Law No. 255 Of 19 July 2013

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

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Law No. 255 of 19 July 2013 (* updated *) for the implementation of law No. 135/2010 relating to the code of criminal procedure and the modification and completion of some legislative acts containing the provisions of the criminal procedure law (updated until 28 June 2014)-PARLIAMENT ISSUING — — — — — — — — — — — the Parliament of Romania adopts this law.


Title I General provisions chapter I General provisions subject of the regulation of the subject of the regulation article 1 this law aims at implementing Law No. 135/2010 relating to the code of criminal procedure, by regulating the transitional situations resulting from its entry into force, as well as through the implementation of the provisions of the agreement with its legislation.


Article 2 of this law, the terms and expressions below have the following meaning: a) the criminal procedure code-law No. 135/2010 relating to the code of criminal procedure, as published in the Official Gazette of Romania, part I, no. 486 of 15 July 2010 with the changes and additions brought about by this law;
  

(b)) code of criminal procedure of 1968-law nr. 29/1968 relating to the code of criminal procedure, republished in the Official Gazette of Romania, part I, no. 78 of 30 April 1997, as amended and supplemented;
  

the old law-c) the code of criminal procedure of 1968, as well as any criminal provisions before the entry into force of the present law;
  

d) new law-code of criminal procedure and the provisions of criminal nature, as amended by titles II and III;
  

e) penal code of 1968-law nr. 15/1968 relating to the penal code of Romania, republished in the Official Gazette of Romania, part I, no. 65 of 16 April 1997, as amended and supplemented.
  


Chapter II provisions concerning transitional provisions concerning situations of transitional situations the Law Article 3 shall apply from the new date they force all causes on the judicial role, with the exceptions provided for in the present law.


Article 4 (1) procedural steps be fulfilled prior to entry into force of the code of criminal procedure, while respecting the legal dispositions in force on the date of completion of their own, remain valid, with the exceptions provided for in this law.
  

(2) the invalidity of any act or any work performed before the entry into force of the new law can be invoked only in the conditions of the code of criminal procedure.
  

(3) in cases pending at the date of entry into force of the new law, violation of, in the course of criminal proceedings, of the legal provisions concerning the compulsory presence of the defendant or accused of assisting their times by Defender may be invoked until the start of the debate.
  


Article 5 (1) Causes during the prosecution placed after the entry into force of the new law shall remain within the competence of the organs of criminal appellate legal and should be dealt with according to its causes, with the exception of the military and the Prosecutor's jurisdiction sections within the competent military prosecutors.
  

(2) referral to the Court in the cases referred to in paragraph 1. (1) shall be made according to the rules of jurisdiction of the law.
  

(3) The judgment of the causes and the solution proposals, appeals, complaints, or any other application in which the prosecution was conducted by the National Anti-corruption Directorate according to the old law, as well as those who remained within its competence under the conditions of paragraph 1. (1) prosecutors, the Directorate participates in national anti-corruption.
  


Article 6 (1) causes the pending judgment in the first instance to the date of entry into force of the new law in which no judicial investigation began deciding by the competent court in accordance with the new law, according to the rules laid down in the same law.
  

(2) In the situation referred to in paragraph 1. (1) the Court's role, the judge sends a preliminary room to proceed under art. 342-348 of the code of criminal procedure, or, where appropriate, a decline in favour of the competent body.
  


Article 7 Causes pending judgment in the first instance in which a judicial investigation began before entry into force of the new law remain the responsibility of the same court, the judgment will be carried out according to the new law.


Article 8 Decisions handed down at first instance following the entry into force of the new law are subject to appeal, the terms and conditions governing the exercise thereof, as provided by law.


Article 9 (1) Sentences subject to appeal under the old law, ordinary in respect of which the time limit for the filing of a declaration of ordinary appeal not expired at the date of entry into force of the new law, are subject to appeal. The call by the competent court judge according to the law, according to the new rules laid down in the same law.
  

(2) applications for appeal against judgments referred to in paragraph 1. (1) filed before entry into force of the new law will consider requests.
  

(3) in the case referred to in paragraph 1. (1) the term for declaring the appeal shall be calculated according to art. 363 of the code of criminal procedure since 1968.
  

(4) Decisions issued pursuant to paragraph 1 dealt with calls. (1) are final, pursuant to article. 552 of the code of criminal procedure.
  

(5) Sentences that ordered, according to the old law, restitution case attorney about the term not to appeal expired on the date of entry into force of the new law are subject to appeal, according to art. 347 paragraph 1. (1) of the code of criminal procedure.
  

(6) the appeal referred to in paragraph 1. (5) the judge shall decide by a preliminary Chamber of the hierarchically superior court than that which it is incumbent upon us, according to the law, jurisdiction to jurisdiction at 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 judgments referred to in paragraph 1. (5), filed before entry into force of the new law, it will consider the appeal.
  

(8) the date of Declaration of the opposition as provided for in paragraph 1. (5) it shall be calculated according to art. 332 paragraph 1. 4 of the code of criminal procedure of 1968.
  


Article 10 (1) Calls pending judgment from the date of entry into force of the code of criminal procedure by the same resolve, according to the new provisions of the law relating to appeals.
  

(2) Appeals pending at the date of entry into force of the code of criminal procedure, which has been declared against judgments for that old law does not provide for appeal of the appeal, it is settled by the same court, in accordance with the provisions of the new law regarding the call.
  

(3) the decisions handed down in settled pursuant to paragraph 1 calls. (1) and (2) are definitive, pursuant to article. 552 para. (1) of the code of criminal procedure.
  

(4) the Appeals court pending the entry into force of the code of criminal procedure, which has been declared against the verdicts returned by reason of the Prosecutor, it resolves in accordance with the new law on the opposition by the judge at the preliminary court room hierarchically superior to that to which he would return to the jurisdiction to jurisdiction as to the merits or, as the case may be, by the competent Panel of the High Court of Cassation and justice.
  


Article 11 (1) Decisions handed down in appeal before the entry into force of the code of criminal procedure in respect of which the time limit for declaration of the ordinary remedies provided for in the earlier law had expired after the entry into force of the new law are subject to appeal in cassation.
  

(2) in the cases referred to in paragraph 1. (1) the term of 30 days to appeal in cassation flows as follows: a) from the date of entry into force of the code of penal procedure, for the Prosecutor and to the parties with respect to the previous law did not provide for the obligation of communication of the decision, as well as to the parties to whom the decision has been communicated to them before entry into force of the code of criminal procedure;
  

b) from the date of communication, for the parties to which the decision was notified after the date of entry into force of the code of criminal procedure.
  

(3) applications for appeal against the decisions referred to in paragraph 1. (1), filed before entry into force of the new law, will consider requests for appeal in cassation.
  

(4) the resolution of the appeal in cassation is subject to the provisions of the code of criminal procedure.
  

(5) the decisions referred to in paragraph 1. (1) shall become definitive after the entry into force of the code of criminal procedure.
  


Article 12 (1) Appeals court pending the entry into force of the new law, which has been declared against the judgments that have been subject to the old law, call shall remain in the competence of courts and judges is the same according to the provisions of the old law on the appeal.
  

(2) in the case referred to in paragraph 1. (1) by way of derogation from article. 552 para. (1) of the criminal procedure code, the Court of Appeal judgment remains the definitive date of resolution of the appeal, if it was rejected or accepted and the process ended in the Court of appeal.
  


(3) the judgments in appeal adjudicated pursuant to paragraph 1. (1) may not be appealed in cassation appeal.
  


Article 13 final Decisions before entry into force of the new law may not be subject to appeal in cassation in the new law.


Article 14 (1) of the retrial the Court whose decision was abolished by the competent court times, ordered after the entry into force of the code of criminal procedure, takes place under the new law.
  

(2) in cases in which the review was ordered before entry into force of the code of criminal procedure, article 4. 5-10 shall apply accordingly.
  


Article 15 (1) complaints against the Prosecutor of solutions delivered to court, on the role of the courts on the date of entry into force of the new law, continues to have jurisdiction by the courts according to the old law, according to the rules laid down in the same law.
  

(2) in the cases referred to in paragraph 1. (1), the Court admitting the complaint and adjudication withheld under article towards the cause. 278 ^. (8) (a). c) of the criminal procedure code since 1968 do properly the provisions of art. 341 para. (7) section 2 of the criminal procedure code, with regard to the evidence and criminal acts. Completion is subject to appeal under the law us.
  

(3) the judgment delivered solutions in respect of which the time limit for the formulation of the complaint to the Court has not expired at the date of entry into force of the new law are subject to the complaint from the judge of preliminary room, under the conditions provided for in art. 340 of the code of criminal procedure. The complaint according to the new law is settled.
  


Article 16 (1) developing preventive measures of execution after the entry into force of the new law continues to remain for the duration for which they have been prepared under the old law. At the end of that lap times, preventive measures may be extended, where appropriate, times, revoked or replaced by another preventive measure, under the new law.
  

(2) upon expiry of the preventive measure obliging not to leave the locality of borders not to leave the country, running from the date of entry into force of the new law, the accused may be taken against any of the precautionary measures provided for in the new law.
  

(3) in cases pending at the date of entry into force of the new law, preventive measure obliging not to leave the locality times that of borders not to leave the country, in the course of enforcement, remains within the time granted judgment in question, when the Court may take against the accused any of the precautionary measures provided for in the new law.
  


Article 17 (1) Proposals, applications or any other causes on taking, extension, termination, revocation or replacement of preventive measures during criminal proceedings, which are pending at first instance following the entry into force of the new law, it is settled by the judge competent for rights and freedoms according to law, according to the new rules laid down in the same law.
  

(2) Appeals pending at the date of entry into force of the new law, which has been declared against the discharges during the criminal investigation concerning preventive measures, remain in the competence of courts and judges is the same according to the rules laid down by the law. If the Court admits appeal and casează conclusion, shall give the retrial according to the law, we can take any of the precautionary measures provided for in it.
  


Article 18 Appeals pending at the date of entry into force of the new law, which has been declared against the discharges through which, in the course of the judgment, it was willing to be taken, the maintenance, revocation, replacement or termination of preventive measures, remain in the competence of courts and judges is the same according to the rules laid down by the law. If the Court admits appeal and casează conclusion, shall give the retrial according to the law, we can take any of the precautionary measures provided for in it.


Article 19 when, during the process, it appears that in regards to a previously committed acts entry into force of the penal code shall be applicable the provisions of art. 18 ^ 1 of the penal code since 1968, as a more favourable criminal law, the Prosecutor has to be classified, and the Court has the payment, under the code of criminal procedure.


Article 20 (1) the date of entry into force of this law, the Military Court and the Military Prosecutor of the military court in Bucharest is dissolved.
  

(2) occupied Posts and the staff of the public prosecutor of the military tribunal and the military court in Bucharest Military transfer to Bucharest territorial High Court or, where appropriate, the Military Prosecutor of the military court in Bucharest, and Territorial vacancies, as required, may be transferred to other military courts or public prosecutor's offices. Persons occupying leadership positions at the Court or Prosecutor's Office abolished shall be transferred on the run from stations to the territorial Military Court of Bucharest or, where appropriate, to the Military Prosecutor's Office attached to the territorial Military Court of Bucharest.
  

(3) the premises and material facilities of the Bucharest military tribunal and the Military Prosecutor of the military court in Bucharest will be defrayed by redistribution of the territorial Military Court of Bucharest Military Prosecutor respectively of the territorial Military Court of Bucharest.
  

(4) on the abolition of the Military Court in Bucharest, Bucharest territorial High Court changed its name to the Bucharest military tribunal, and the Military Prosecutor's Office of Bucharest territorial High Court changed its name to the Military Prosecutor of the military court in Bucharest.
  

(5) by applying the provisions of paragraph 1. (1) to (4), military courts Bucharest, Cluj, Iasi and Timisoara become equivalent to the degree of the courts.
  

(6) the staff of the military courts Bucharest, Cluj, Iasi and Timisoara which has professional grade of court acquires after the entry into force of the present law, professional degree of court, as well as their rights and obligations. Posts from the military courts, Iaşi and Timişoara deals under the conditions provided for in art. 48 of law No. 303/2004 on the status of judges and prosecutors, republished, with subsequent amendments and additions.
  

(7) the staff of the military prosecutor's Office attached to military courts Bucharest, Cluj, Iasi and Timisoara which has professional grade of flooring besides Court acquires after the entry into force of this law, the professional degree of parquet from near the courthouse, as well as the rights and obligations relating thereto. Posts from the military public prosecutor's Office attached to military courts, Iaşi and Timişoara deals under the conditions provided for in art. 49 of law No. 303/2004, republished, with subsequent amendments and additions.
  

(8) new member functions and personnel for the military tribunal and the Military Prosecutor for the Court of military order is hereby approved in Bucharest of the Minister of Justice and Minister of national defense, with the assent of the Superior Council of Magistracy.
  


Article 21 (1) Causes on the role of the military tribunal of Bucharest, which is dissolved will be taken administratively, within 3 days from the date of entry into force of this Act, the Territorial Military Court of Bucharest, renamed in accordance with art. 20 paragraph 1. (4) that continue their settlement.
  

(2) causes the developing settlement at the Military Prosecutor's Office attached to the Bucharest military tribunal, which shall be dissolved, will be taken administratively, within 3 days from the date of entry into force of this law, the public prosecutor of the military court in Bucharest territorial high, renamed according to art. 20 paragraph 1. (4) that continue their settlement.
  


Article 22 whenever other normative acts, with the exception of law No. 286/2009 relating to the penal code, with subsequent amendments and additions to law No. 135/2010 relating to the code of criminal procedure, law No. 254/2013 relating to the execution of the sentences and custodial measures ordered by the judicial bodies during the criminal trial, the law No. 253/2013 relating to the enforcement of sentences, educational measures and other measures ordered by the judicial bodies during the criminal trial, the non-custodial and law No. 252/2013 on organisation and functioning of the probation system, refer to the measure of preventive arrest, citation shall be deemed to be made and the measure of arrest at home.


Article 23 (1) applications, complaints and referrals introduced within 6 months from the date of entry into force of law No. 286/2009, as amended and supplemented, with the object of application of art. 4 and 6 of this Act in the case of final judgements before entry into force, they shall be settled after the procedure laid down in this article, which is supplemented by the provisions of the code of criminal procedure.
  


(2) applications, complaints and referrals concerning persons in the execution of punishment and custodial educational measures shall resolve the emergency and, in particular, by the appropriate court in the enforcing court degree in whose constituency lies the place of detention or, where appropriate, the educational centre of re-education centre. The provisions of this paragraph shall also apply with regard to applications, appeals and complaints concerning persons in delaying or interrupting the execution of sentences or educational measures.
  

(3) in the cases referred to in paragraph 1. (2) If, according to the code of penal procedure, competence would revert multiple instances of different degree, the power to resolve the cause on all incidents to execution in the same person reverts the Court superior in grade.
  

(4) the Court with respect to the circumstances referred to in paragraph 1. (2) examine and resolve, on its own initiative, regarding the same person, any necessary matters to settle the case.
  

(5) the commissions set up on the basis of the governmental decision nr. 836/2013 on formation and powers of the boards of evaluation of the incidence of the more favourable criminal law enforcement in the case of persons who in the execution of the sentences and custodial educational measures in relation to the new regulations of the criminal procedure law and criminal matter to a Court of competent jurisdiction in situations where at least one of their members that the provisions of article 4 shall apply. 4 of art. 6 of law No. 286/2009, as amended and supplemented.
  

(6) where it considers that execution of the penalty is to cease during the month of February 2014, refer the matter to the competent court committees, according to this article at least 15 days before the date of entry into force of the code of criminal procedure.
  

(7) Requests, complaints and appeals concerning persons state of freedom deciding by the enforcing court.
  

