criminal proceedings is subject to the same appeal as the judgment handed down in the absence of the convicted person. (7) Admission of the request for reopening of the criminal proceedings entails the abolition of the judgment rendered in the absence of the convicted person. (8) The court reopens the criminal proceedings by extension and with regard to the non-application parties, and may also decide on them, without being able to create them a harder situation. (9) With the admission of the request to reopen the criminal proceedings, the court, ex officio or at the request of the prosecutor, may order the defendant to be taken against the defendant of one of the preventive measures 202 202 para. ((4), lit. b)-e). The provisions of Title V of the General Part shall apply accordingly. ' 280. In Article 471, paragraph 1 is amended and shall read as follows: "" Art. 471. -(1) In order to ensure the interpretation and application of the law by all courts, the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, ex officio or at the request of the Minister of Justice, The leadership of the High Court of Cassation and Justice or the governing colleges of the courts of appeal, as well as the Ombudsman have the duty to ask the High Court of Cassation and Justice to rule on the matters of law that were resolved differently from the courts. " 281. In Article 473, paragraphs 1, 2 and 9 are amended and shall read as follows: "" Art. 473. -(1) The appeal in the interest of the law shall be adjudicated by a panel of the President of the High Court of Cassation and Justice or, failing that, of the Vice-President of the High Court of Cassation and Justice, the section presidents of the High Court, a number of 14 judges in the section in whose jurisdiction the question of law is entered which has been resolved differently by the courts, as well as 2 judges from the other wards. The president of the panel is the president of the High Court of Cassation and Justice or, in his absence, the vice president of the High Court of Cassation and Justice. (2) If the matter of law is of interest to two or more sections, the President of the High Court of Cassation and Justice shall determine the sections from which the judges who will make up the court panel come. ........................................................................... (9) The appeal in the interest of the law is held before the panel, as the case may be, by the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice or the prosecutor appointed by him, by the judge appointed by the High Court of Cassation and Justice, respectively of the court of appeal, or of the Ombudsman or a representative thereof. " 282. After Article 474 a new article is inserted, Article 474 ^ 1, with the following contents: "" Art. 474 474 ^ 1 Termination or modification of the decision In the event of abrogation, the finding of unconstitutionality or modification of the legal provision that generated the different interpretations and for which an appeal was ruled in the interest of the law, the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice will refer the matter to the High Court of Cassation and Justice with a proposal to amend the decision or, as the case may be, to find the termination of its obligation. Art. 473 473 and 474 shall apply accordingly. ' 283. In Chapter VI of Title III of the Special Book, the name of section 2 is amended and shall read as follows: "" SECTION 2 Referral to the High Court of Cassation and Justice in order to give a prior ruling on the unbundling of questions of law " 284. Article 475 is amended and shall read as follows: "" Art. 475 Object of referral If, in the course of judgment, a full court of the High Court of Cassation and Justice, of the appellate court or tribunal, vested with the settlement of the case as a last resort, finding that there is a matter of law, the clarification of which depends the settlement on the merits of that case and on which the High Court of Cassation and Justice did not state by prior judgment or by an appeal in the interest of the law, nor is it the subject of an appeal in the interest of the pending law, will be able to ask the High Court of Cassation and Justice to pronounce a ruling to give resolution of the principle of the law with which it was notified. " 285. Article 476 is amended and shall read as follows: "" Art. 476 Court proceedings (1) The complaint of the High Court of Cassation and Justice shall be made by the court panel after contradictory debates, if the conditions laid down in art. 475 475, by concluding which is not subject to any remedy. If the complaint is concluded, it will include the reasons for the admissibility of the complaint according to the provisions of art. 475, the view of the court panel and the parties. (2) By the conclusion provided in par. ((1), the case may be suspended until the prior judgment for the unbundling of the question of law is rendered. If the suspension was not ordered with the referral, and the court investigation is completed before the High Court of Cassation and Justice rule on the referral, the court suspends the debates until the decision is delivered. provided in art. 477 477 para. ((1). If the defendant is under house arrest or is remanded in custody, the provisions of art. 208 throughout the suspension. (3) After registration of the case at the High Court of Cassation and Justice, the conclusion of referral shall be published on the website of this court. (4) Similar causes, pending before the courts, may be suspended until the referral is resolved. (5) The distribution of the complaint is made by the president or, in his absence, by one of the vice-presidents of the High Court of Cassation and Justice or by the person appointed by them. ((6) The complaint shall be adjudicated by a complete format of the chairman of the corresponding section of the High Court of Cassation and Justice or by a judge appointed by him and 8 judges of the respective section. The president of the section or, in case of impossibility, the judge appointed by him is the president of complete and will take the necessary measures for the random appointment of the judges. (7) After the composition of the supplement according to par. (6), its chairman shall appoint a judge to draw up a report on the matter of law subject to judgment. The Judge-designate shall not become incompatible. (8) When the matter of law concerns the work of several sections of the High Court of Cassation and Justice, its president, failing that, one of the vice-presidents of the High Court of Cassation and Justice will convey the referral to the presidents Stakeholders