(8) in all cases covered by paragraph 1. (1) the procedure is carried out without the participation of the Prosecutor, the sentenced person to whom shall the term of the settlement and the possibility to formulate conclusions by, and without the participation of the detainee's lawyer. The device shall be notified to the Prosecutor and judgment only on the day of pronouncement.
  

(9) a judgment can be appealed to the superior court cannot be appealed, within 3 days of receipt.
  

(10) the opposition is a completely solves consisting of a judge, the Prosecutor and the sentenced person summoning, in open court.
  

(11) a judgment by which the applicability of art. 4 or article 11. 6 of the penal code and ordering the release of the detainee is enforceable. Appeal shall not suspend the execution and resolve within 3 days.
  

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Art. 23 was amended by section 1 of article. 4 of the EMERGENCY ORDINANCE nr. 116 of 23 December 2013, published in MONITORUL OFICIAL nr. 837 of 24 December 2013.


Article 24 of the criminal procedure Provisions special laws are supplemented by those of the code of criminal procedure.


Title II provisions concerning the modification and completion of some legislative acts containing the provisions of the criminal procedure provisions concerning the modification and completion of some legislative acts containing the provisions of the penal procedure law, Article 25 article 8 of Act No. ^. 17/1990) relating to the legal regime of inland maritime waters, territorial sea, contiguous zone and the exclusive economic zones of Romania, republished in the Official Gazette of Romania, part I, no. 765 on October 21, 2002, with amendments and additions thereto, shall be amended and shall read as follows: Art. 48 ^ 8. -In the case of offences referred to in articles. 48 ^ 1, prosecution of and keep returning the bodies of criminal prosecution. "


Article 26 in article 282 of the companies Act ^ 1 No. 31/1990, republished in the Official Gazette of Romania, part I, no. November 17, 2004 1,066, with amendments and additions thereto, is hereby repealed.


Article 27 law. 11/1991 on combating unfair competition, as published in the Official Gazette of Romania, part I, no. 24 of 30 January 1991, with amendments and additions thereto, shall be amended as follows: 1. In article 7, paragraph 1 shall read as follows: Art. 7.-Actions of a springing an act of unfair competition within the competence of the Court of the place of the offence or in whose territorial RADIUS is found on the seat of the defendant; in the absence of a competent tribunal Office is the domicile of the defendant. "
2. Article 8 shall read as follows: Art. 8.-criminal proceedings in the cases provided for in article 10. 5 put in motion prior to the complaint of the injured person, the date of referral to the Chamber of Commerce and industry or other professional organizations or persons authorized by the Council referral competition.
Pursuant to this law, the competition Council will have powers under article 4. 33-38 and 40 of the law on competition no. 21/1996, republished, with subsequent amendments and additions. "
3. Articles 9, 10, 11, 12 and 13 shall be repealed.


Article 28 law. 50/1991 authorizing execution of construction works, republished in the Official Gazette of Romania, part I, no. 933 of 13 October 2004, with amendments and additions thereto, shall be amended and shall be completed as follows: 1. According to article 24, insert a new article, article 24 ^ 1 with the following content: "Art. 24 ^ 1. -(1) a court judgment by which, through the Fund, can resolve features in the provisions of the employment authorization or dismantling of constructions carried out wrongful.

(2) the Prosecutor or the Court may order, ex officio or upon request, pausing execution throughout the criminal process. "
  

2. In article 32, paragraph (4) is amended and shall read as follows: "(4) in the cases referred to in article 1. 24, the control will be able to ask for judicial organs to order measures referred to in paragraph 1. 1. the competent control bodies under the law may require the appellate prosecution authorities and, where appropriate, the Court is entitled to refer to pausing execution throughout the criminal process. "


Article 29 law No. 51/1991) on the safety of Romania, published in the Official Gazette of Romania, part I, no. 163 of 7 august 1991, as amended, is modified and completed as follows: 1. the title of the law is amended and shall read as follows: "REGULATIONS relating to the national security of Romania" 2. Throughout the law, the phrase "national security" shall be replaced by the phrase "national security".
3. After article 12 shall be entered ten new articles, articles 12 ^ 12 ^ 1-10, with the following content: "Art. 12 ^ 1. -In the cases referred to in article 1. 3 organs with powers in matters of national security may, in accordance with the law on the organisation and operation thereof: to ask) and to obtain the objects, documents or official relations of the authorities or public institutions, i.e. to request legal person of private or from individuals;
  

b) to consult specialists times experts;
  

c) to receive complaints or notes of relationships;
  

d) to fix some operative shooting moments by shooting or by other technical means to conduct personal findings, regarding the activities carried out in public places, if such activity is carried out on an occasional basis;
  

e) require the obtaining of data generated or processed by providers of publicly available electronic communications networks of the time providers of publicly available electronic communications, other than content, and detained by them according to the law;
  

f) to carry out specific information collection activities involving restriction of the exercise of certain rights or fundamental liberties are carried out in compliance with legal provisions.
  

Art. 12 ^ 2. -Specific information collection Activities involving restriction of the exercise of certain rights or fundamental freedoms shall be made only in situations where there is: (a)) other possibilities often are limited possibilities for knowledge, preventing or countering risks times national security threats;
  

b) these are necessary and proportionate, given the circumstances of the concrete situation;
  

c) was obtained the authorization provided for by law.
  

The specific activities provided for in paragraph 1. 1 may consist in: (a) the interception and recording of communications), carried out in any form;
  

b) searching for information, documents or records to which access is required in obtaining a place at an object opens the object;
  

c) rise and replace the object or document, examining him, extracting the information contained therein, as well as recording, copying or obtaining extracts by any processes;
  


d) installation, maintenance and lifting them from the places in which they were submitted, through the shooting, shooting or by other technical means, made finding personal times systematically in a public place or in any manner in private places;
  

e) locating, tracking and obtaining information by GPS or by other technical means of supervision;
  

f) postal interception, picking up and replace the them, examining them, extracting the information that they contain, as well as recording, copying or obtaining extracts by any processes;
  

g) obtaining information relating to financial transactions or financial data of a person under the law.
  

Art. 12 ^ 3. -Proposal for the approval of some of the activities referred to in article 1. 12 ^ 2 (2). 2 to formulate in writing and must include: the name and function of the person) submitting the proposal;
  

b date and place of issue) of the proposal;
  

c) data or information indicating the existence of a threat to national security, by presenting the facts and circumstances on which it is based the proposal;
  

d) motivation for requiring specific activities;
  

e) categories of activities for which it is proposed to request authorisation;
  

f) if it is necessary the consent of penetration in private spaces for performance of specific activities;
  

g) period for which it is proposed to request authorisation;
  

h) identity of the person subject to the measure, if known;
  

I) place of activities proposed to be carried out, if it is known.
  

The proposal shall be submitted to the general prosecutor's Office of the High Court of Cassation and justice, and is examined in terms of legality and determination within 24 hours of the posting times immediately in cases of particular urgency, the prosecutors appointed by it.
If it considers that the proposal is not justified, the Prosecutor rejects Ordinance motivated, giving it as soon as the body that formulated it.
If it considers that the proposal is grounded and met the conditions prescribed by law, the Attorney general's Office of the High Court of Cassation and justice or the law of his or her substitute shall request in writing the President of the High Court of Cassation and justice, authorizing the proposed activities.
The request must contain the information referred to in paragraph 1. 1. the application shall be examined, emergency, in Council, one of the judges specifically designated by the President of the High Court of Cassation and justice.
Where the judge, examining the request, it considers that there is sufficient information, require supplementation without delay, in writing, of the arguments presented.
Art. 12 ^ 4. -If the request for extension of authorization, the application shall be drawn up in accordance with article 12 ^ 3, which shall apply accordingly, together with the request for an extension of their authorisation, with the presentation of the reasons justifying the extension.
Art. 12 ^ 5. -If the judge finds that the request is justified and necessary activities under the terms of art. 12 ^ 2 (2). 1, has the authorization, by a reasoned conclusion, which should include: a) the name of the Court, the date, time and place of issue;
  

b) data and information indicating the existence of a threat to national security, through the presentation of facts and circumstances which justify the measure;
  

c specific activities authorized) of those referred to in article 1. 12 ^ 2 (2). 2;
  

d) identity of the person is affected by specific activities by restricting fundamental rights and freedoms, if known;
  

e) carrying out activities authorized;
  

f) natural or legal persons who are required to assist in the performance of authorized activities;
  

g) to specify the place or localities where the authorized activities, if they are known;
  

h) period of validity of the authorization.
  

The judge shall issue a warrant, comprising the particulars referred to in paragraph 1. and (b). ) and c-h)).
In situations where it is necessary to authorise new activities than their initial deployment in other places or localities, if known, of the time when changes of numbers, the mandate originally to be completed properly, the application of the procedure laid down in article 21. 12 ^ 3.
The duration of validity of the authorisation is required for the activities the conduct thereof, but not more than 6 months. The authorization may be extended under the same conditions, for duly justified reasons, each extension may not exceed 3 months. The maximum duration of authorisations in respect of the same facts indicating the existence of a threat to national security is two years. Specific activities to an end before the expiry of the duration for which they are authorized, once they have ceased the reasons they have demonstrated.
Art. 12 ^ 6. -If the judge finds that the claim is not justified, rejects by reasoned conclusion. The conclusion is final.
A new authorization concerning the same person may be applied for and issued only if the application is based on new data and information and in compliance with the provisions of art. 12 ^ 12 ^ 3-5.
Art. 12 ^ 7. -When the delay to obtain the authorisation would seriously prejudice the purpose of the specific activities required, they may be carried out with the authorization of the public prosecutor, for a period not exceeding 48 hours, and the judge's authorization should be required, as soon as it is possible, but not later than the expiry of that period. The judge shall decide on the request immediately.
Where the judge considers that it is necessary to the continuation of the activities referred to in paragraph 1. 1, article 4. 12 ^ 12 ^ 3-5 shall apply accordingly.
If the judge considers that no longer requires the continuation of the activities referred to in paragraph 1. 1, making them and the preservation of materials obtained or, where appropriate, terminate immediately, and destruction of materials obtained within a maximum of seven days. A copy of the minutes shall be forwarded to the judge concerning the destruction.
Art. 12 ^ 8. -Persons who constitute approval, authorizes, supports putting into execution or execution of authorization shall receive the protection of the law and are bound to secrecy on the data and information which they acquire knowledge on this occasion and to observe the legal provisions on the protection of classified information.
The bodies that run activities, shall be obliged to immediately interrupt them when they have grounds justified ceased and to inform about it on the Attorney general's Office of the High Court of Cassation and justice. The Attorney general's Office of the High Court of Cassation and justice shall inform the High Court of Cassation and Justice about discontinuing the activities authorized when the grounds for justified them ceased.
The same bodies are obliged to notify in writing to the Attorney general's Office of the High Court of Cassation and Justice on the outcome of the activities authorised by warrant and of the measures taken, in accordance with the law.
The procedure for approval of specific activities, as well as authorized activities are carried out in compliance with the legal provisions concerning the protection of classified information.
Art. 12 ^ 9. -Data and information of interest to national security resulting from activities authorised if indicates preparation or committing a criminal law facts, are retained in writing and forwarded to the prosecuting authorities, according to art. 61 of the code of criminal procedure, together with the mandate issued to them, plus the declassification proposal, where appropriate, in whole or in excerpt, under the law of mandate. Talks and/or communications intercepts, rendered in writing, and/or recorded images will be transmitted to the prosecution bodies in full, accompanied by original digital content.
If the data and information resulting from the activities of authorized are not sufficient for referral to the prosecuting bodies, nor does it justify the further deployment of information on that person, the order of the ruler of this State body with powers in matters of national security requires notification of the person whose rights or freedoms have been affected by the activities authorized with regard to the activities undertaken towards this and periods in which it was held.
Notification referred to in paragraph 1. 2 will be made if: (a)) could lead to the endangerment of the completion of the job duties of the State bodies involved in the field of national security by revealing their sources, including the security and intelligence services of other countries;
  

b) could affect the defense of national security;
  

c) might prejudice the rights and freedoms of third parties;
  


d) could lead to the unveiling of the methods and means, including special investigative techniques used in the concrete case of State bodies involved in the field of national security.
  

Art. 10 ^ 12. -Any person who considers himself aggrieved in its fundamental rights or freedoms as a result of specific information collection activities performed by the law enforcement information or those with powers in matters of national security can address, according to the law, parliamentary or judicial bodies, thus: a) to pursue commissions parliamentary control, according to the laws of organization and functioning of the organs of information or those with powers in matters of national security;
  

(b)) the Court, in accordance with the 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 modifications and completions;
  

c) courts, to repair damage suffered material and moral, according to civil law;
  

d) judicial, by lodging in complaints and remedies according to the code of criminal procedure;
  

e) other judicial bodies or committees, according to the procedures stipulated by the law. "
  

4. Articles 13-15 is hereby repealed.
5. Article 20 is amended and shall read as follows: Art. 20.-, without authorisation, of specific activities information collection subject to authorisation under this law or in excess of authorization granted shall be punished with imprisonment from 2 to 7 years, if the deed does not constitute a more serious offense.
The same punishment shall be imposed and official deed which disclose, refuse or impede, in any way, performing the mandate issued under this law.
The attempt is punishable. "


Article 30 law No. 14/1992 on the organisation and functioning of the Romanian Intelligence Service, published in the Official Gazette of Romania, part I, no. 33 of 3 March 1992, with subsequent amendments and additions shall be amended as follows: 1. Article 9 shall read as follows: Art. 9.-in order to establish the existence of threats to national security, as referred to in art. 3 of law No. safety 51/1991 a României, with subsequent amendments, may be done by intelligence services, while respecting the rule of law, checks: to request and obtain) the objects, documents or official relations of the authorities or public institutions, namely the request from a legal person under private or from individuals;
  

b) consultation specialists times experts;
  

c) receiving complaints or notes of relationships;
  

d) fixing the operative times through shooting, shooting or by other technical means, or personal findings, regarding the activities carried out in public places, if it is not carried out systematically;
  

e) getting data generated or processed by providers of publicly available electronic communications network or service providers of publicly available electronic communications, other than content, and detained by them according to law.
  

Romanian intelligence service carried out by specialized laboratories and specialists ' own findings prepared or required under the law. "
2. Article 10 shall read as follows: Art. 10.-In situations constituting threats to national security, the Romanian intelligence service, through frames designated for that purpose, carry out activities specific to the collection of information involving the restriction of the exercise of certain rights or fundamental freedoms, carried out according to the procedure laid down in law No. 51/1991, as amended, which shall apply accordingly.
Specific information collection activities, specified in paragraph 2. 1, are controlled by Parliament, within the limits and under the conditions prescribed by law. "
3. Article 11 shall read as follows: Art. 11.-where specific activities from the checks provided for in article 10. 9 and 10 result data and information showing the preparation or committing a criminal acts provided for by the law, they are forwarded to the prosecuting authorities under the conditions laid down in articles 81 and 82. 61 of the code of criminal procedure. "


Article 31 law No. 83/1992 concerning the urgent procedure tracking and adjudication for corruption offences, some of which was published in the Official Gazette of Romania, part I, no. 173 of 22 July 1992, is hereby repealed.


Article 32 of the law on notaries public and notarial activity no. 36/1995, republished *) in the Official Gazette of Romania, part I, no. 72 from February 4, as amended, is modified and completed as follows: 1. In article 41 (1), subparagraph (f)) is amended and shall read as follows: "(f)) when final judgment through was willing to defer application of condemnation or punishment for committing an offence or in connection with the service or with the intent of committing a further offence;"
2. In article 41, after paragraph 2, insert a new paragraph, (2 ^ 1), with the following contents: (2 ^ 1) notary public can be maintained at work where, for an offence committed through negligence, it was willing to postpone the application of the death penalty, suspended the death penalty, capital punishment has been applied to fine or it has benefited from the Amnesty pardons before the start times of execution of the death penalty and considers that the Act is committed has not encroached on the prestige of the profession. "
3. In article 42 (1), subparagraph (g)) is amended and shall read as follows: "(g)) where it was against public notary took the measure of pre-trial detention or arrest at home, until the termination of the measure;"


Article Act No. 33. 80/1995 on the status of the military, which has been 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. In article 85 (1), subparagraph (k)) shall read as follows: ") when, for an offence committed through negligence, were applied by court order the suspension of the sentence under supervision of the fine, as well as in cases when you have benefited from amnesty or pardon before the beginning of the sentence;"
2. In article 87, paragraph 3 shall read as follows: "military Frames in activity in the Ministry of national defense convicted for offences committed with intent or criminal penalty fine by imprisonment, suspended graţiate times, before the beginning of the sentence or in respect of which it was willing to postpone the application of the death penalty, can be entered directly in reserve or in withdrawal times may be maintained in the activity on the basis of proposals submitted to the hierarchical commanders/chiefs who have established skills in doing so, by order of the Minister of national defence. "
3. In article 89, paragraph 7 shall read as follows: "In cases where payment has been ordered, the cessation of the criminal process, waiving the application of the death penalty, the times ranking waiving prosecution, military backgrounds who have been suspended from Office under the terms of paragraph 1. 2 and that were available under the terms of paragraph 1. 4 and 5 are reused from the date proposed rights suspension from Office or from the date of implementation, as appropriate, including the position held previously or one equivalent, and will receive all what rights they would be granted in the period have been suspended, i.e. made available, according to the legal norms in force on the date of reîncadrării. "
4. In article 109, paragraph 4 shall read as follows: "the appointment, promotion, transfer, age limits, conditions for keeping the judiciary and other aspects of the professional career of judges and military prosecutors are subject to the rules governing the status of judges and prosecutors."


Article Act No. 34. 8/1996 copyright and related rights, published in the Official Gazette of Romania, part I, no. 60 of 26 March 1996, with amendments and additions thereto, shall be amended as follows: 1. In article 138 (1), subparagraph (k)) shall read as follows: "k) carried out surveys for a fee, at the expense of the parties concerned or at the request of judicial organs;"
2. In article 139, paragraphs (6) and (12) shall read as follows: "(6) the measures provided for in paragraph 1. (3) and (5) may include the detailed description, with or without the taking of samples, or seizure of goods in real dispute and, in appropriate cases, the materials and tools used to produce and/or distribute these commodities, as well as documents that refer to them. These measures shall be taken into account in the implementation of the provisions of article and. 169-171 of the code of criminal procedure.


(12) the measures provided for in paragraph 1. (10) (a). b) and c) can be arranged on the occasion and your ranking prosecutor or waiving prosecution. The provisions of paragraphs 1 and 2. (10) (a). c) do not apply for changes made in contravention of the rights relating to the work of architecture, protected by this law, if the destruction of the building is not imposed by the circumstances of the particular case. "
  

3. Article 145 shall be repealed.


Article 35


Competition law nr. 21/1996, republished *) in the Official Gazette of Romania, part I, no. 742 from august 16, 2005, with amendments and additions thereto, shall be amended as follows: 1. In article 33, paragraph (2) shall read as follows: "(2) if the offence referred to in article 1. 60 para. (1) approved personnel conditions para. (1) we can only perform acts laid down in art. 61 of the code of criminal procedure. "
2. Article 37 shall read as follows: Art. 37.-on the basis of judicial authorization data by concluding, pursuant to article 5. 38, Superintendent of the competition can be made, inspections in the spaces referred to in art. 36, as well as in any other spaces, including home, land or means of transport belonging to managers, administrators, directors and other employees of the operators or groups of operators subject to the investigation. "
3. In article 38, paragraph (7) shall read as follows: "(7) the conclusion referred to in paragraph 1. (1) may be appealed with opposition to High Court of Cassation and justice shall, within 48 hours. The term can be appealed to the Council conclusion of competition flowing from the moment of service thereof under the provisions of paragraph 1. (2) in respect of the person subject to inspection, the deadline can be contested the conclusion flowing from the moment of service thereof under the provisions of paragraph 1. (1) the appeal is not suspensive. execution. "


Article 36 Article 25 (1) of law No. 121/1996 on organisation and functioning of the body, published in Military Fire Department official Gazette of Romania, part I, no. 257 of 23 October 1996, as amended, subparagraph (e)) is amended and shall read as follows: "e) to find and to bring proceedings, pursuant to article. 61 of the code of criminal procedure, facts that may constitute crimes in the field of preventing and extinguishing fire; "


Article 37 (1) and (2) of article 31 of law No. 35/1997 on organisation and functioning of the institution of Ombudsman, republished *) in the Official Gazette of Romania, part I, no. 844 of 15 September 2004, with amendments and additions thereto, shall be amended and shall read as follows: Art. 31. — (1) in the exercise of his mandate, the Ombudsman can be pursued and sent to court for criminal acts other than those referred to in article 1. 30, but may not be detained, searched, detained or arrested without the consent of prevention to the Presidents of the two chambers of Parliament.

(2) the advocate of the people can be sent to track prosecution for acts other than those referred to in article 1. 30, but may not be detained, searched, arrested at home or preventive arrest without prior notification of the Ombudsman. "
  


Article 38 (1) of article 59 of law No. 56/1997 for the application of the provisions of the Convention on the prohibition of the development, production, Stockpiling and use of chemical weapons and on their destruction, republished in the Official Gazette of Romania, part I, no. 116 of February 10, 2004, is amended and shall read as follows: Art. 59. — (1) in the case of prosecution of offences referred to in articles. 55, 56 and 58, are carried out by the Prosecutor. "


Article 39 (4) of article 44 of the law nr. 255/1998 for the protection of new varieties of plants, republished *) in the Official Gazette of Romania, part I, no. 926 28 December 2011, with subsequent amendments, shall be amended and shall read as follows: "(4) in the action for infringement of patent holder started for variety, you may seek compensation for the damage."


Article 40 no law. 188/1999 on the status of civil servants, republished in the Official Gazette of Romania, part I, no. 365 on 29 May 2007, with amendments and additions thereto, shall be amended as follows: 1. In article 77, paragraph (6) shall read as follows: "(6) where the deed of public functionary received as misconduct and that offence, disciplinary liability engagement procedure shall be suspended until the layout of dropping the times ranking prosecution or until such time as that Court has the payment sentencing, quitting, delaying the application of the death penalty or the cessation of the criminal process. "
2. In article 86, paragraphs (3) and (5) shall read as follows: "(3) where it has ordered rank or forgoing the prosecution waiving payment times or sentencing times to defer application of the death penalty, as well as in the event of termination of criminal process, suspension from public function ceases, and the public officer concerned will resume his duties in public office previously owned and will be paid the outstanding pay claims relating to pay for the period of suspension and. ..

(5) at the time of moving criminal action, where the public can influence research officer, the person who has the power of appointment in public office is obliged to order the temporary relocation of civil servant in another compartment or other structures without legal personality of the Organization, "times.
  

3. In article 94, paragraph 1 letter f) shall read as follows: "(f)) is the pre-trial or are under house arrest;"
4. In article 98 (1), subparagraphs (f) and (g))) will read as follows: "(f)) when through judgment final conviction was for a willing act under article 9. 54 lit. h) or ordered the application of custodial sentences, the date of final decision remaining;

g) as a result of the ban on the exercise of the right to hold public office or exercising a profession in times of activity in which committed the deed, as a supplementary punishment, or as a result of the prohibition of employment of a function, or the exercise of a profession, as a safety measure, as from the date of final judgement of whether that ordered the ban; "
  


Article Act No. 41. 78/2000 for preventing, discovering and sanctioning of acts of corruption, as published in the Official Gazette of Romania, part I, no. 219 of 18 May 2000, with amendments and additions thereto, shall be amended as follows: 1. Article 21 shall be repealed.
2. Article 26(2) shall read as follows: Art. 26.-Bank Secrecy and professional secrecy, except in the case of lawyer exercised in accordance with the law, shall not apply to the Prosecutor, after the commencement of prosecution, and any court. "
3. Articles 26, 27 ^ 1, 30 and 31 shall be repealed.


Article 42 Article 36 of law No. 139/2000 on meteorology, republished *) in the Official Gazette of Romania, part I, no. 148 of 1 March 2007, with subsequent amendments, shall be amended and shall read as follows: Art. 36. — (1) in meteorology, contraventions and penalties are carried out by Inspection staff and National Meteorological personnel authorized by the Minister, upon proposal of the National Meteorological Centre, meteorological and aeronautical activity, by the staff in charge of State authority in the field of civil aviation.

(2) the Offences referred to in this law is established by the prosecution, as well as by the persons referred to in paragraph 1. (1), which shall proceed in accordance with article 61 of the code of criminal procedure. "
  


Article 43 law No. 143/2000 *) on preventing and combating trafficking in and illicit consumption of drugs, published in the Official Gazette of Romania, part I, no. 362 from august 3, 2000, with amendments and additions thereto, shall be amended as follows: 1. In article 1, the letters j and k)) is hereby repealed.
2. In article 18, paragraphs (1) and (3) shall read as follows: Art. 18. — (1) for the purposes of confiscation raised Drugs fall under art. 574 lit. d) of the code of criminal procedure. Preservation of counter-evidence.


(3) destruction of drugs is carried out periodically by incineration or by any other appropriate means, by a company authorized in the presence of a Commission made up of judge delegated with the execution, one representative of the National Anti-drug Agency, Ministry of the environment and climate change, a central party specialist specializing in preventing and combating trafficking in and illicit consumption of drugs from the General Inspectorate of the Romanian police and the Chamber's Manager of bodies of the same offence. Where destruction has no place in the constituency of enforcement, the Commission delegated judge forms part with execution of the appropriate court in the degree in which the 2nd Circuit destruction. A copy of the minutes shall be sent to the Court. "
  

3. In article 18, paragraph (4) shall be repealed.
4. Articles 20-25 is hereby repealed.


Article Act No. 44. 188/2000 relating to the bailiffs, republished in the Official Gazette of Romania, part I, no. 738 of 20 October 2011, as amended, is modified and completed as follows: 1. In article 23, paragraph 1, letter e) is amended and shall read as follows:

"e) when final judgment through was willing to defer application of condemnation or punishment against the bailiff;"
2. In article 23, after paragraph (1) insert a new subparagraph (1 ^ 1), with the following contents: "(1 ^ 1) the bailiff can be maintained at work where, for an offence committed through negligence, it was willing to postpone the application of the death penalty, suspended the death penalty, capital punishment has been applied to fine times he benefited from an amnesty or pardon before the start of the sentence and it appreciates that deed perpetrated had not encroached on the prestige of the profession."
3. In article 50, paragraph (1) shall be amended and shall read as follows: Art. 50. — (1) where against the bailiff he took the measure of pre-trial detention or arrest at home or where it was decided in the first instance sentencing times to defer application of the death penalty, the Justice Minister, ex officio or upon the proposal of the Council of the National Union of Bailiffs, will get the measure of suspension from Office pending the resolution of its penal law. "


Article 44 Article 45 from Government Emergency Ordinance nr. 59/2000 relating to the staff regulations, as published in the Official Gazette of Romania, part I, no. 238 of 30 May 2000, approved with amendments and completions by law No. 427/2001, as amended, is hereby repealed.


Article 46 article 26 of the Government Emergency Ordinance nr. dam safety 244/2000, republished in the Official Gazette of Romania, part I, no. 96 of 4 February 2002, with subsequent amendments, shall be amended and shall read as follows: Art. 26.-Offences provided for in this emergency Ordinance is found by the prosecution, as well as by staff; 15-17, which shall proceed in accordance with article 61 of the code of criminal procedure. "


Article 47 the Government Ordinance. 1/2000 on organizing the activity and operation of the forensic institutions, republished in the Official Gazette of Romania, part I, no. 996 of 10 November 2005, is amended as follows: 1. In article 15, paragraph a) shall read as follows: "), the order of prosecution bodies, to courts or at the request of the persons concerned, surveys, autopsies, forensic examinations, as well as other forensic works;"
2. In article 17, paragraph a) shall read as follows: ") performs surveys, autopsies, forensic examinations from the disposal of the prosecution authorities or courts as well as in cases of deficiencies in assistance or in cases where, by law, are necessary for forensic psychiatric expertise;"


Article Act No. 48. 678/2001 on preventing and combating trafficking in human beings, published in the Official Gazette of Romania, part I, no. 783 of 11 December 2001, with amendments and additions thereto, shall be amended as follows: 1. Articles 21-23 is hereby repealed.
2. Article 24 shall read as follows: Art. 24. — (1) the sessions of the Court in cases relating to the offence of trafficking in minors, provided by art. 211 of the penal code, and child pornography as provided for by art. 374 of the penal code, are nonpublic. Conducting meetings may assist the parties, their representatives, lawyers, representatives of the National Agency against trafficking in persons, and other persons whose presence is deemed necessary by the Court.

(2) in the cases provided for in Chapter 3 of crimes. VII of title I of the special part of the penal code and in cases concerning offences of facilitating illegal residence in Romania, provided by art. 264 of the penal code, and child pornography as provided for by art. 374 of the penal code, the hearing of the minor who has not reached the age of 14 years shall be made in the presence of at least one of the parents or other legal representative, citing a binding and psychologist, a representative of the General Directorate of social assistance and child protection. "
  

3. Article 25 shall read as follows: Art. 25.-trafficking crimes in trials of persons under art. 210 of the penal code, and facilitation of illegal stay in Romania, provided by art. 264 of the penal code, at the request of the injured person, the Court may declare a non-public meeting. "
4. Article 26(2) shall read as follows: Art. 26. — (1) crime victims of human trafficking are granted protection and special assistance, physical, legal and social.

(2) the privacy and identity of victims of trafficking offences are protected.
  

(3) crime victims of human trafficking are entitled to recover their physical, psychological and social.
  

(4) minor Crime Victims of human trafficking are granted special protection and assistance in relation to their age.
  

(5) Women victims of the crime of trafficking in persons, as well as those who are subject to a high risk of becoming victims of such crimes are given 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 trafficking in persons, pursuant to article. 113 of the code of criminal procedure. "
6. In article 38, paragraph (4) shall be repealed.
7. Article 43 shall read as follows: Art. 43.-crime victims of human trafficking are entitled to receive, in a language they understand, with information on the judicial and administrative procedures. "


Article 49 article 23 of the Government Emergency Ordinance nr. 104/2001 on organisation and functioning of the Romanian border police, published in the Official Gazette of Romania, part I, no. 351 of 29 June 2001, as amended by law No. 81/2002, with amendments and additions thereto, shall be amended and shall read as follows: Art. 23. — (1) the Minister of Internal Affairs, with the assent of the general prosecutor's Office of the High Court of Cassation and justice shall designate border policemen in capacity of criminal investigation organs of the judicial police, in accordance with the law.

(2) in carrying out criminal activities, the border guard has territorial jurisdiction corresponding to the border police unit in which it participates. "
  


Article 50 in article 23 of the Government Emergency Ordinance nr. 105/2001 regarding the State border of Romania, published in the Official Gazette of Romania, part I, no. 352 from June 30, 2001, as amended by law No. 243/2002, with amendments and additions thereto, (2) is amended and shall read as follows: "(2) the persons concerned are driven in front of the competent authorities in order 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, with subsequent amendments and additions, is modified and completed as follows: 1. In article 7, paragraph (4) is amended and shall read as follows: "(4) access to classified information constituting State secret, secret service, respectively, under art. 15 (a). d) and (e)), it is guaranteed, provided validation of election or appointment and oath, for the following categories of persons: a) the President of Romania;
  

b) Prime Minister;
  

c) Ministers;
  

d) deputies;
  

e) Senators;
  

f) judges;
  

g) prosecutors;
  

h) magistrates assistants High Court of Cassation and justice, which, in accordance with specific powers, are entitled to have access to classified information without carrying out the procedures referred to in paragraph 1. (1) to (3) and in article 8. 28, on the basis of the internal procedures of the institutions of which they are part, be certified by the National Registry Office Information State secrets after they became aware of their responsibilities concerning the protection of classified information and have signed a written undertaking of secrecy provided for in article 10. 36 para. (3)."
  