in the resolution of the question of law. In this case, the panel will be made up of its president, failing that, from the vice president of the High Court of Cassation and Justice, who will preside over the panel, from the presidents of the sections interested in resolving the question of law, as well as how many 5 judges of the respective sections, randomly appointed by the president of the panel. After the composition of the panel, for the preparation of the report, the president of the panel will designate a judge from each section. The rapporteurs are not incompatible. (9) The report shall be communicated to the parties, which, no later than 15 days after the communication, may submit, in writing, by lawyer or, as the case may be, by legal counsel, their views on the matter of law subject to judgment. (10) 473 473 para. ((5)-(8) shall apply accordingly. ((11) The complaint shall be adjudicated without the citation of the parties, no later than 3 months after the date of the inauguration, and the solution shall be adopted by at least two thirds of the number of the judges No abstentions shall be accepted. " 286. Article 477 is amended and shall read as follows: "" Art. 477 Content and effects of judgment (1) On the complaint, the panel for the unbundling of questions of law shall be ruled by decision only on the matter of law subject to unbundling. (2) Provisions art. 474 474 para. ((3) shall apply accordingly. (3) Unbinding the date of questions of law is mandatory for courts from the date of publication of the decision in the Official Gazette of Romania, Part I. (4) Provisions art. 474 474 ^ 1 shall apply accordingly. ' 287. After Article 477 a new article is inserted, Article 477 ^ 1, with the following contents: "" Art. 477 477 ^ 1 Termination or modification of the decision In the event of abrogation, the finding of unconstitutionality or modification of the legal provision that generated the different interpretations and for which a prior decision was pronounced for the unbundling of some issues of law, the Prosecutor General of the Prosecutor's Office from the High Court of Cassation and Justice will refer the matter to the High Court of Cassation and Justice with a proposal to amend the decision or, as the case may be, to find the termination of its obligation. Art. 473 473 and 474 shall apply accordingly. ' 288. In Article 480, paragraph 3 is repealed. 289. In Article 482, letter h) is amended and shall read as follows: "h) the manner and the amount, as well as the form of execution of the sentence or the solution to waive the application of the sentence or to postpone the application of the sentence on which an agreement has been reached between the prosecutor and the defendant;" 290. In Article 485, paragraph 1 is amended and shall read as follows: "" Art. 485. -(1) The court, analysing the agreement, shall pronounce one of the following a) admits the agreement to admit guilt and has one of the solutions provided by art. 396 396 para. ((2)-(4), which cannot create for the defendant a situation harder than that on which an agreement has been reached, if the conditions laid down in art. 480 480-482 on all the facts retained in charge of the defendant, who were the subject of the agreement; b) reject the agreement to recognize the guilt and send the file to the prosecutor in order to continue the prosecution, if the conditions provided for in art. 480-482 on all the facts retained in charge of the defendant, who were the subject of the agreement, or if they appreciate that the solution on which an agreement has been reached between the prosecutor and the defendant is unduly mild in relation to the gravity the offender's crime or danger. ' 291. Article 486 is amended and shall read as follows: "" Art. 486 Civil action settlement (1) If the court accepts the agreement to admit guilt and between the parties has concluded the transaction or mediation agreement on the civil action, the court takes note of it by sentence. (2) If the court accepts the agreement to admit guilt and between the parties has not concluded a transaction or mediation agreement on the civil action, the court leaves the civil action unresolved. In this situation, the decision by which the agreement to admit guilt was admitted does not have working authority judged on the extent of the damage to the civil court. " 292. Article 488 is amended and shall read as follows: "" Art. 488 The remedy (1) Against the sentence pronounced according to art. 485, the prosecutor and the defendant can declare appeal, within 10 days of communication. (2) Against the sentence by which the recognition agreement has been admitted, one may declare an appeal only as to the manner and amount of the punishment or the form of its execution. (3) The appeal is quoted as the defendant. (4) The appeal court shall pronounce one of the following: a) reject the appeal, maintaining the judgment under appeal, if the appeal is belated or inadmissible or unfounded; b) admits the appeal, abolishes the sentence by which the recognition agreement was admitted only on the way and amount of the sentence or the form of its execution and pronounces a new decision, proceeding according to art. 485 485 para. ((1) lit. a), which shall apply accordingly; c) admits the appeal, abolishes the sentence by which the recognition agreement was rejected, admits the agreement to admit guilt, the provisions of art. 485 485 para. ((1) lit. a) and art. 486 486 applying properly. " 293. After Article 488 a new chapter is inserted, Chapter I ^ 1 "Contestation on the reasonable duration of the criminal proceedings", comprising Articles 488 ^ 1-488 ^ 6, with the following contents: "" CHAPTER I ^ 1 Appeal for the duration of criminal proceedings Article 488 ^ 1 Introduction of appeal (1) If the activity of prosecution or trial is not met within a reasonable period, the appeal may be appealed, requesting the acceleration of the procedure. (2) The appeal may be brought by the suspect, the defendant, the injured person, the civil party and the civilly responsible party. In the course of the judgment, the appeal can also be brought by the prosecutor. ((. The contestation may be worded as follows: a) at least one year after the start of the criminal investigation, for the cases in the course of the prosecution; b) after at least one year after the arraignment, for the cases in the course of the trial in the first instance; c) after at least 6 months from the court's referral with an appeal, for cases in ordinary or extraordinary remedies. ((. The contestation may be withdrawn at any time until its resolution. The appeal can no longer be reiterated