2. In article 7, after paragraph 4, insert a new paragraph, paragraph (5) with the following content: "(5) for judges, prosecutors and magistrates-assistants of the High Court of Cassation and justice, internal procedure laid down in paragraph 1. (4) shall be determined by regulation, drawn up by the higher magistrates Council and endorsed by the National Registry Office Information State secrets. "


Article Act No. 52. 218/2002 on the organisation and functioning of the Romanian police, published in the Official Gazette of Romania, part I, no. 305 of 9 May 2002, with amendments and additions thereto, shall be amended and shall be completed as follows: 1. In article 26 (1), section 15 is amended and shall read as follows:

15. use methods and means of scientific and technical research of the crime scene and from the examination of the samples and sample materials, conducting forensic findings and expertise, through its own accredited specialists and experts, and forensic reports, reports finding the interpretation of traces or assessment of criminal behavior or criminal personality; "
2. In article 26 (1), point (15) insert a new paragraph 15 ^ 1 with the following content: "15 ^ 1. conducts studies and research to improve methods and technical and scientific forensic means; "
3. In article 27, paragraph 3 shall be repealed.
4. Article 32 shall be repealed.
5. In article 33, paragraph (1) shall be amended and shall read as follows: Art. 33. — (1) in order to obtain data and information on the work of persons or groups of persons suspected of committing crimes or preparation or with special operating modes, as well as for identification, searching, locating and/or persons put into catching stalking law, Romanian Police may use informants. "


Article Act No. 53. 360/2002 on the status of the policeman, published in the Official Gazette of Romania, part I, no. 440 of 24 June 2002, with amendments and additions thereto, shall be amended as follows: 1. Article 65 shall read as follows: Art. 65. — (1) where against the policeman has been put in motion criminal proceedings or it was sent to trial, maintaining its activity decides after the final resolution of the case, except that she has committed and other disciplinary, in which case the disciplinary procedure operates.

(2) the policeman that was put in motion criminal proceedings is made available, except in cases where criminal proceedings had been put into motion for an offence through negligence and it considers that it does not affect the prestige of the profession.
  

(3) the policeman arrested preventively or under house arrest, will be suspended from Office.
  

(4) the policeman provided meets only those tasks and duties of service laid down in writing by the head of the police unit and has the corresponding rights money professional degree that, at the basic level, as well as other rights provided for in this law.
  

(5) during the period of suspension of the policeman do not benefit from any of the requirements provided for in this law shall be obliged to surrender its weaponry, the ticket and badge.
  

(6) where it was willing to be classified, waiving prosecution, acquittal, forgoing sentencing deferred the application of the death penalty, as well as in the event of termination of criminal process, the policeman will be reinstated in all prior rights, including the compensation to which he was available during the period of implementation, i.e. the suspension from his duties, according to the competences established by order of the Minister of internal affairs. "
  

2. In article 69 (1), subparagraph (i)) shall read as follows: ") when it is sentenced by final judicial decision remaining, except that it was willing to suspend the sentence under surveillance or criminal fine for offences committed through negligence, on the basis of the approval of the persons who have been granted professional degrees. 15. "


Article 54 article 18 of law No. 546/2002) concerning the procedure of granting pardon pardon, which was published in the Official Gazette of Romania, part I, no. 755 of 16 October 2002, with subsequent amendments and additions (1) is amended and shall read as follows: Art. 18. — (1) to comply with legal provisions relating to pardon when there is a final judgment after remaining shall be in accordance with art. 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 measures to prevent and combat the financing of terrorist acts, republished in the Official Gazette of Romania, part I, no. 702 from October 12, 2012, is hereby amended as follows: 1. In article 8, paragraphs (5) to (7) shall read as follows: "(5) on receipt of the referral, the Prosecutor who conducts or supervises the prosecution and Romanian intelligence service may require completion of its Office.

(6) the Office shall make available to the Prosecutor who conducts 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 law.
  

(7) the prosecution shall communicate periodically to resolve the status of the Office of appeals, and the amount of the amounts contained in accounts of natural or legal persons in respect of which it has ordered the blocking of as a result of suspensions incurred or precautionary measures ordered. "
  

2. In article 26, paragraph (2) shall read as follows: "(2) the Office has as its object the prevention and combating of money laundering and terrorist financing, in which receives, analyzes, processes information and refer the matter, pursuant to article. 8 para. (1) in addition to flooring, High Court of Cassation and justice and the Romanian intelligence service. "
3. Articles 34-36 is hereby repealed.
4. Article 37 shall read as follows: Art. 37.-final judgment concerning the offence referred to in article 1. 29 shall be communicated to the Office. "


Article 56 the law. 682/2002 *) on the protection of witnesses, as published in the Official Gazette of Romania, part I, no. 964 of 28 December 2002 and its subsequent amendments, shall be amended as follows: 1. In article 4 (2) (a)) and (b)) shall read as follows: "the times leader) group organising crime organized or criminal organization;

b) author of the firebrand times crime of murder or manslaughter qualified; "
  

2. Article 5 shall read as follows: Art. 5.-the criminal investigation phase of criminal prosecution, may request that the Prosecutor, and the Prosecutor in the preliminary procedure room or in the judgment, the judge may require, respectively, preliminary court room, the inclusion in the programme of a witness, a member of his family or of a person, where appropriate formulating proposals in this direction motivated. "3. Article 7 shall read as follows: Art. 7. the Prosecutor, the judge of the preliminary court room or, where appropriate, will rule in the shortest time possible, but not later than 5 days after receipt of the proposal, by Ordinance, namely, on the proposal for inclusion in the Program. "
4. In article 8, paragraph (1) shall read as follows: Art. 8. — (1) where it disagrees with the proposal, the Prosecutor, the judge or court room preliminary fact-finding O.N.P.M. Ordinance, namely the termination of that person's inclusion in the Program, and O.N.P.M. will take all necessary measures with a view to the elaboration and implementation of the support system. "


Article 57 Article 7 of Emergency Ordinance of Government No. 31/2002 prohibiting organizations and fascist character symbols of racism and xenophobia and promoting the cult of persons guilty of committing crimes against peace and mankind, as published in the Official Gazette of Romania, part I, no. 214 of 28 March 2002, approved with amendments and completions by law No. 107/2006, with amendments and additions thereto, is hereby repealed.


Article 58 Government Emergency Ordinance nr. 43/2002 relating to the National Anti-corruption Directorate, published in the Official Gazette of Romania, part I, no. 244 of 11 April 2002, as amended by law No. 503/2002, with amendments and additions thereto, shall be amended as follows: 1. In article 11, paragraphs (3) and (4) shall be repealed.
2. Article 13 shall read as follows: Art. 13.-(1) the competence of the National Directorate against corruption offences provided for in law No. 78/2000, as amended and supplemented, committed in any of the following conditions are met: a) If, irrespective of the quality of the persons they have committed have caused material damage higher than the equivalent in lei of euro 200,000 times if the amount or property forming the object of the criminal offence of corruption is higher than the equivalent in lei of 10,000 euro;
  


b) If, irrespective of the amount of material damage amount or property forming the object of the crime of corruption, are committed by: deputies; Senators; members of the European Parliament from Romania; a member appointed by the European Commission in Romania; members of the Cabinet of Ministers, Secretaries of State and State subsecretari times asimilaţii them; Ministerial advisors; judges of the High Court of Cassation and justice and the Constitutional Court; other judges and prosecutors; members of the Superior Council of Magistracy; the President of the Legislative Council and Deputy; The Ombudsman and his deputies; presidential advisers and counsellors of State in the presidential administration; Councillors of State of the Prime Minister; members of the public and external auditors within the Court of accounts of Romania and of County boards of Auditors; the Governor, the Vice-Governor and the current Vice Governors first-National Bank of Romania; Chairman and Vice-Chairman of the competition Council; officers, admirals, generals and marshals; Police officers; Presidents and Vice-Presidents of County Councils; Mayor and deputy mayors of Bucharest; mayors and deputy mayors of Bucharest Municipality sectors; mayors and deputy mayors of municipalities; District Councillors; prefects and subprefecţi; Heads of central public authorities and institutions and local people with control functions within it, with the exception of Heads of public authorities and institutions at the level of cities and municipalities and persons with control functions within it; lawyers; Financial Guard Commissioners; Customs staff; individuals who hold leadership positions, including the director, in the framework of the national autonomous public corporations, companies and corporations, banks and companies in which the State is a major shareholder, public institutions have powers in the process of privatization and the central financial and banking establishments; persons referred to in art. 293 and 294 of the penal code.
  

(2) Offences against the financial interests of the European Union are of the competence of the national anti-corruption Directorate.
  

(3) the competence of the national anti-corruption Directorate offences referred to in articles. 246, 297 and 300 of the penal code if it has caused a damage greater than the equivalent in lei of 1.000.000 euro.
  

(4) the prosecutors in national anti-corruption Directorate conducts the prosecution for the offences referred to in paragraph 1. (1) to (3).
  

(5) where the features during prosecution disjoin, Prosecutor within the national anti-corruption Directorate can continue the prosecution in the case disjunsă.
  

(6) criminal proceedings in cases relating to offences referred to in paragraph 1. (1) to (3) committed by military activity, is carried out by the military prosecutors within the national anti-corruption Directorate, regardless of military rank that you have people researched. "
  

3. Articles 16, 20 and 22 are repealed.
4. Article 22 ^ 3 will read as follows: Art. 22 ^ 3. -Prosecutors in the central structure of the national anti-corruption Directorate can take, in order to carry out criminal prosecution, causes the competence of territorial structures of the Directorate, the order of the Chief Prosecutor of the national anti-corruption Directorate. "


Article 59 Government Emergency Ordinance nr. 195/2002 movement on public roads, republished in the Official Gazette of Romania, part I, no. 670 of 3 august 2006, with amendments and additions thereto, shall be amended as follows: 1. In article 24, paragraph 6 shall read as follows: "(6) is not entitled to be present at the exam for obtaining the driving licence the person was sentenced, by court order, for a final remaining offence to circulation on public roads or for an offence that resulted in the killing or injury of a person , committed as a result of non-compliance with traffic rules, except when there has been one of the situations referred to in article 1. 116 paragraph 1. (1)."
2. In article 103, paragraph 1 (c)) shall read as follows: "(c)) for a period of 90 days when the driver of a vehicle or deed tram was tracked as a crime under the circulation on public roads as well as in case of traffic accident resulting in death or bodily injury of a person, and the Court or the Prosecutor has ordered rank , forgoing the prosecution, sentencing or surrendering to postpone the application of the death penalty, if traffic rule violated this emergency Ordinance provides for the suspension of the exercise of the right to drive. "
3. In article 106, paragraph 1 letter b) shall read as follows: "(b)) when the deed was pursued as a criminal offence under this Ordinance, and the Prosecutor has ordered rank times forgoing the prosecution or the Court has ordered the abandonment of sentencing times to defer application of the death penalty;"
4. In article 116, paragraph 1, points b) and d) shall read as follows: "(b)) has passed one year from the date of sentence or pardon the remaining final judgement which has ordered suspension of sentence under supervision;.

d) prohibition to exercise the profession or occupation of the driver of vehicles referred to in article 1. 66 para. (1) (a). I) of the criminal code has expired or has been revoked. "
  


Article 60 articles 11, 14-19 and 23 of law No. 39/2003 on preventing and combating organised crime, published in the Official Gazette of Romania, part I, no. 50 of 29 January 2003, with subsequent amendments, are repealed.


Article Act No. 61. 53/2003-labour code, republished in the Official Gazette of Romania, part I, no. 345 of 18 May 2011, with subsequent amendments and additions, is modified and completed as follows: 1. In article 52, paragraph (1) after subparagraph (c)) insert a new drive letter, letter c ^ 1), with the following content: "c ^ 1) in the case against the employee has been taken under the terms of the code of criminal procedure, the judicial control or judicial review or control on bail If the task were laid down obligations which prevent the performance of the contract, and if the employee is under house arrest, and the contents of the measure prevents the execution of the contract; "
2. In article 61, point b) is amended and shall read as follows: "(b)) where the employee is detained preventively or under house arrest for a period exceeding 30 days, under the code of criminal procedure;"


Article 62 Articles of the law No. 54-58 161/2003 on certain measures to ensure transparency in the exercise of public dignities, and public functions in the business environment, the prevention and sanctioning of corruption, as published in the Official Gazette of Romania, part I, no. 279 of 21 April 2003, with amendments and additions thereto, is hereby repealed.


Article Act No. 63. 191/2003 crimes shipping arrangements, as published in the Official Gazette of Romania, part I, no. 332 on May 16, 2003, with amendments and additions thereto, shall be amended as follows: 1. In article 33, paragraph (1) shall read as follows: Art. 33. — (1) in the case of offences referred to in articles. 27-30, criminal investigation shall be conducted by persons designated pursuant to article. 55 paragraph 1. (5) and (6) of the code of criminal procedure. "
2. Article 36 shall read as follows: Art. 36.-Offences under this law shall be the judge in the first instance by the tribunal. "
3. Article 37 shall read as follows: Art. 37. — (1) the territory of the courts and the Prosecutor's Office is as follows: a) constancy and Tribunal prosecutor Court of Constanta: Constanta and Tulcea counties, the territorial sea, the Danube up to the mercy of the Navy 64 inclusive;
  

b) Tribunal and Court flooring Galati: dunarea de other counties, at the mercy of the Navy 64, upstream up to km 1,075.
  

(2) where the offences envisaged in this law are committed on a vessel outside the waters, the competence lies with the Court of Constanta Prosecutor's Office and Court, if the ship is at sea and, accordingly, the Tribunal and the Prosecutor's Court in Galaţi, if the vessel is in conformity. "
  


Article Act No. 64. 269/2003 on the status of the diplomatic and consular Corps, published in the Official Gazette of Romania, part I, no. 441 dated 23 June 2003, with subsequent amendments, shall be amended as follows: 1. In article 51 (1), subparagraph (h)) shall read as follows: "h) in the case of pre-trial detention times of arrest at home for a period of more than 60 days or definitive conviction for an offence of such a nature as to make it inconsistent with his capacity."
2. Article 60 shall read as follows:

"Art. 60.-If you ordered setting in motion the criminal action against a member of the diplomatic and consular Corps in Romania for an offence liable to make it incompatible with his status, the Minister of Foreign Affairs will take the measure of suspension of employment relationships. "


Article Act No. 65. 333/2003 *) on guarding the goals, values and goods, the protection of persons, published in the Official Gazette of Romania, part I, no. 525 of 22 July 2003, with amendments and additions thereto, shall be amended as follows: 1. In article 48, the letters d) and i) will read as follows: "(d)) to stop and to legitimize the individuals about whom there is information or evidence that they have committed offences or other acts of unlawful objective guarded those who violate internal rules established by their own regulations and if blatant crimes, to catch and present police făptuitor, to stop and surrender to police goods or values that are subject to the proceeds of crime or other unlawful acts, taking measures for the conservation of their road guard times a report drawn up for the taking of such measures. The report thus drawn up shall constitute an act of instituting prosecution organs;. ..

I appeal to the police) in connection with any act liable to harm the unity and heritage to give the contest whenever it is requested by the prosecution or the police. "
  

2. In article 50, paragraph 1 (e)) shall read as follows: "e) to stop and hold, depending on the possibilities, persons who have committed acts likely to endanger the life, personal integrity, health or assets of the person to whom they provide protection and to refer the matter without delay to the nearest police station."