within the same procedural phase in which it was withdrawn. Article 488 ^ 2 Resolution competence (1) The jurisdiction to settle the appeal is as follows: a) in criminal cases in the course of prosecution, to the judge of rights and freedoms from the court to which the jurisdiction would return to judge the case in the first instance; b) in criminal cases in the course of judgment or in appeals, ordinary or extraordinary, the hierarchical court superior to the one on whose role the case is. (2) When the judicial procedure with regard to which the appeal is filed is pending before the High Court of Cassation and Justice, the jurisdiction to settle the appeal belongs to another complete within the same section. Art. 488 ^ 3 Content of appeal The appeal shall be made in writing and shall include: a) the name, surname, domicile or residence of the natural person, namely the name and seat of the legal person, and the quality in question of the natural or legal person who prepares the application; b) the name and quality of the one representing the part in the process, and in the case of representation by lawyer, its name and professional headquarters; c) the mailing address; d) the name of the prosecutor's office or the court and the e) the factual and legal reasons on which the appeal is based; f) date and signature. Art. 488 ^ 4 Procedure for resolving the appeal (1) The judge of rights and freedoms or the court, in order to settle the appeal, has the following measures: a) the information of the prosecutor and the court on whose role the case is concerned, with regard to the appeal made, with the mention of the possibility to formulate a point of view on it; b) the transmission within 5 days of the file or a certified copy of the case file by the prosecutor, respectively by the court on whose role the case is; c) informing the other parties in the process and, as the case may be, of the other persons provided 488 ^ 1 para. (2) with regard to the appeal made and to the right to express its point of view within the time limit granted for this purpose by the judge of rights and freedoms or by the court. (2) If the suspect or defendant is deprived of liberty, in that case or in another case, the information provided in par. ((1) lit. c) will be made both to him and to the lawyer, elected or appointed ex officio, of the latter. (3) Failure to transmit the point of view provided in par. ((1) lit. a) and c) within the time limit set by the court shall not prevent the appeal. (4) The judge of rights and freedoms or the court shall settle the appeal no later than 20 days after its registration. (5) The appeal shall be settled by conclusion, in the council chamber, without the participation of the parties and the prosecutor. Art. 488 ^ 5 Dispute resolution (1) The judge of rights and freedoms or the court, resolving the appeal, shall verify the duration of the proceedings on the basis of the works and the material in the case file and the views presented and shall be pronounced by conclusion. (2) The judge of rights and freedoms or the court, in the assessment of the reasonableness of the duration of the judicial proceedings, shall consider the a) the nature and the subject matter b) the complexity of the case, including by taking into account the number of participants and the difficulties of administering the evidence; c) the extraneity elements of the case; d) the procedural phase in which the cause and duration of the previous procedural phases are located; e) the objector's conduct in the judicial procedure under consideration, including from the perspective of exercising his procedural and procedural rights and from the perspective of fulfilling his obligations in the process; f) the behaviour of the other participants concerned, including the authorities concerned; g) intervention of legislative changes applicable to the case h) other elements likely to influence the duration of the procedure. Art. 488 ^ 6 Solutions (1) When he considers the appeal as being founded, the judge of rights and freedoms or the court admits the appeal and establishes the term in which the prosecutor to solve the case according to art. 327, respectively the court to settle the case, as well as the term in which a new appeal cannot be formulated. (2) In all cases, the judge of rights and freedoms or the court that resolves the appeal will not be able to give guidance nor be able to provide absolution on issues of fact or law that anticipate how to resolve the process or which affects the freedom of the judge of the case to decide, according to the law, on the solution that must be given to the trial, or, as the case may be, to the prosecutor's freedom to pronounce the solution he considers legal and thorough. (3) If the reasonable duration has been found to be exceeded, a new challenge in the same case will be settled with the exclusive consideration of the reasons for the previous challenge. (4) The abuse of law consisting in the rea-faith formulation of the appeal is sanctioned with a judicial fine from 1,000 lei to 7,000 lei and to the payment of the judicial expenses occasioned. (5) The conclusion shall be motivated within 5 days of delivery. The file is returned on the day of motivation. (6) The decision shall be communicated to the objector and shall be sent for information to all parties or persons among those listed in art 488 ^ 4 para. ((1) lit. c), from the case file, which are held to comply with the deadlines contained therein. (7) The conclusion by which the judge of rights and freedoms or the court settles the appeal is not subject to any appeal. ((8) The appeal made with non-compliance with the deadlines provided for in this Chapter shall be returned to the administrative. 294. Article 491 is amended and shall read as follows: "" Art. 491 Representation of Legal (1) The legal person is represented in the performance of procedural and procedural acts by his legal representative. (2) If for the same act or for related acts the criminal action has been set in motion and against the legal representative of the legal person, it shall appoint a trustee to represent it. (3) In the case provided in par. (2), if the legal person has not appointed a trustee, he is designated, as the case may be, by the prosecutor who conducts or supervises the prosecution, by the preliminary chamber judge or by the court, among the practitioners in insolvency, authorized according to law. The insolvency practitioners thus appointed shall, accordingly, apply the provisions of art. 273 273 para. ((1), (2), (4) and (5). ' 295. Article 492 is amended and shall read as follows: "" Art. 492 Place of citation of the legal person (. The legal person shall be quoted at its premises. If the headquarters is fictitious or the legal person no longer operates at the declared headquarters, and the new headquarters is not known, the provisions of art. 259 259 para. ((5) by applying accordingly. (2) If the legal person is represented by trustee, appointed under the terms of art. 491 491 para. ((2) and (3), the citation shall be made at the home of the trustee or at the premises of the insolvency practitioner designated as trustee. " 296. Article 493 is amended and shall read as follows: "" Art. 493 Preventive measures (1) The judge of rights and freedoms, in the course of the prosecution, on the prosecutor's proposal, or, as the case may be, the preliminary chamber judge or the court may order, if there are thorough grounds justifying reasonable suspicion that the person the legal act has committed an act provided for by the criminal law and only to ensure the proper conduct of the criminal proceedings, one or more of the following measures: a) the prohibition of initiation or, as the case may be, the suspension of the procedure of dissolution or liquidation of the b) the prohibition of initiation or, as the case may be, the suspension of the merger, division or reduction of the share capital of the legal person, previously started or in the course of criminal prosecution; c) prohibition of patrimonial operations, likely to train the reduction of the patrimonial asset or insolvency of the legal person; d) prohibition of the conclusion of certain legal acts established by the judicial body e) prohibition of activities of the nature of those on the occasion of which the crime was committed. (2) In order to ensure compliance with the measures provided in (1), the legal person may be obliged to submit a security consisting of a sum of money that cannot be less than 10,000 lei. The bail is returned at the date of final stay of the judgment of conviction, of postponement of the application of the sentence, of waiving the application of the sentence or of termination of the criminal proceedings, rendered in the case, if the legal person complied with the measure or preventive measures, as well as if, by final decision, the payment of the legal person has been ordered. ((3) The case shall not be returned in the event of non-compliance by the legal person with the measure or preventive measures taken, making income to the state budget at the time of the final stay of the judgment in question, as well as whether the payment was ordered from the bail, in the following order, of the money compensation granted for the repair of damages caused by the crime, of the judicial expenses or of the fine. (4) Preventive measures provided in par. ((1) may be ordered for a period of no more than 60 days, with the possibility of extension in the course of the prosecution and maintenance during the preliminary chamber procedure and the judgment, if the grounds that determined their taking are maintained, each extension not exceeding 60 days. (5) In the course of prosecution, the preventive measures shall be provided by the judge of rights and freedoms by reasoned conclusion given in the council chamber, with the citation of the legal person (6) Participation of the prosecutor is mandatory (7) Against the conclusion one can appeal to the judge of rights and freedoms or, as the case may be, to the preliminary chamber judge or superior hierarchical court, by the legal person and prosecutor, within 24 hours of Pronouncement, for those present, and from communication, for the missing legal person. (8) Preventive measures shall be revoked by the judge of rights and freedoms at the request of the prosecutor or the legal person, and by the preliminary chamber judge and by the court and ex officio, only when it is found that there is no longer the grounds that justified the taking or maintenance of these grounds. Provisions of paragraph ((5)-(7) shall apply accordingly. (9) The measures provided for in art. 265 265 and art. 283 283 para. (2), and to the insolvency practitioner, the measure provided for in art. 283 283 para. ((2). (10) Taking preventive measures does not prevent the taking of precautionary measures according to art. 249-256 249-256. " 297. Article 494 is amended and shall read as follows: "" Art. 494 Precautionary measures The legal person may take precautionary measures, the provisions of art. 249 249-256 and art. 549 549 ^ 1 by applying properly. " 298. Article 496 is amended and shall read as follows: "" Art. 496 Effects 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 be obliged to refer the matter to the executing court and to inform the legal person created by merger, absorption or which has acquired fractions of the division of the divided person (2) The legal person resulting from merger, absorption or who has acquired fractions of the patrimony of the divided person takes over the obligations and prohibitions of the convicted legal person, the provisions of 151 151 of the Criminal Code applying properly. " 299. In Article 497, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 497. -(1) The legal person sentenced to the sentence of the fine is obliged to submit the full payment receipt of the fine to the judge delegated with the execution, within 3 months from the final stay of the sentencing decision. (2) When the convicted legal person finds himself unable to pay the full fine within the period provided in par. (1), the judge delegated with execution, at the request of the legal person, may order the payment of the fine for no more than 2 years, in monthly installments. " 300. Article 498 is amended and shall read as follows: "" Art. 498 Implementation of the complementary punishment of the dissolution of the legal person ((1) The copy of the judgment of the sentencing decision shall be communicated, at the date of final stay, by the judge delegated with the execution of the respective legal person, as well as the body that authorized the establishment of the legal entity, which registered the legal person, while requesting information on how to carry out the measure. (2) On the date of the final stay of the judgment on the complementary punishment of the dissolution, the legal person shall enter into liquidation. " 301. In Article 501 (1), a new letter (d) is inserted after point c), with the following contents: " d) the administrator of the electronic procurement system. '; 302. After Article 501 a new article is inserted, Article 501 ^ 1, with the following contents: "" Art. 501 501 ^ 1 Implementation of the complementary punishment of placing under judicial supervision (1) The duties