Article 66 Government Emergency Ordinance nr. 91/2003 *) on the Organization of the financial Guard, published in the Official Gazette of Romania, part I, no. 712 of 13 October 2003, as amended by law No. 132/2004, with amendments and additions thereto, shall be amended and shall be completed as follows: 1. In article 4 (1 ^ 1) is amended and shall read as follows: "(1 ^ 1) financial guard may, at the request of the Prosecutor, to conduct inquiries related to facts which constitute breaches of obligations and compliance controls, and lists the reports, by which it can assess the injury related operations checked , procedural acts which might constitute evidence, according to the law. "
2. In article 4 (1 ^ 1) insert a new subparagraph (1 ^ 2) with the following content: "(1 ^ 2) the extent of the damage cannot be proved only by the assessment referred to in paragraph 1. (1 ^ 1). "


Article 67 Article 233 from the Government Ordinance. 92/2003 regarding the fiscal procedure code, republished in the Official Gazette of Romania, part I, no. 513 of 31 July 2007, with subsequent amendments and additions shall be amended and shall read as follows: "ARTICLE 233 Finding facts that may constitute crimes, Finding facts that may constitute crimes, pursuant to article. 296 ^ 1 of law No. 571/2003, as amended and supplemented, within the competence of the organ of the prosecution. With regard to these crimes, tax authorities within the national agency of fiscal administration are finding bodies, pursuant to article. 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, with amendments and additions thereto, shall be amended as follows: 1. Article 4 shall read as follows: Art. 4. (1) judicial Bodies are required to încunoştinţa victims of crime: a) services and organizations that ensure psychological counseling or any other forms of assistance to the victim, as required;
  

b) prosecution can make complaint;
  

c) right to legal assistance and the institution where they can go for the exercise of this right;
  

d) the conditions and procedure for granting free legal assistance;
  

(e) procedural rights of the person) of the injured and of the civil party;
  

f) the conditions and procedure for the benefit of the provisions of article 4. 113 of the code of criminal procedure, and the provisions of law No. 682/2002 on the protection of witnesses, as amended;
  

g) the conditions and procedure for granting the financial compensation by the State;
  

h) right to be informed, if the defendant will be deprived of liberty, respectively, sentenced to a penalty involving deprivation of liberty, with regard to its implementation in any way, according to the code of criminal procedure.
  

(2) the information referred to in paragraph 1. (1) are brought to the knowledge of the victim by the first judicial body to which it is presented.
  

(3) the victim shall be aware of the information referred to in paragraph 1. (1) in a language which he understands. The victim shall be given below the signature on a form that includes the information referred to in paragraph 1. 1. Where cannot times refuses to sign, will conclude a protocol with respect to it.
  

(4) If the victim is Romanian citizen belonging to a national minority, may bring to their attention the information referred to in paragraph 1. (1) in his native language.
  

(5) the obligations referred to in paragraph 1. (1) to (3) shall be recorded in the minutes, which shall be registered with the institution of the judiciary body. "
  

2. In article 8, paragraph (1) shall read as follows: Art. 8. — (1) the psychological is granted free of charge, upon request, for the victims of the crimes of aggravated homicide and manslaughter, qualified under article 4. 188 and 189 of the penal code, for victims of family violence, referred to in art. 199 of the penal code, of intentional offences which have had as a result of the personal injury the victim of crime, rape, sexual assault, sexual act with a minor and sexual corruption of minors as laid down in art. 218-221 of the penal code, the crime of ill-treatment applied to the minor, provided for in art. 197 of the criminal code, as well as for victims of crime of trafficking and exploitation of vulnerable persons and aggravated. "
3. Article 9 shall read as follows: Art. 9.-psychological free shall be granted for a period not exceeding 3 months, and in the case of victims who have not reached the age of 18 years, a period of no more than six months. "
4. In article 21, paragraph 1, letter a) shall read as follows: "persons to whom) was committed an attempt at murder and manslaughter offences qualified under article 4. 188 and 189 of the criminal code, an offence of bodily harm, as provided for in art. 194 of the penal code, an intentional offence which resulted in personal injury to the victim, an offence of rape, sexual intercourse with a minor and sexual assault, as referred to in art. 218-220 of the penal code, the offence of trafficking in human beings and trafficking in minors, referred to in art. 210 and 211 of the penal code, the offence of terrorism, as well as any other intentional crime committed with violence; "
5. Article 23 shall read as follows: Art. 23. — (1) the financial compensation shall be paid to the victim only if it notified the prosecution within 60 days from the date of the offence.

(2) in the case of victims. 21. (1) (a). (b)), the 60-day time limit shall be calculated from the date when the victim became aware of the offence.
  

(3) If the victim has been unable, physical or mental, to refer the matter to the prosecution, the 60-day time limit shall be calculated from the date when he ceased the condition of impossibility.
  

(4) Victims who have not reached the age of 18 and those under the ban do not have an obligation to refer the matter to the prosecution with regard to committing the offence. Minor's legal representative or the person placed under interdiction may refer the matter to the prosecution with regard to committing the offence. "
  

6. In article 24, paragraphs (1) and (3) shall read as follows: Art. 24. — (1) where the perpetrator is known, financial compensation may be granted to the victim if the following conditions are met: (a) a victim's request) for financial compensation within one year, as appropriate: 1. from the date of final judgment whether by Criminal Court pronounced condemnation or acquittal in cases referred to in article 1. 391. (1) (a). b)-d) of the code of criminal procedure and awarded damages to civil criminal process termination times in cases referred to in article 1. 391. (1) (a). f) and h) of the criminal procedure code;
2. from the date on which the Prosecutor has ordered rank, in the cases referred to in article 1. 391. (1) (a). b), c), (d)), f) and h) of the criminal procedure code;

b) victim was constituted a civil party in criminal proceedings, except where he has ordered rank according to the provisions of article 3. 315 paragraph 3. (1) (a). a) of the code of criminal procedure;
  

c) perpetrator is insolvent or gone;
  


d) victim has not obtained full compensation for the injury suffered from an insurance company.
  

.

(3) where the Court has ordered the civil action disjoin the criminal proceedings, the time limit of one year referred to in paragraph 1. (1) (a). to date) flows from the remaining final judgment by which the civil action was permissible. "
  


Article Act No. 69. 290/2004 relating to criminal record, republished in the Official Gazette of Romania, part I, no. 777 of 13 November 2009, with subsequent additions, is modified and completed as follows: 1. In article 6, paragraph (1) shall be amended and shall read as follows: Art. 6. — (1) The General Inspectorate of Romanian police is organized and operates central criminal record in which you want to keep track of individuals born outside of Romania and foreign legal persons who are the subject of a criminal record, the stock records and the records of the police who have committed offences in the territory of Romania and have been convicted or to which the waiver was given the death penalty or to defer application of times that were ordered preventative measures as well as those that are in one of the situations referred to in article 1. 14. (2)."
2. In article 9, subparagraph (b)) is amended and shall read as follows: "(b)) or to defer application of waiver of punishment, commencement, interruption and termination of execution of sentences and measures, supervised suspension of the sentence, replace, staggering and criminal fine;"
3. In article 10, subparagraph (b)) is amended and shall read as follows: "(b)) the commencement, interruption and termination of execution of punishments, staggering and criminal fine;"
4. In article 12, subparagraphs b and e)) is amended and shall read as follows: "(b) the waiver or communications) deferment of the application of the death penalty, starting, disruption of termination times prison sentence, communications concerning preventive measures, enforcement of safety measures and educational ones, sent the unit where they are running or the local police unit in the cases referred to in article 1. 14. (3);
.

communication concerning the replacement e), staggering or payment of the fine. "
  

5. In article 13, subparagraphs b and c)) is amended and shall read as follows: "(b)) the waiver or deferment communications application start, interruption or termination of the enforcement of punishments and supplementary punishments execution times, sent by the Court;

c) communications relating to the payment of a fine is staggering and criminal. "
  

6. In article 14, paragraphs (2) and (3) is amended and shall read as follows: "(2) in cases where the start of the sentence in a place of detention or if apprehension, arrest, detention or preventive medical and hospitalisation at the beginning of the execution of custodial educational measures, communications will be accompanied by the information sheet dactiloscopică decadactilară. Communications shall be sent to the judicial criminal record of the place of birth of the person concerned or, where appropriate, the judicial criminal record within the General Inspectorate of the Romanian Police and the dactiloscopică card is sent to the service specialist dactiloscopie issues within the General Inspectorate of the Romanian police times, as appropriate, at the level of service to departments of County and General Directorate of Bucharest police.

(3) for the execution of custodial educational measures, dactiloscopică card shall be drawn up by the local police, who sends communication. "
  

7. In article 15 (1), letters f)-h) is amended and shall read as follows: "(f)) was willing to dispense with criminal prosecution or ranking against them or a final decision of acquittal or cessation of criminal process;

g) has passed one year from the date of execution of the educational measure;
  

h) 2 years have passed from the date when it was pronounced a final decision to delay the application of the death penalty and ordered the revocation or cancellation of the postponement of the application of the death penalty in accordance with art. 88 or 89 of the penal code; "
  

8. In article 15 (1), after the letter h) insert a new letter, the letter i), with the following content: "i have the past 5 years) from the date of application of one of the administrative sanctions provided for in art. 91 of Act No. penal code 15/1968, republished, with subsequent amendments and additions. "
9. In article 18, subparagraph (b)) is amended and shall read as follows: "(b) the safety measures taken) without applying punishment, except medical and hospitalisation to the prohibition of employment of a function or the exercise of a profession;"
10. In article 21, paragraph (2) is amended and shall read as follows: "(2) The copy of the criminal record forwarded to the judicial organs attach information concerning administrative sanctions applied under art. 91 of Act No. penal code 15/1968, republished, with subsequent amendments and additions, as well as those relating to preventive measures or punishments ordered by judicial bodies, registered in accordance with article. 6 paragraph 1. (2)."


Article Act No. 70. 293/2004 on the status of civil servants with special status in the national administration of penitentiaries, republished *) in the Official Gazette of Romania, part I, no. 628 of 22 September 2009, with subsequent amendments, shall be amended as follows: 1. Article 58 shall read as follows: Art. 58. — (1) where a public officer against the special status of prison administration was willing to setting in motion the criminal action, continued to work after the final resolution of the case, except that she has committed and other disciplinary procedure disciplinary action when operating.

(2) After setting in motion the criminal action or after shipment to sue public servant with special status in the prison system it puts at your disposal. Public servant with special status in the prison system provided meets only those tasks and duties of service laid down in writing by the head of unit and has the corresponding rights money professional degree that, at the basic level, and other rights provided for in this law.
  

(3) the period of pre-trial detention and arrest at home, public servant with special status in the prison system is suspended from Office.
  

(4) during the suspension, the official audience with special status in the prison system does not benefit from any of those laid down in this law.
  

(5) where it was willing to be classified, waiving prosecution, acquittal, forgoing sentencing deferred the application of the death penalty, as well as in the event of termination of criminal process, public servant with special status in the prison system will be restored all prior rights, including the compensation to which he was available during the period of implementation, i.e. the suspension from Office According to powers laid down by order of the Minister of Justice. "
  

2. In article 64, paragraph 1 (c)) shall read as follows: "(c)) have been convicted by final judgment for committing a crime or was willing to postpone the application of the death penalty with regard to them;"
3. In article 64, paragraph (2) shall read as follows: "(2) civil servants with special status can be maintained in as civil servants with special status in the public functions they hold when, for an offence committed through negligence, it was willing to postpone the application of the death penalty, suspended the death penalty, capital punishment has been applied to fine or benefited from the Amnesty pardons before the start times of execution of the death penalty and considers that the Act is committed has not encroached on the prestige of the profession. Retention is available based on the approval of persons granting professional degrees. 26, at the proposal of the Director of the establishment. "
4. In article 68, paragraphs (3) and (4) shall be repealed.


Article 71 the law. 303/2004 on the status of judges and prosecutors, republished in the Official Gazette of Romania, part I, no. 826 of 13 September 2005, with subsequent amendments and additions, is modified and completed as follows: 1. In article 23, paragraph 1, letter g) is amended and shall read as follows: "(g)) code of criminal offences provided for in respect of which criminal proceedings are put in motion prior to the complaint of the injured person, other than those of article 235, 218 paragraph 1. (1) and (2), art. 219 paragraph 2. (1), art. 223, 226, 227, and art. 239-241. "2. In article 23, paragraph (2) is amended and shall read as follows: "(2) trainees, Prosecutors have the right to perform procedural acts and to sign, under the coordination of a prosecutor who enjoys stability, and to put the conclusions to the Court."
3. Article 32 is amended and shall read as follows:

"Art. 32. — (1) may be appointed judge or public prosecutor of the military person who fulfils the conditions provided by law for the judiciary, with the assent of the Ministry of national defence regarding the fulfilment of the legal conditions for obtaining the quality of active officer in the Ministry.

(2) the appointment as judge or Prosecutor, the transfer of the military courts to civilian courts or the public prosecutor public prosecutor of the military times, and military ranks and increasing degree of military judges and prosecutors shall be made according to a common regulation of the Superior Council of Magistracy and Ministry of national defense. "
  

4. In article 62, paragraph 1 (a)) is amended and shall read as follows: ") when he was sent to court for committing an offence;"
5. In article 62, paragraph (1) after the letter a) introduces a new letter, letter to ^ 1), with the following contents: ' a ^ 1) when compared to the ordered imprisonment or house arrest; "
6. In article 62, after paragraph (1) insert a new subparagraph (1 ^ 1), with the following contents: "(1 ^ 1) Notwithstanding the provisions of paragraph 1. (1) (a). the) If sending to court intervened for an offence through negligence and it considers that it does not affect the prestige of the profession, the judge or Prosecutor may provisionally prohibit the exercise of certain powers until the final resolution of the case. "
7. In article 62, paragraph (2) is amended and shall read as follows: "(2) the suspension from Office of judges and prosecutors and a provisional ban on the exercise of certain powers of the thigh by the Superior Council of the judiciary."
8. After article 62 shall be inserted a new article, article 62 ^ 1 with the following content: "Art. 62 ^ 1. -(1) the final conclusion which ordered the preventive arrest times rechizitoriul house arrest, which has ordered sending in judgment or order that ordered the abandonment of criminal proceedings in respect of a judge shall be notified to the Prosecutor times within 24 hours of the Superior Council of Magistracy.

(2) within three days after the final decision remained pronounced in a criminal case against a magistrate, court enforcement shall communicate to the Superior Council of magistrates on the copy of the judgment. "
  

9. Article 63 shall be amended and shall read as follows: Art. 63. (1) the Superior Council of Magistracy shall immediately notify the judge or Prosecutor and senior Court Prosecutor times where it works the judgment which ordered suspension from Office.

(2) If it has, then the payment or cessation of the criminal trial against Judge times from Office, suspension of Attorney lapses, and he is reinstated in the previous situation, i pay money for rights that was lacking during the period of suspension from Office and i recognise the length of selected for this period.
  

(3) judges and prosecutors may be kept in activity where it was willing to dispense with criminal proceedings or if, through a definitive judgment, was willing to dispense with the application of the death penalty. Retention of the Superior Council of magistrates, whether it considers that the offence committed does not affect the prestige of the profession. "
  

10. In article 65 paragraph (1), subparagraph (f)) is amended and shall read as follows: "(f)) to defer application of the death penalty and conviction ordered by a final decision;"
11. In article 65 paragraph (1), after the letter f) insert a new drive letter, letter f ^ 1), with the following content: "f ^ 1) waiving prosecution and forgoing sentencing ordered by a final decision, if it is considered that it is not necessary according to the maintenance;"
12. In article 65, after paragraph (1) insert a new subparagraph (1 ^ 1), with the following contents: "(1 ^ 1) Notwithstanding the provisions of paragraph 1. (1) (a). f), judges and prosecutors may be kept in activity where the conviction or deferred the application of the death penalty was handed down for the offence provided for in art. 196 para. (2) to (4) of the penal code. Retention of the Superior Council of magistrates, whether it considers that the offence committed does not affect 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 magistrates-assistants can be searched, arrested, detained or arrested at home only with the consent of preventive sections higher magistrates Council. "
14. In article 105, paragraph 2 shall be amended and shall read as follows: "(2) the transfer of judges and prosecutors, upon request or as a result of the reduction in establishment plan, shall be made, depending on the option expressed, to the courts or public prosecutor which judge civil prosecutor may times work, according to his grade."