of the judicial trustee on the supervision of the activity of the legal person are contained in the device of the sentencing decision by which the punishment of the placement under judicial supervision (2) The judicial trustee shall not substitute the statutory bodies in the management of the activities of the legal person. " 303. In Article 502, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 502. -(1) An extract of the judgment of conviction which concerns the application of the complementary sentence of the display of the judgment of conviction shall be communicated, at the date of final stay, to the convicted legal person, to display it in the form, place and for the period determined by the court. (2) An extract of the judgment of conviction concerning the application of the complementary sentence of the publication of the judgment of conviction shall be communicated, at the date of final stay, to the convicted legal person, to publish the decision in the form the court, at its own expense, through the written or audiovisual media or through other audiovisual media, designated by the court. " 304. In Article 503, paragraph 2 is amended and shall read as follows: " (2) The complaint of the court is made ex officio by the delegated judge of the enforcement court, according to art. 499-502 499-502. " 305. Article 506 (3) shall be repealed. 306. In Article 506, paragraph 4 is amended and shall read as follows: "(4) By means of the evaluation reference, the requested probation service may make reasoned proposals regarding the educational measures that may be taken towards the minor." 307. Article 506 (5) shall be repealed. 308. In Article 509, paragraph 3 is amended and shall read as follows: " (3) When the defendant is a minor less than 16 years of age, the court, if he considers that the administration of certain samples may have a negative influence on him, may order his removal from the meeting. Under the same conditions can be temporarily removed from the courtroom and parents or guardian, the curator or person in the care or supervision of which the minor is temporarily located. " 309. Article 511 is amended and shall read as follows: "" Art. 511 Implementation of non-custodial educational measures If any of the non-custodial educational measures have been taken towards the minor, after the final stay of the decision a period is fixed for when the minor is ordered to bring the minor, the call of his legal representative, the representative of the probation service for the execution of the measure taken and of the persons designated with its supervision. " 310. Article 512 is repealed. 311. In Article 516, paragraph 2 is amended and shall read as follows: " (2) The replacement of the minor's admission with the educational measure of daily assistance and the release from the educational center at the age of 18 shall be available, according to the provisions of the law on the execution of penalties, by the court in whose Territorial constituency is the educational center, corresponding in the degree of the enforcement court. The return on replacement or release, if it does not comply, in bad faith, the conditions for the execution of the educational measure or the obligations imposed, shall be ordered, ex officio or upon referral of the probation service, by the court that has the case in the first instance. " 312. In Article 523 (1), point e) is repealed. 313. In Article 523, paragraph 2 is amended and shall read as follows: " (2) The activities referred to in par. ((1) lit. a)-c) may be carried out only on the basis of the mandate issued by the judge of rights and freedoms of the competent court to judge the case in the first instance or from the court of execution or by the judge of rights and freedoms of the competent court according to the special law in the case provided for 521 521 para. ((2) lit. c). " 314. Article 524 is amended and shall read as follows: "" Art. 524 Technical supervision, retention, handover and search of correspondence and objects and search in the prosecution procedure (1) Technical supervision, retention, handover and search of correspondence and objects and the search may be ordered, at the request of the prosecutor overseeing the work of the police bodies carrying out the person's pursuit given in tracking, by the judge of rights and freedoms of the competent court, if he considers that the identification, search, location and apprehension of persons given in pursuit cannot be made by other means or would be long delayed. (2) Provisions art. 138-144, respectively art. 147 147 and art. 157 157-160 shall apply accordingly. ' 315. Article 525 is amended and shall read as follows: "" Art. 525 Erection of objects or documents in the following procedure (1) The removal of objects or documents in order to identify, search, locate and catch persons in pursuit may be ordered by the prosecutor who supervises the activity of the police bodies that carry out the data Tracking. (2) Provisions art. 169 169 and 171 shall apply accordingly. ' 316. In Article 526, paragraph 3 is amended and shall read as follows: " (3) The prosecutor who supervises the activity of tracking the person given in the prosecution immediately orders the cessation of surveillance activities taken according to art. 524, informing about this judge of rights and freedoms. " 317. In Article 528, paragraph 2 is amended and shall read as follows: " (2) Upon completion of the 3-year term provided for in art. 150 of the Criminal Code, if the convicted person has not committed another crime, the organ that authorized the establishment of the legal person and the body that registered the legal person will automatically delete the mentions of the sentence imposed legal person. ' 318. In Article 548, paragraph 1 is amended and shall read as follows: "" Art. 548. -(1) International judicial cooperation will be requested or granted in accordance with the provisions of the legal acts of the European Union, international treaties in the field of international judicial cooperation in criminal matters to which Romania is a party, as well as with the provisions contained in the special law and in this Chapter, if otherwise provided for in international treaties. " 319. After Article 549, a new chapter, Chapter IX, is inserted, comprising Article 549 ^ 1, with the following contents: "" CHAPTER IX Procedure for confiscation or abolition of a document in the case of classification Article 549 ^ 1 Procedure for confiscation or abolition of a document in the case of classification (1) If the prosecutor ordered the classification or waiver of the prosecution and referral of the preliminary