Article Act No. 72. 304/2004 on the organisation, republished in the Official Gazette of Romania, part I, no. 827 of 13 September 2005, with subsequent amendments and additions, is modified and completed as follows: 1. Article 13 is amended and shall read as follows: Art. 13.-(1) sittings of the Court shall be entered by technical means the video or audio.

(2) the hearing of the proceedings, the Registrar shall take notes about the process. The parties may ask the reading notes and endorses the President.
  

(3) after completing the hearing, the participants in the proceedings, upon request, receive a copy of the Registrar notes. "
  

2. Article 16 shall be amended and shall read as follows: Art. 16. — (1) the Court must be respected and carried out in accordance with the law.

(2) the Court may be terminated or amended only in the legal remedies provided for by law and exercised in accordance with the provisions laid down by law. "
  

3. Article 17 is amended and shall read as follows: Art. 17. — (1) in the case of the bench consisting of 2 judges, if they do not reach an agreement on the ruling to rule, the trial judge is again in complete contradiction, according to the law.

(2) the Panel shall be formed by including the divergence in the Panel of judges of the President or Vice-President of the Court, President of the ward of the judge from the planning of all times. "
  

4. Article 22 is amended and shall read as follows: Art. 22.-Criminal Section of the High Court of Cassation and justice shall assess: a) in the first instance, processes and data requests by law in the jurisdiction of first instance of the High Court of Cassation and justice;
  

b) calls against criminal judgments handed down in first instance by the Court of appeal and the Court of Military Appeals;
  

c) appeals against decisions handed down at first instance criminal courts of appeal, the Court of Military Appeals and Criminal Section of the High Court of Cassation and justice;
  

d) calls nedefinitive or declared against the judgments of the court documents, of whatever nature, which cannot be appealed against on any other way, and the course was discontinued in judgment before the courts of appeal;
  

e) appeals in cassation against judgments, as provided by law;
  

f) for the purpose of referrals that a ruling for the absolution of a prior law issues. "
  

5. In article 23, paragraph (2) is hereby repealed.
6. Article 24 is amended and shall read as follows: Art. 24.-5 Completele judges decide cases according to the law or disciplinary matters and other data within 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 shall comprise completele as follows: a) in data under the law in the jurisdiction of first instance of the High Court of Cassation and justice, the Panel of judges is composed of 3 judges;
  

b) for appeals against judgments handed down by the judges of rights and freedoms and justices of the courts preliminary room ringing and ringing, Military Court Panel of judges is comprised of a judge;
  

c) calls against judgments given at first instance by the Court of appeal and the Court of Military Appeals, the Panel of judges is composed of 3 judges;
  

d) for appeals against judgments handed down by the judges of rights and freedoms and the judges Chamber at a preliminary High Court of Cassation and justice, the Panel of judges consists of 2 judges.
  

(2) In other subjects, the judgment is completele consist of 3 judges of the same sections.
  

(3) if the number of judges needed training panel judgment cannot be ensured, it is constituted with judges from other wards, appointed by the President or Vice-President of the High Court of Cassation and justice, by drawing lots. "
  

9. In article 32 (1), (4) and (5) is amended and shall read as follows:

"Art. 32. — (1) at the beginning of each year, in criminal matters shall be determined for 5 judges formed solely of judges within the Criminal Division of the High Court of Cassation and justice.
.

(4) the College Board of the High Court of Cassation and justice shall approve the right number and composition of 5 judges on the proposal of the President of the Criminal Division. Judges forming part of these are complete, by drawing lots, in public session, the Chairman or, in his absence, by the Vice-President of the High Court of Cassation and justice. Changing members the right to do it exceptionally, on the basis of objective criteria laid down by the regulation on the organisation and functioning of the High Court of Cassation and justice.
  

(5) the Panel of 5 judges is presided over by the Chairman or Deputy Chairman of the High Court of Cassation and justice, where it is part of the complete, according to para. (4) Criminal Division President or the oldest. "
  

10. Article 54, after paragraph (1) insert a new subparagraph (1 ^ 1), with the following contents: "(1 ^ 1) appeals against decisions handed down in criminal matters of the rights and freedoms of judges and justices of the preliminary room from the judges and the courts resolve the fully-formed from a judge."
11. In article 54, paragraphs (3) and (4) shall be repealed.
12. In article 56, paragraph (1) shall be amended and shall read as follows: Art. 56. — (1) the military Courts are: a) military courts;
  

(b) Military Court of appeals). "
  

13. In article 58, paragraph (3) is amended and shall read as follows: "(3) when the Prosecutor does not belong in the same category with the accused, he or she will be assisted by another Attorney with the corresponding category, called by the head of the public prosecutor's Office registered the cause."
14. Article 60 shall be repealed.
15. In article 67, paragraph (3) is amended and shall read as follows: "(3) In criminal trials, the Prosecutor attends Court which performed or supervised the prosecution or another person designated by the head of the Prosecutor's Prosecutor."
16. In article 90, paragraph (2) is hereby repealed.
17. In article 98, paragraph (1) shall be amended and shall read as follows: Art. 98. (1) every military court operates a military parquet. In addition to the Military Court of appeal Bucharest Military Prosecutor works in addition to Military Court of appeal in Bucharest, and in addition to military courts national prosecution of military works in addition to the military courts. "
18. In article 101, paragraph 2 shall be amended and shall read as follows: "(2) when the Prosecutor does not belong in the same category with the accused, he or she will be assisted by another Attorney with the corresponding category, called by the head of the public prosecutor's Office registered the cause."
19. In article 102, paragraph 2 shall be amended and shall read as follows: "(2) to prevent and combat crime, as well as for determining the causes that generate or fosters criminality among military and civilian employees, militaristic structures and military prosecutors ' offices referred to in paragraph 1. (1) organizes and carries out in accordance with the competence, activities of military prosecutors with the organs of the Ministry of national defense, Ministry of Interior, as well as from other military capability-based protocols. "
20. In article 116, paragraph (4) after it introduces three new paragraphs, paragraphs (5) to (7) with the following content: "(5) within prosecutors ' offices may be appointed, by order of the general prosecutor's Office of the High Court of Cassation and justice, experts in economics, finance, banking, customs, as well as in other areas, in order to clarify the technical aspects of criminal activity.

(6) referred to in paragraphs 5 and 6 Experts (5) have the status of civil servant.
  

(7) the function of specialist within prosecutors ' offices is incompatible with any other public or private office, except for teaching positions in higher education. "
  

21. In article 118, paragraph (5) is amended and shall read as follows: "(5) the staff of the courts and the public prosecutor of the military turnout within the Prosecutor's Office attached to the High Court of Cassation and justice and the national Anticorruption Directorate can originate from active military."


Article 73 law No. 317/2004 relating to the Superior Council of Magistracy (SCM), republished in the Official Gazette of Romania, part I, no. 628 1 September 2012, with subsequent amendments, 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, Minister of Justice and Attorney-general's Office of the High Court of Cassation and justice shall not have the right to vote in cases where sections meet the role of court in disciplinary liability at the settlement of complaints relating to the good reputation of judges and prosecutors and of applications for approval of detainment, arrest, pre-trial detention or arrest at home with respect to judges, prosecutors and magistrates times. "
2. In article 29, paragraphs (1) and (10) shall read as follows: Art. 29. — (1) the work of the plenary and of the Superior Council of Magistracy are usually public. Members of the plenum or of sections shall decide, by majority vote, where meetings are not public. Precinct meetings in which the applications relating to the consent case settles, apprehension, arrest or arrest at home with respect to judges, prosecutors and magistrates, assistants times and those in which it solves relating to good repute of judges and prosecutors shall not be public.
.

(10) the agenda is published three days before the Superior Council of Magistracy. In the published agenda does not include applications for approval of detainment, arrest, pre-trial detention or arrest at home with respect to judges, prosecutors and magistrates times. Decisions of the Superior Council of Magistracy shall be published in the Official Gazette of the Superior Council of Magistracy (SCM) and on the website of the Superior Council of the Magistracy. "
  

3. Article 42 shall read as follows: Art. 42. — (1) Section for the judges of the Superior Council of Magistracy shall authorise searches, detention, imprisonment or house arrest in respect of judges and magistrates.

(2) Section for prosecutors of the Superior Council of Magistracy shall authorise searches, detention, imprisonment or house arrest with regard to prosecutors.
  

(3) the provisions referred to in paragraph 1. (1) and (2) on the search and detention does not apply in the case of a flagrant offence.
  

(4) Sections higher magistrates Council to pronounce immediately on receipt of the referral. "
  


Article Act No. 74. 364/2004) on the Organization and operation of the judicial police, published in the Official Gazette of Romania, part I, no. 869 of 23 September 2004, as amended, is modified and completed as follows: 1. In article 6, paragraph (2) is amended and shall read as follows: "(2) For non-fulfilment or improper fulfilment of the judicial police of the obligations in the work done in the quality of the organ of judicial criminal investigation police, the Attorney general's Office of the High Court of Cassation and justice, may withdraw the opinion referred to in article 1. 2 (2). (3) the withdrawal of approval. lead to ceasing of the worker within the judicial police. "
2. In article 6, as (2) introduce two new paragraphs (3) and (4) with the following content: "(3) The professional evaluation of judicial police officers within the police which is achieved by the head directly to the account and report the driver under the coordination of prosecution, supervision and leadership which carries them.

(4) the Regulation concerning the establishment and communication of the paragraphs referred to in paragraph 1. (3) is approved by order of the Interior Ministry and the prosecutor general's Office of the High Court of Cassation and justice. "
  


Article Act No. 75. 508/2004 on the establishment, organization and functioning of the Public Ministry of the Directorate for the investigation of organized crime and terrorism, published in the Official Gazette of Romania, part I, no. on 23 November 2004 1,089, with amendments and additions thereto, shall be amended as follows: 1. Article 10 shall read as follows:

"Art. 10. (1) within the Directorate for investigating organized crime and terrorism are appointed, by order of the Chief Prosecutor of the Directorate for investigating organized crime and terrorism, with the opinion of the Ministers, highly qualified specialists in the field of processing and recovery of information, economic, financial, banking, customs, as well as in other areas, in order to clarify certain aspects of the technical or specialist in criminal activity.

(2) referred to in paragraph 1. Specialists (1) have the status of civil servant and operate under direct management, oversight and control of prosecutors from the Directorate for the investigation of organized crime and terrorism. Specialists have the rights and obligations stipulated by law for civil servants, with the exceptions provided for in this law. Also, specialists receive properly, the rights referred to in art. 11 and 23 of the Government Emergency Ordinance nr. 27/2006 concerning remuneration and other rights of judges, prosecutors and other personnel from the justice system, approved with amendments and completions by law No. 45/2007, as amended and supplemented.
  

(3) the technical and scientific Finding carried out the order of the Prosecutor's written by the experts referred to in paragraph 1. (1) constitutes evidence, pursuant to article. 172 of the code of criminal procedure. "
  

2. Articles 16, 17 and 19 are repealed.
3. Article 20 ^ 1 shall read as follows: Art. 20 ^ 1. -Prosecutors in the central structure of the Directorate for investigating organized crime and terrorism can take, in order to carry out criminal prosecution, causes the competence of territorial structures of the Directorate, the order of the Chief Prosecutor of the Directorate for investigating organized crime and terrorism. "
4. Article 21 shall be repealed.


Article Act No. 76. 535/2004 on preventing and combating terrorism, published in the Official Gazette of Romania, part I, no. 1,161 of 8 December 2004, with amendments and additions thereto, shall be amended as follows: 1. Article 20 shall read as follows: Art. 20.-national security threats of Romania in relation to offences covered by this law constitutes the legal basis for State bodies involved in the field of national security to request authorization to carry out specific tasks of collecting information, in accordance with the procedure laid down in law No. safety 51/1991 a României, applied properly. "
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 law No. 550/2004 on organisation and functioning of the Romanian Gendarmerie, as published in the Official Gazette of Romania, part I, no. December 13, 2004, 1,175, r) is amended and shall read as follows: "r) shall, according to law, criminal prosecution documents required for offences recorded during the execution of specific tasks, in accordance with article 11. 61 of the code of criminal procedure; "


Article 78 article 52 of law No. 567/2004 on the status of the specialized staff of the courts and the Prosecutor's Office and the staff who work within the National Institute of Forensic Expertise, as published in the Official Gazette of Romania, part I, no. of 14 December 2004, 1,197, with subsequent amendments and additions, the letter f) is amended and shall read as follows: "f) convicted for committing a crime liable to prejudice the profession."


Article Act No. 79. 241/2005 for prevention and combating tax evasion, as published in the Official Gazette of Romania, part I, no. 672 of 27 July 2005, as amended, is hereby amended as follows: 1. The title of chapter III shall read as follows: "CHAPTER III Causes reduction of the sentences, bans and decay" 2. In article 10, paragraph (1) shall read as follows: Art. 10. — (1) in the case of an offence of tax evasion. 8 and 9, if in the course of criminal proceedings or judgment, until the first term of the Court, defendant civil party claims in full cover, within the limits provided by law for the act committed is halved. "


Article 80 article 20 of the Government Emergency Ordinance nr. 100/2005 relating to the enforcement of industrial property rights, published in the Official Gazette of Romania, part I, no. 643 of 20 July 2005, as amended by law No. 280/2005, with amendments and additions thereto, shall be amended and shall read as follows: Art. 20. In fulfilment of obligations-arising from art. 19, and for the purposes of cooperation, in particular for the exchange of information between Romania and the European Commission is designated as a national correspondent, in charge of all matters relating to the implementation of the directive on the flooring to the High Court of Cassation and justice. "


Article Act No. 81. 85/2006 regarding insolvency published in *) Official Gazette of Romania, part I, no. 359 of 21 April 2006, with amendments and additions thereto, shall be amended as follows: 1. Article 36 shall read as follows: Art. 36.-from the date of the opening of proceedings shall be suspended as all judicial actions, measures or extrajudicial execution for carrying out the claims of the debtor or his property except for the shares exercised during a criminal trial. "
2. Article 53 shall read as follows: Art. 53.-the goods disposed of the judicial administrator or liquidator in the exercise of his powers under this Act, are acquired free of any burdens, such as mortgages, movable or real guarantees rights of retention, of any kind, or precautionary measures precautionary measures, except or specific preventive measures put in place during the criminal trial. "— — — — — — — — — — — —-Article law No. 82. 86/2006 Customs Code of Romania, published in the Official Gazette of Romania, part I, no. 350 of 19 April 2006, with subsequent amendments and additions, changes and shall be completed as follows: 1. In article 11, paragraph (2) is amended and shall read as follows: "(2) in the event of refusal, the customs agent referred the matter to the competent organ of the prosecution, which may proceed in accordance with the provisions of art. 190 paragraphs 1 and 2. (2) or (5) of the code of criminal procedure. "
2. In article 11, after paragraph 2, insert a new paragraph, paragraph (3), with the following contents: "(3) in the case of flagrant offences, customs personnel proceed to finding them, according to the provisions of the code of criminal procedure."
3. In article 234, paragraphs (3) and (4) shall be repealed.
4. Articles 276-278 is hereby repealed.


Article 83 article 23 of law No. 96/2006 on the status of Deputies and senators, republished in the Official Gazette of Romania, part I, no. 459 of 25 July 2013 (1) is amended and shall read as follows: "ARTICLE 23 procedure in criminal procedure (1) deputies and Senators may be track and sent to court for criminal acts which have no connection with political opinions or votes cast in the exercise of their power, but they cannot be searched, detained preventively or at times arrested home without the consent of the Chamber they belong and without proceeding to their hearing."
  