chamber judge in order to take the measure of safety of special confiscation or the abolition of a document, the ranking ordinance, accompanied by the case file, shall be submitted to the court to which it would return, according to the law, the jurisdiction to judge the case in the first instance, after the expiry 339 339 para. (4) or, as the case may be, art. 340 340 or after the judgment by which the complaint was rejected. (2) The preliminary chamber judge shall communicate to persons whose legitimate rights or interests a copy of the order may be affected, placing them in view that within 10 days of receipt of the communication they may submit written notes. (3) After the expiry of the period provided for in (2), the preliminary chamber judge shall rule on the request by reasoned conclusion, in the council chamber, without the participation of the prosecutor or of the persons referred to in par. (2), may order one of the following solutions: a) reject the proposal and order, as the case may be, the return of the good or the lifting of the precautionary measure taken for confisc b) admits the proposal and orders the seizure of the goods or, as the case may be, the abolition (4) Within 3 days from the communication of the conclusion, the prosecutor and the persons referred to in par. (2) may make, reasoned, contesting. The unmotivated challenge is inadmissible. (5) The appeal shall be settled by the hierarchical court superior to the one referred to or, when the court seised is the High Court of Cassation and Justice, by the competent panel according to the law, which shall rule by reasoned conclusion, without participation of the prosecutor and persons referred to in paragraph (2), may order one of the following solutions: a) reject the appeal as late, inadmissible or unfounded; b) admits the appeal, abolishes the conclusion and rejudges the proposal according to par. ((3). ' 320. In Article 553, a new paragraph (6) is inserted after paragraph 5, with the following contents: " (6) In the case of non-custodial sentences and measures, the judge delegated with the execution of the executing court may delegate some duties to the judge delegated with the execution from the appropriate court to the court of execution in the constituency of which the person in execution lives. " 321. In Article 554, paragraph 2 is amended and shall read as follows: " (2) If the execution of the judgment or in the course of execution arises any doubt or prevention of execution, the judge delegated with the execution may refer the matter to the executing court, which shall proceed according to the provisions of art. 597 597 and 598. " 322. In Article 555, paragraph 1 is amended and shall read as follows: "" Art. 555. -(1) The prison sentence and the punishment of life imprisonment shall be executed by issuing the execution warrant. The execution mandate shall be issued by the judge delegated with the execution on the day of the final stay of the decision at the court or, as the case may be, on the day of receipt of the extract 553 553 para. (3), shall be drawn up in 3 copies and shall include: the name of the court of execution, the date of issue, the data relating to the person of the convict, the number and date of the decision to be executed and the name of the court that pronounced it, the the text of the law applied, the accessory punishment imposed, the time of detention and preventive arrest or of the house arrest, which has been deducted from the duration of the sentence, the mention if the convicted is a repeat offender, as well as, as the case may be, the mention provided in art. 404 404 para. ((6), the arrest and holding order, the signature of the delegated judge, as well as the stamp of the enforcement court. " 323. In Article 556, paragraph 1 is amended and shall read as follows: "" Art. 556. -(1) In order to carry out the execution mandate, two copies shall be sent to the police body from the residence or residence of the convict, and if he does not have his domicile or residence in Romania, the police body within the radius the territorial of which the court of execution is located, when the convict is free, or, as the case may be, when the convict is arrested, the commander at the place of possession. " 324. In Article 556, a new paragraph (1 ^ 1) is inserted after paragraph 1, with the following contents: " (1 ^ 1) If the execution warrant contains material errors, however, it allows the identification of the person for execution, in relation to the identification data of the person existing in the records of the police bodies and the decision the court, the police body executes the judgment, asking, at the same time, to the court for the correction of the material errors noticed. " 325. In Article 556, a new paragraph (2 ^ 1) is inserted after paragraph 2, with the following contents: " (2 ^ 1) The execution mandate or the order prohibiting the leaving of the country may be transmitted to the competent bodies and by fax, electronic mail or by any means able to produce a written document in conditions allowing the authorities It is intended to establish its authenticity. " 326. In Article 557, the marginal name is amended and shall read as follows: " Execution of the warrant for the execution of the sentence and the order prohibiting the leaving of the country. Agreement of the court to leave the country " 327. In Article 557, a new paragraph (10) is inserted after paragraph 9, with the following contents: " (10) During the term of supervision, the supervised person may request the execution court to approve the departure of the territory of Romania according to art. 85 85 para. ((2) lit. i) or art. 93 93 para. ((2) lit. d) of the Criminal Code. The executing court shall settle the application in the council chamber, after hearing the supervised person and the probation counsellor, by final conclusion. If it admits the application, the court shall determine the period for which the supervised person may leave the territory of Romania. " 328. Article 559 is amended and shall read as follows: "" Art. 559 Execution of criminal fines (1) The person sentenced to the sentence of the fine is obliged to submit the full payment receipt of the fine to the judge delegated with the execution, within 3 months from the final stay of the decision. (2) When the convicted one is unable to pay the full fine within the period provided in par. (1), the judge delegated with the execution, at the request of the convict, may order the payment of the fine for a period of no more than 2 years, in monthly installments. " 329. Article 560 (2) is amended and shall read as follows: " (2) The