Article 84 law nr. 192/2006 on mediation and organisation of the profession of mediator, as published in the Official Gazette of Romania, part I, no. 441 of 22 May 2006, with amendments and additions thereto, shall be amended as follows: 1. In article 2, paragraph (1) shall read as follows: Art. 2.-(1) where the law provides otherwise, parties, natural persons or legal entities, are required to attend a meeting regarding the advantages of mediation, including, where appropriate, after a trial before the competent courts in settling conflicts this way in civil, family, and other materials, as provided by law. "
2. In article 7, point e) shall read as follows: "e) enjoys a good reputation and has never been definitively convicted for committing a crime liable to harm the prestige of the profession;"
3. In article 14, paragraph (2) shall read as follows: "(2) the exercise of the mediator will be suspended by operation of law, if the Ombudsman against it has got the measure of pre-trial detention or arrest at home, until the resolution of criminal process, according to the law."
4. In article 15, subparagraph e) shall read as follows: "e) in the case of the final judgment to willing to defer application of penalty or conviction for an offence which diminishes the prestige of the profession or was willing to apply a deprivation of liberty."
5. In article 60 ^ 1 (1), subparagraph (g)) is hereby repealed.
6. Article 67 shall read as follows:

"Art. 67. — (1) the provisions of this law shall also apply in criminal cases, in both the criminal side and the civil side, after auditioning in this section prove.

(2) The criminal side of the process, the provisions apply only to mediation in cases relating to crimes which, under the law, the withdrawal of the complaint to the parties prior to or removes criminal liability on reconciliation.
  

(3) the parties to the trial subjects may not be compelled to accept mediation procedure. "
  

7. In article 68, paragraph (1) shall read as follows: Art. 68. — (1) in criminal cases mediation must be conducted in such a way as to respect the rights of each party subject to the procedural times legal assistance and, where appropriate, the services of an interpreter. The report drawn up according to this law, whereby the mediation procedure is closed, you must indicate whether the persons among whom the procedure of mediation had benefited from the assistance of a lawyer and an interpreter services times, where appropriate, to indicate that they have expressly renounced. "
8. Article 69 shall read as follows: Art. 69. — (1) where the mediation procedure is conducted before the start of the criminal process and it closes by means of conflict settlement and conclusion of the agreement, according to art. 56 para. (1) (a). a), by way of derogation from article. 157 paragraph 1. (3) of the penal code, the Act will not attract criminal liability for the offender in respect of which the conflict ended through mediation.

(2) the term provided for in the regulations for the introduction of a prior complaint shall be suspended during mediation. If the warring parties have not concluded an agreement, according to art. 56 para. (1) (a). the aggrieved person) can introduce a complaint prior to the same term, who will resume the course from the date on which the minutes of closing the mediation procedure, as well as the time elapsed before the suspension. "
  

9. In article 70, paragraphs (1), (2), (4) and (5) shall read as follows: Art. 70. — (1) where mediation with regard to the criminal side of the case unfolds after the criminal trial, prosecuting or, where appropriate, judgment may be discontinued, in accordance with the presentation by the parties to the contract of mediation.

(2) Suspension lasts until the mediation procedure shall be terminated by any of the ways set out in this law, but not more than 3 months from the date on which it was ordered.
  



(4) criminal proceedings shall be resumed ex officio immediately upon receipt of the report by which it is established that no understanding has been concluded according to art. 56 para. (1) (a). of) or, if it is not communicated upon the expiry referred to in paragraph 1. (2) and (5) For the resolution of criminal action or civil action under the agreement concluded as a result of the mediation, the mediator is obliged to forward to the judicial organ and the mediation agreement the conclusion of mediation in original and electronic form if the parties have reached a settlement or just the minutes concluding the mediation in situations described in article 2. 56 para. (1) (a). b) and (c)). "
  


Article 85 article 36 from Government Emergency Ordinance nr. 86/2006 on the organisation of the activity of insolvency practitioners, republished in the Official Gazette of Romania, part I, no. 724 13 October 2011, as amended and supplemented, after the letter g) insert a new drive letter, letter h) with the following content: "h) where against the practitioner was put in motion criminal proceedings or ordered sending sued for committing a crime liable to harm the prestige of the profession, until a final court ruling."


Article 86 Government Emergency Ordinance nr. 99/2006 concerning credit institutions and capital adequacy, as published in the Official Gazette of Romania, part I, no. of 27 December 2006 1,027, approved with amendments and completions by law No. 227/2007, with amendments and additions thereto, shall be amended as follows: 1. Article 114 shall read as follows: Art. 114. credit institutions shall be obliged to provide to the Prosecutor or court, at their request, information on the nature of banking secrecy, the provisions relating to special surveillance methods or research of the code of criminal procedure by applying it properly. "
2. In article 240 ^ 11 (5)) shall be repealed.


Article 87 article 41 of law No. 291/2007) concerning the entry, grounding, conducting operations 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, (2) is amended and shall read as follows: "(2) the competence of prosecution and judgment belongs to the Romanian military courts and prosecutors ' offices of addition, under the law, whether through treaties or international conventions to which Romania is a party not otherwise."


Article 88 article 3 of Order No. 14/2007 to regulate the manner and conditions of use of the goods entered under 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 (1), (3) and (9) shall be amended and shall read as follows: Art. 3. — (1) the assets seized under the law or uncollected in any judicial proceeding to pass the State's privately owned, pursuant to a decision issued by the judge of the preliminary room or a final and irrevocable court decision ordering their exploitation.
..

(3) the movable property within the organs of the recovery or the holder, in respect of which repayment was ordered by the judge of the preliminary room or by judicial decision remaining final and irrevocable, shall be returned to the owner or the person entitled. In the case of goods raised on the occasion of the finding and sanction contraventions-based protocol, where it has been decided to refund, refund any expenses are borne by the authorities have ordered the seizure.
  

..

(9) the conclusion of the judge's preliminary judgment or room remaining final and irrevocable shall be communicated without delay to the holder, the purpose of the owner or of the person entitled. "
  


Article Act No. 89. 4/2008 on preventing and combating violence on the occasion of the games and sports competitions published in the Official Gazette of Romania, part I, no. 24 of January 11, 2008, with amendments and additions thereto, shall be amended as follows: 1. In article 7, paragraph 6 shall read as follows: "(6) in the event of conduct of sports games with high degree of risk is necessary presence in the sports arena to the prefect or his representative. Notification thereof shall be conducted by the competent gendarmerie unit; "
2. Article 48 shall read as follows: Art. 48. Where a person, on the occasion of a competition or a sports game or in relation to it, has committed a criminal offence prescribed by the law according to art. 31-45, it will take toward it so far as the prohibition of access to sporting competitions such as those to which the Act was committed. "
3. Article 49 shall read as follows: Art. 49. — (1) in the course of the prosecution, so far as the prohibition of access to sporting competitions such as those to which the deed was committed may be taken against the culprit.

(2) the Ordinance through the measure is specified like sports games and competitions to which the accused is prohibited to participate and where participation is prohibited.
  

(3) in the course of prosecution so far as ordering a period which cannot exceed six months and which run from the date on which the order is communicated to the defendant. The period during which the defendant is in a State of detention centres even in other cause, not included in the duration of the measure.
  

(4) the measure may be extended in the course of criminal proceedings for a further period of six months. "
  

4. In article 50, paragraphs 1 to 4 shall read as follows: Art. 50. — (1) the Prosecutor Against the provision making the measure of prohibition of access to sports competitions the defendant may make complaint, within 3 days of travel, to judge rights and freedoms from the court having jurisdiction to jurisdiction at first instance, who stands by his service be terminated.

(2) the complaint shall resolve with summoning the accused, Prosecutor's presence being required.
  

(3) where it finds that the measure is illegal or is not justified, the judge of rights and freedoms has revoked them.
  

(4) the complaint is not standstill. "
  

5. Article 51 shall read as follows:

"Art. 51. — (1) where the deed which he took so far as ordering safety ranking by virtue of art. 16 lit. e)-h) of the code of criminal procedure, the public prosecutor referred the matter to the judge at the preliminary hearing room court jurisdiction to jurisdiction as to the merits, in order to rule through the closing, about maintaining or revoking the measure of prohibition of access to sporting competitions. The provisions of article 50 para. (2) shall apply accordingly.

(2) the period for maintaining the measure may not exceed the maximum time limits specified in article 1. 31-45 for every deed in hand.
  

(3) the conclusion can be contested with opposition, to judge from the preliminary court room superior, within three days, running from the date for those present and the communication for those missing. The provisions of article 50 para. (2) to (4) shall apply accordingly.
  

(4) After the settlement of the appeal shall be returned to the competent prosecutor's dossier, within two days of settlement. "
  

6. In article 52, paragraphs (2) and (5) shall read as follows: "(2) the Court has on the application of the provisional measure of safety after hearing the defendant. The absence of the accused shall not preclude taking legal quote measure.
.

(5) the provisions of article 4. 49 para. (3) and (4) shall apply accordingly. "
  

7. In article 53 ^ 1, paragraph (1) shall read as follows: Art. 53 ^ 1. -(1) the Prosecutor, the judge of the rights and freedoms or the Court shall notify the national information point for sporting events within the General Inspectorate of the Romanian Police Act which ordered implementation, maintenance or revocation of the measure of prohibition of access to some sports competitions in the times 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 additions shall be amended and shall read as follows: Art. 117.-in addition to the criminal investigation bodies are competent to establish the facts. 106 and article. 108-110 forest staff within central public authority responsible for forestry and its territorial structures of the forest, forestry staff within national forest-Romsilva and its territorial structures, forestry staff within forestry ocoalelor approved private and staff empowered within the Romanian Gendarmerie, under art. 61 of the code of criminal procedure. "


Article 91 law nr. 76/2008 on organisation and functioning of the national system of Genetic Data, published in the Official Gazette of Romania, part I, no. 289 of 14 April 2008, with subsequent amendments, shall be amended as follows: 1. In article 4, paragraph 1 letter b) shall read as follows: "(b)) the definitive convicted persons for committing the crimes listed in the annex to the jail, as well as people for whom the Court has decided to postpone the application of the death penalty at sentencing or surrender;"
2. In article 4, paragraphs (4) and (6) shall read as follows: "(4) genetic Profiles of persons referred to in paragraph 1. (3) shall be checked by comparing the S.N.D.G.J. solely for the purpose for which it was made. The genetic profiles of persons referred to in paragraph 1. (3) will be stored in our database until the final resolution of the case in which it was ordered placed in S.N.D.G.J...

(6) genetic Profiles from the category referred to in paragraph 1. (1) (a). d) will be compared in order to identify, with genetic profiles from relatives of grades I and II, and with the other existing categories of genetic profiles in the database. The genetic profiles of relatives serving for identification will be stored in our database until the final resolution of the case. "
  

3. In article 5, paragraph (2) shall read as follows: "(2) biological samples from persons referred to in art. "". (1) shall be made in accordance with art. 190 of the code of criminal procedure, which is applied appropriately. "
4. In article 5, paragraph 3 shall be repealed.
5. In article 5, paragraph (5) shall read as follows: "(5) the judge of rights and freedoms, courts and prosecuting organs at their disposal levy have an obligation to inform the persons referred to in art. "". (1) (a). ) and (b)) that the biological samples harvested will be used for getting and storing the genetic profile in S.N.D.G.J.. "
6. Article 7 shall read as follows: Art. 7.-(1) biological samples from persons referred to in art. "". (1) (a). b) is ordered by the Court, by way of a judgment of conviction or of postponing the application of the death penalty or sentencing cessation.

(2) biological samples from people convicted in jail. "". (1) (a). (b)), for adding genetic profiles in S.N.D.G.J. is performed when entering the prison, the prison medical staff, with the assistance of a guard and a policeman, without any other prior notice on the part of the Court.
  

(3) biological samples from persons referred to in art. "". (1) (a). (b)), for which the Court has decided to postpone the application of the death penalty at sentencing or surrender in order to introduce genetic profiles in S.N.D.G.J., shall be performed by the Romanian Police personnel trained for this purpose immediately after submission of the final judgement of conviction or judgment by which the Court has decided to postpone the application of the death penalty at sentencing or surrender. "
  

7. In article 13, paragraph (2) shall read as follows: "(2) where it has ordered rank or waiver of prosecution, if appropriate, times the payment or cessation of the criminal process, deleting data from S.N.D.G.J. is carried out on the basis of the Ordinance issued by the Prosecutor of the time, as appropriate, in the decision of the Court if there are explicit mentions them on the action of deleting it; in these situations, the Ordinance of the Prosecutor, as appropriate, times of judgment shall be communicated immediately to the administrator S.N.D.G.J. "
8. Article 14 shall read as follows: Art. 14. — (1) the genetic Profiles obtained from persons convicted in jail for committing the crimes listed in the annex, placed in S.N.D.G.J., are deleted after a period of 5 years after their death.

(2) the genetic Profiles obtained from the persons referred to in art. "". (1) (a). b) thesis II, for which the Court has decided to postpone the application of the death penalty or surrendering to sentencing, introduced in S.N.D.G.J., are retained for 10 years and if they die before reaching the time limit in question, the genetic profiles are kept for 2 years after death, after which they are deleted. "
  


Article Act No. 92. 173/2008 relating to active interventions, published in the Official Gazette of Romania, part I, no. 715 of 21 October 2008, with subsequent amendments, shall be amended as follows: 1. Article 104 shall read as follows: Art. 104.-survey of crime referred to in article 1. 101 returns bodies of prosecution, with the active assistance of the inspection within the administration. "
2. Article 106 is hereby revoked.


Article 93 article 12 of law No. 93/2009 relating to non-banking financial institutions, published in the Official Gazette of Romania, part I, no. 259 from April 21, 2009, with subsequent amendments and additions shall be amended and shall read as follows: Art. 12. non-banking financial institutions are obliged to provide to the Prosecutor or the Court of the nature of the information referred to in article 1. 9 para. (1) the provisions of special surveillance methods or research of the code of criminal procedure by applying it properly. "


Article 94 in article 30 of the Government Emergency Ordinance nr. 77/2009 on the organisation and operation of gambling, as published in the Official Gazette of Romania, part I, no. 439 of 26 June 2009, approved with amendments and completions by law No. 246/2010, as amended and supplemented (3) are repealed.


Article 95 to article 12 of the law on local police nr. 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 blatant crime, local police staff shall proceed in accordance with the provisions of article 3. 293 of the code of criminal procedure. "


Article 96 article 27 of Law No. dams safety 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 referred to in this law is established by the decision-making bodies of the criminal investigation or referral staff empowered within central public authority in the field of the administration of national waters times «the Romanian Waters.

(2) the acts entered into by authorized personnel referred to in paragraph 1. (1) are acts of finding, according to art. 61 of the code of criminal procedure. "
  


Article 97


Article 10 of law No. 61/2011 on organisation and functioning of the Department for the fight AGAINST FRAUD, fraud-as published in the Official Gazette of Romania, part I, no. 331 of 12 is amended and shall read as follows: Art. 10. — (1) the Department has quality body of findings, within the meaning of art. 61 of the code of criminal procedure, in respect of the facts that may constitute crimes, what affect the financial interests of the European Union in Romania.

(2) the Department may, at the request of the Prosecutor, to carry out checks on the observance of the legal provisions in the field of the protection of the financial interests of the European Union. "
  


Article 98 the social dialogue Law nr. 62/2011, republished in the Official Gazette of Romania, part I, no. 625 from 31 august 2012, with subsequent amendments, shall be amended as follows: 1. Article 8 shall read as follows: Art. 8.-can be chosen in the governing bodies of the trade union organisations, persons who exercise capacity full and can't run the complementary penalty prohibition of the right to occupy the function of exercising a profession or craft or work which has been used for committing the offence. "
2. In article 63, paragraph (1) shall read as follows: Art. 63.-(1) can be chosen in their management of employers ' organizations people who have full capacity of exercise and are not running the right complementary penalty prohibition to hold function, to exercise a profession or craft or work which has been used for committing the offence. "
3. In article 218, paragraph (3) shall read as follows: "(3) the criminal proceedings shall be put into motion in the injured person's prior complaint, except for the offence referred to in paragraph 1. (1)."