referral of the court is made ex officio or by the body that, according to the law, executes the fine or by the convicted person. When it orders the replacement of the sentence of the fine with the provision of unpaid work for the benefit of the community, the court will mention in the device two entities in the community where the unpaid community work is to be carried out. The probation counselor, based on the initial assessment, will decide in which of the two institutions in the community mentioned in the court decision the obligation and type of activity are to be executed. " 330. Article 562 is amended and shall read as follows: "" Art. 562 Prohibition of the exercise of rights The sentence of prohibition of the exercise of certain rights shall be enforced by the sending by the delegated judge of the court of execution of a copy of the device of the judgment, depending on the rights whose exercise was prohibited, to the person legal or private law legal rights authorised to supervise the exercise of that right. " 331. Article 564 is amended and shall read as follows: "" Art. 564 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. " 332. Article 574 is amended and shall read as follows: "" Art. 574 Execution of special confiscation and extended confiscation The measure of safety of special confiscation or extended confiscation, taken by the judgment of the court, 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 to the bodies in law to take them over or capitalize according to the c) when the confiscation concerns amounts of money that were not recorded at bank units, the judge delegated with the execution sends a copy from 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 the confiscated things was ordered, it is done in the presence of the judge delegated with the execution, drawing up the minutes that are submitted to the case file. " 333. In Article 576, paragraph 2 is amended and shall read as follows: " (2) In the case of obligations provided in art. 85 85 para. ((2) lit. e)-j), in art. 93 93 para. ((2) lit. d) and art. 101 101 para. ((2) lit. c)-g) of the Criminal Code, an extract from the device of the decision shall be sent to the competent body or authority to verify their compliance. " 334. In Chapter III of Title V of the Special Book, the name of Section 1 is amended and shall read as follows: "" SECTION 1 Conviction in the event of cancellation or revocation of the waiver of the postponement of the sentence or postponement of the sentence " 335. After the title of Section 1 of Chapter III of Title V of the special part, a new article is inserted, Article 581 ^ 1, with the following contents: "" Art. 581 581 ^ 1 Cancellation of the waiver of punishment (1) The cancellation of the waiver of the punishment shall be ordered, ex officio or to the prosecutor's referral, by the court that judges or tried in the first instance the crime that attracts the annulment (2) If it finds that the conditions of art. 83 83 para. (3) of the Criminal Code, the court, annulling the application of the sentence, orders the conviction of the defendant for the offence as to which the sentence is waived, sets the sentence for it, then applying, as the case may be, the provisions on the contest of offences, relapse or intermediate plurality. (3) When determining the penalty for the offence of which the application of the sentence is annulled, the court will exclusively consider the individualisation criteria and circumstances because of the original decision. waiver of punishment. Art. 396 396 para. ((10) shall apply accordingly. '; 336. Article 582 is amended and shall read as follows: "" Art. 582 Revocation or cancellation of the sentence (1) On the revocation or cancellation of the postponement of the application of the sentence shall be pronounced, ex officio or at the referral of the prosecutor or the probation counsellor, the court that judges or tried in the first instance the crime that could attract the revocation or cancellation. (2) If until the expiry of the term provided in art. 86 86 para. ((4) lit. c) of the Criminal Code the person on which the postponement of the sentence was ordered did not comply with the civil obligations established by the decision ordering the postponement, the competent probation service notifies the court that ruled in the first the court, in order to revoke it. The referral can also be made by the prosecutor or the interested party, until the expiry of the surveillance deadline. (3) If it finds that the conditions of art. 88 or 89 of the Criminal Code, the court, annulling or, as the case may be, revoking the postponement of the application of the sentence, order the conviction of the defendant and the execution of the sentence established by the postponement decision, then applying, as the case of offences, relapse or intermediate plurality. ' 337. After Article 582, a new section, section 1 ^ 1, is inserted with the following name: "" SECTION 1 ^ 1 Changes in the execution of judgments " 338. Article 583 is amended and shall read as follows: "" Art. 583 Revocation or cancellation of suspension of execution of the sentence (1) Upon revocation or cancellation of the suspension of the execution of the sentence under supervision provided in art. 96 or 97 of the Criminal Code is pronounced, ex officio, at the referral of the prosecutor or the probation counsellor, the court that judges or tried in the first instance the crime that could attract revocation or cancellation. (2) If, until the expiry of the term provided in art. 93 93 para. (5) of the Criminal Code, the convict did not comply with the civil obligations established by the conviction decision, the competent probation service notifies the court that handed down in the first instance the suspension, in order to revoke it. The complaint may also be made by the prosecutor, the probation counselor or the interested party, until the expiry of the term of supervision. " 339. In Article 585, paragraph 1 is amended and shall read as follows: "" Art. 585. -(1) The sentence handed down may be amended, if the execution of the judgment or during the execution of the sentence is found, on the basis of another final decision, the existence of any of the following situations: a) the contest of crimes; b) relapse; c) intermediate plurality; d) acts entering the content of the same crime. " 340. In Article 587, paragraph 4 is amended and shall read as follows: "" (4) A copy of the remaining final judgment shall be communicated to the competent probation service, as well as to the police unit in whose constituency the vacated one lives. " 341. In Article 588, paragraphs 1, 3 and 4 are amended and shall read as follows: "" Art. 588. -(1) On the cancellation of the conditional release provided for in art. 105 105 para. (1) of the Criminal Code is pronounced, ex officio or at the referral of the prosecutor or the probation counsellor, the court that judges or tried in the first instance the crime that attracts the annulment. .......................................................................... (3) The court provided in art. 587 587 para. (1) is also pronounced on the revocation of conditional release, in the situation provided for in art. 104 104 para. (1) of the Criminal Code, upon referral of the probation service, as well as in the case when the court that tried the convict for another offence did not rule on this matter. (4) The court before which the decision has remained final is obliged to communicate to the holding place and to the probation service, when applicable, a copy of the device ordering the revocation of conditional release. " 342. In Article 589 (1), point a) is amended and shall read as follows: " a) when it is found, on the basis of a forensic expertise, that the convicted person suffers from a disease that cannot be treated in the health network of the National Administration of Prisons and which makes it impossible to immediately execute the sentence, if the specificity of the disease does not allow its treatment with the provision of permanent security in the health network of the Ministry of Health and if the court considers that the postponement of execution and leaving at large does not present a In this situation, the execution of the sentence shall be postponed for a specified duration; 343. In Article 590, paragraph 3 is repealed. 344. In Article 591, paragraph 3 is amended and shall read as follows: " (3) The executing court communicates the decision ordering the postponement of the execution of the sentence, on the day of delivery, to the police body designated in the decision to postpone the execution of the prison sentence to take into account the person, the gendarmerie, the police unit in whose constituency the convict lives, the competent bodies to issue the passport, the border bodies, as well as other institutions, in order to ensure compliance with the obligations imposed. The bodies in law refuse to issue the passport or, as the case may be, provisionally lift the passport during the postponement. 345. In Article 592, paragraph 1 is amended and shall read as follows: "" Art. 592. -(1) The execution of the prison sentence or life detention can be interrupted in the cases and under the conditions provided in art. 589, at the request of the persons shown in par. ((3) of the same article, and in the case provided for in art. 589 589 para. ((1) lit. a), and at the request of the prison administration. " 346. In Article 599, after paragraph 4, a new paragraph (5) is inserted, with the following contents: "(5) Further applications for a challenge to enforcement are inadmissible if there is a person's identity, legal basis, reasons and defences." + Title IV Transitional and final provisions Transitional and final provisions + Article 103 Law no. 135/2010 on the Code of Criminal Procedure, published in the Official Gazette of Romania, Part I, no. 486 of 15 July 2010, shall enter into force on 1 February 2014. + Article 104 Except for this Article and Art. 23 23 para. ((5) and (6), which shall enter into force on 30 December 2013, this law shall enter into force on 1 February 2014. ------------- Article 104 has been amended by section 6.6. 2 2 of art. 4 of EMERGENCY ORDINANCE no. 116 116 of 23 December 2013 , published in MONITORUL OFFICIAL no. 837 837 of 24 December 2013. + Article 105 Provisions art. 488 ^ 1-488 ^ 6 of Law no. 135/2010 , with the amendments and completions brought by this law, regarding the appeal regarding the reasonable duration of the criminal proceedings, shall apply only to criminal trials started after the entry into force of Law no. 135/2010 . + Article 106 Joint Regulation of the Superior Council of Magistracy and the Ministry of National Defence art. 32 32 para. ((2) of Law no. 303/2004 , republished, with subsequent amendments and completions, as well as with those brought by this law, will be adopted within 30 days from the entry into force of this law. + Article 107 ((1) Law no. 135/2010 on the Code of Criminal Procedure, published in the Official Gazette of Romania, Part I, no. 486 of July 15, 2010, with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, at the latest on January 15, 2014, giving the texts a new numbering. (2) In addition to the legal provisions on republication, Law no. 135/2010 , republished, will contain in the title distinctly a correlation table between the old numbering contained in Law no. 135/2010 , with the amendments and additions made by this law, and the new numbering contained in Law no. 135/2010 , republished. (3) The normative acts provided for in Title II "Provisions regarding the modification and completion of certain normative acts comprising criminal procedural provisions", with the amendments and completions brought by this law, shall be republished in the Official Gazette of the Romania, Part I, after the entry into force of this law, giving the texts a new numbering. + Article 108 The date of entry into force of this Law shall be repealed Law no. 29/1968 on the Code of Criminal Procedure, republished in the Official Gazette of Romania, Part I, no. 78 of 30 April 1997, as amended and supplemented, and art. III of Law no. 281/2003 on the modification and completion of the Code of Criminal Procedure and special laws, published in the Official Gazette of Romania, Part I, no. 468 468 of 1 July 2003. + Article 109 Article 115 of Law no. 187/2012 for the implementation of Law no. 286/2009 on the Criminal Code, published in the Official Gazette of Romania, Part I, no. 757 of 12 November 2012, shall be repealed. * This law transposes provisions contained in the directives of the European Union, as follows: 1. art. 1 1, art. 2 2 para. ((1)-(5), art. 3 3 para. ((1), (2), (5), (7) and (9) and art. 4 4 of Directive 2010 /64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings, published in the Official Journal of the European Union (JOUE), L series, no. 280 280 of 26 October 2010; 2. art. 3 3, 4, 6, 7 and art. 8 8 para. ((2) of Directive 2012 /13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings, published in the Official Journal of the European Union (JOUE), L series, no. 142 142 of 1 June 2012. 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 p. SENATE PRESIDENT, CRISTIAN-SORIN DUMITRESCU Bucharest, July 19, 2013. No. 255. --------