Article 99 article 15 (4) of law No. 55/2012 *) on cooperation of Romania with the European Police Office (Europol), published in the Official Gazette of Romania, part I, no. 185 of 22 March 2012, the letters a and b)) is amended and shall read as follows: "following the completion of the investigation) the police have not ordered the commencement of criminal proceedings;

b) in criminal proceedings, regarding the person in question has been ordered, then waiving prosecution, acquittal, sentencing or waiving termination of criminal process. "
  


Article 100 article 18 of law No. 82/2012 *) on the retention of data generated or processed by providers of publicly available electronic communications networks and services, providers of publicly available electronic communications, as well as for the modification and completion of the law #. 506/2004 concerning the processing of personal data and the protection of privacy in the electronic communications sector, as published in the Official Gazette of Romania, part I, no. 406 of 18 June 2012, is hereby amended and shall read as follows: Art. 18.-the prosecution may request the data retained in accordance with this law in compliance with the provisions of art. 152 of the code of criminal procedure. "


Article 101 Law of electric power and gas, no. 123/2012 published in the Official Gazette of Romania, part I, no. 485 of 16 July 2012, is hereby amended as follows: 1. In article 187, paragraph (2) shall read as follows: "(2) the application for authorisation shall decide the Council's Chamber, without summoning the parties. The judge shall decide on the request for authorization within a maximum of 48 hours from the date the application is submitted through the service be terminated. The conclusion of the reasons and communicated to the competent authority not later than 48 hours after delivery. "
2. In article 187, paragraph 7 is hereby repealed.


Title III Provisions amending and supplementing the Criminal Procedure Code Provisions amending and supplementing the code of criminal procedure law Article 102. 135/2010 relating to the code of criminal procedure, as published in the Official Gazette of Romania, part I, no. 486 of 15 July, 2010, shall be amended and completed as follows: 1. In article 1, paragraph (2) is amended and shall read as follows: "(2) the rules of criminal procedure aiming at ensuring the effective exercise of the powers of the judicial organs with the guarantee of the rights of the parties and other participants in criminal proceedings so as to respect the provisions of the Constitution, of the constituent treaties of the European Union , the other regulations of the European Union in matters relating to criminal procedure law and covenants and treaties regarding fundamental human rights to which Romania is a party. "
2. In article 3, letter c) to paragraph (1) and (3) and (6) is amended and shall read as follows: "(c) verification of function) the legality of sending times netrimiterii in court; a. ..

(3) in carrying out the same criminal trial, the exercise of a judicial function is incompatible with holding any other judicial functions, except as provided for in paragraph 1. (1) (a). (c)), which is compatible with the function of the Court.
  

..

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

3. In article 10, paragraph (3) is amended and shall read as follows: "(3) the suspect has the right to be informed immediately and before he had heard about the deed for the prosecution and its legal classification. The defendant has the right to be informed immediately about the deed for which he set in motion the criminal proceedings against him and the legal classification of it. "
4. In article 12, paragraph (3) is amended and shall read as follows: "(3) the parties and the trial subjects who do not speak or understand Romanian language cannot express the times shall be provided, free of charge, the opportunity to take cognizance of the dossier parts, to speak, and to put the conclusions in court through an interpreter. Where legal aid is compulsory, the suspect or accused shall be permitted free of charge opportunity to communicate through an interpreter, lawyer in preparation for the hearing, the introduction of an appeal or to any other requests pertaining to the resolution of the case. "
5. In article 17, paragraph (2) is amended and shall read as follows: "(2) in the course of criminal proceedings judgement shall be extinguished by the definitive judgement of the backwardness of conviction, sentencing waiver to defer application of punishment, acquittal or cessation of criminal process."
6. In article 19, paragraphs (1) and (3) is amended and shall read as follows: Art. 19. — (1) Civil Action in criminal proceedings for the prosecution of persons responsible for civil tort of civil law for the damage produced by committing the offence which is the subject of criminal action.


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

7. In article 20, paragraphs (6) and (7) is amended and shall read as follows: "(6) where a large number of people who have no interests have been established contrary to the civil party, they may designate a person to represent the interests of the criminal proceedings. If the civil parties have not appointed a common representative, for the proper conduct of the criminal trial, the Prosecutor or the Court may designate, by order, by a reasoned conclusion, a lawyer ex officio to represent their interests. Conclusion or order will be communicated to the parties, who must încunoştinţeze the Prosecutor or court if they refuse to be represented by counsel appointed ex officio. All documents disclosed or representative which representative has knowledge are presumed to be known to the persons represented.

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

8. In article 21, paragraphs (1) and (3) is amended and shall read as follows: Art. 21. — (1) the introduction in the criminal trial of the party responsible civilmente may take place at the request of the party entitled according to the law, within the time limit provided for in art. 20 paragraph 1. (1) and (3) the party responsible may intervene in civilmente criminal proceedings until the completion of the judicial research at first instance, the procedure of taking the stage in which they are located at the time of intervention. "
  

9. In article 24, paragraph (2) is amended and shall read as follows:

"(2) in case of death, reorganization, dissolution or winding up of the responsible civil action civilmente remains within the competence of the Criminal Court if the civil side indicates the heirs or successors in title, 3 times the party responsible civilmente, no later than two months from the date on which he became aware of the circumstance."
10. In article 24, paragraph 3 shall be repealed.
11. In article 25, paragraph (1) shall be amended and shall read as follows: Art. 25. — (1) a court judgment shall be pronounced by the same on both the criminal action and the civil action. "
12. In article 25, paragraph (4) shall be repealed.
13. In article 25, paragraph (5) is amended and shall read as follows: "(5) in case of acquittal of the defendant or of the termination of the criminal proceedings, pursuant to article 13. 391. (1) (a). (b) the first sentence), lit. e), f), (g))) and (j)), and in the case provided for in article 4. 486 para. (2), the Court leaves unresolved civil action. "
14. In article 25, after paragraph 5, insert a new paragraph, paragraph (6) with the following content: "(6) the Court leaves unresolved civil action and if the heirs or successors in title, the liquidators civil party in times expresses its option to continue exercising civil action or, if appropriate, civil side does not indicate heirs, successors in title 3 times party responsible within the timeframe civilmente; 24 para. (1) and (2). "
15. In article 26, paragraphs (1) and (3) is amended and shall read as follows: Art. 26. — (1) the Court may order the civil action, disjoin when resolving its overdue determines reasonable resolution of criminal action. Resolving civil action remains within the competence of the Criminal Court.
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(3) Evidence conducted up until disjungere will be used to settle civil action disjunse. "
  

16. In article 26, paragraph (4) shall be repealed.
17. In article 27, paragraphs (2) and (7) is amended and shall read as follows: "(2) any person aggrieved or its successors, who have formed the civil party in criminal proceedings, may introduce the civil court action if, by final judgment, the Court left unresolved criminal civil action. Samples during criminal process administered can be used in civil court.
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(7) in the case referred to in paragraph 1. (1) judgment of the Court shall be suspended civil after putting in motion the criminal action and the pending resolution of the case in the first instance, but not more than one year. "
  

18. Article 31 is amended and shall read as follows: Art. 31 Attorney Lawyer assisting or representing parties to the trial subjects times according to the law. "
19. In article 36, paragraph 1 (a)) and (b)) is amended and shall read as follows: "the offences provided for in the code) criminal art. 188-191, art. 209-211, art. 254, 263, 282, art. 289-294, art. 303, 304, 306, 307, 309, 345, 346, 354, and art. 360-367;

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

20. In article 36 (1), subparagraph (c)) insert a new drive letter, letter c ^ 1), with the following content: "c ^ 1) crimes of money laundering and tax evasion offences under article. 9 of law No. 241/2005 for prevention and combating tax evasion, as amended; "
38. in article 21, paragraph 1, subparagraph d) is amended and shall read as follows: "d) crimes related lawyers, public notaries, bailiffs, statutory auditors the Court of Auditors, the external auditors and the public;"
22. In article 38 (1), after the letter d) introduce four new letters, the letters e-h)), with the following content: "e) crimes related heads of religious denominations organised in accordance with the law and other members of the clergy, who have at least the rank of Archbishop, or equivalent thereof;

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

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

h) applications for resettlement, in the cases provided by law. "
  

23. In article 39 (1) after subparagraph (c)) are inserted two new letters, letters d and e)), with the following content: "d) crimes related by generals, admirals and marshals;

e) resettlement applications, in the cases provided for 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, judge in first instance crime of high treason, crimes committed by Senators, deputies and members of the European Parliament from Romania, Cabinet members, judges of the Constitutional Court, members of the Superior Council of magistrates, judges of the High Court of Cassation and justice and the prosecutors of the public prosecutor's Office attached to the High Court of Cassation and justice. "
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 in which court upper municipality courts warring, cases in which the course of Justice is discontinued, applications for resettlement in cases stipulated by law, and appeals against judgments handed down by courts of appeal in cases stipulated by law."
26. In article 43, paragraph (3) is amended and shall read as follows: "(3) the provisions of paragraphs 1 and 2. (1) and (2) are applicable and where in front of the same Court are many causes with the same object. "
27. In article 48, paragraph (1) shall be amended and shall read as follows: Art. 48. — (1) where the Court is determined by the quality of the defendant, the Court remains competent to judge even though the defendant, after committing the offence, no longer has that quality, in cases when: (a) is related to the deed) powers of the perpetrator;
  

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

28. Article 53, subparagraphs e and f)) is amended and shall read as follows: "(e)), the use of consent searches and special techniques, methods or procedures or other research evidence according to law;

f) anticipated hearing procedure; "
  

29. In article 56, paragraphs (1) and (3) to (5) is amended and shall read as follows: Art. 56. — (1) the Prosecutor lead and control of criminal activity directly to the police and judicial criminal investigation special organs, as provided by law. In addition, the Prosecutor shall ensure that the acts of the criminal investigation to be carried out in compliance with legal provisions.


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

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

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

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

e) in other cases provided by law.
  

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

(5) Military Prosecutors within the military prosecutor or prosecutors carry out military sections prosecution according to the competence of the public prosecutor's Office, with respect to all participants in committing the crimes committed by the military, are to be the competent court seised under art. 44. "30. In article 58, paragraph (3) is amended and shall read as follows: "(3) if the criminal investigation body finds that it is unable to conduct the prosecution, send forthwith cause the Prosecutor exercising supervision, with a view to referral to the competent organ."
31. In article 63, paragraphs (3) and (4) is amended and shall read as follows: "(3) the prosecution of crimes committed under the conditions laid down in article 21. 41 by the prosecution in Vienna court competent to judge the case, if the law otherwise.

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


32. After article 63 shall be inserted a new section, section 6, the following designation: "the 6th SECTION of the incompatibility and displacement" 33. In article 64, paragraph (4) is amended and shall read as follows: "(4) the judge of freedoms and rights cannot participate in the same case, the procedure of preliminary judging room in the background or in legal remedies."
34. In article 64, paragraph 4 after it introduces two new paragraphs (5) and (6) with the following content: "(5) the judge who participated in the settlement of the complaint against solutions delivered judgment or trial cannot participate in the same case, the judgment in the background or in appeals.

(6) a Judge who has voted on a measure subject to appeal cannot participate in the settlement of the opposition. "
  

35. In article 65, paragraph 4 shall be amended and shall read as follows: "(4) the Prosecutor who has participated as a judge in a case may not, in the same case, to pursue criminal prosecution function or make conclusions in the judgment that causes in first instance and in appeal."
36. In article 67, paragraph (4) is amended and shall read as follows: "(4) the application for objection shall be formulated orally or in writing, showing, for each individual, the incompatibility of the grounds invoked and actually known at the time of the grant application. Application of objection formulated orally shall be recorded in a report and, where appropriate, the conclusion of the meeting. "
37. In article 69, paragraph (2) is amended and shall read as follows: "(2) the application for objection is addressed to either person recuzate, either to the Prosecutor. Where the request is addressed to the person carrying out the penal pursuit, it is obliged to submit necessary along with what you need, within 24 hours, the Prosecutor, without interrupting the course of prosecution. "
38. Article 71 is amended and shall read as follows: Art. 71 Basis about the High Court of Cassation and justice strămută a reason prosecution from the competent appellate court to another appeals court, and the judgment of the Court of appeal of strămută a case to a court or, where appropriate, to a court in Vienna to another court of the same grade from his constituency, when there is a reasonable suspicion that the impartiality of the judges of the Court is affected due to the circumstances of the case quality parts, times when there is a risk of disturbance to public order. Displacement resulting from a cause from a competent military court to another court of the same military-grade ordering military court of appeal, the provisions of this section concerning the displacement resulting from the case by the competent court of appeal being applicable. "
39. In article 72 (1), (5) and (6) is amended and shall read as follows: Art. 72. — (1) Expulsion may be required by the party or by the Prosecutor. During the procedure of preliminary room cannot make application for resettlement.
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(5) the application shall be submitted without delay to the High Court of Cassation and justice, or to the competent court of appeal along with the records.
  

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

40. In article 73, paragraphs (3), (4) and (5) is amended and shall read as follows: "(3) The information sent to the High Court of Cassation and justice or the Court of appeal shall make express mention about încunoştinţărilor, attaching and proofs of their communication.

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

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

41. In article 74, paragraphs (1) to (3) is amended and shall read as follows: Art. 74. — (1) the High Court of Cassation and justice or the competent court of appeal adjudicates an application for resettlement through the sentence.

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

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

42. In article 75, paragraphs 2, 3 and 4 shall be amended and shall read as follows: "(2) the provisions of art. 71-74 is applied properly and in the procedure for preliminary room.

(3) where the displacement during the procedure of preliminary room, proceedings shall be conducted by the Court from which it was displaced.
  

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

43. Article 76 is amended and shall read as follows: Art. 76 Designation to another court for proceedings (1) the Prosecutor who conducts or supervises the prosecution may apply to the High Court of Cassation and justice shall designate another appeals court than that which it would return to the jurisdiction of the jurisdiction at first instance to be notified where it will issue rechizitoriul.
  

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

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

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

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

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

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

44. In article 80, paragraph (1) shall be amended and shall read as follows: Art. 80. — (1) where there are concerned a large number of injured persons who do not have opposites, these interests may designate a person to represent the interests of the criminal proceedings. Where the injured persons have not appointed a common representative, for the proper conduct of the criminal trial, the Prosecutor or the Court may designate, by order, by a reasoned conclusion, a lawyer ex officio to represent their interests. Conclusion or order will be communicated to the persons injured, which must încunoştinţeze within 3 days from receipt of the communication, the Prosecutor or court if they refuse to be represented by counsel appointed ex officio. All documents disclosed or representative which representative has knowledge are presumed to be known to the people represented. "
45. In article 81 paragraph 1, after the letter g) insert a new drive letter, letter g ^ 1), with the following content: "g ^ 1) the right to receive free of charge by an interpreter when you do not understand, do not express themselves well or cannot communicate in Romanian language;"
46. In article 81, after paragraph (1) insert a new paragraph, paragraph (2) with the following contents:

"(2) a person who has suffered an injury which is physical, material or moral through a criminal offence for which the criminal proceedings shall be in motion on its own initiative and that it does not wish to participate in criminal proceedings must notify the judicial body, which, if it considers it necessary, he will be able to hear as a witness."
47. In article 83, after the letter a) introduces a new letter, letter to ^ 1), with the following contents: ' a ^ 1) right to be informed of the Act for which it is sought and the legal classification of it; "
48. In article 83, after the letter g) insert a new drive letter, letter g ^ 1), with the following content: "g ^ 1) right to be informed of his rights."
49. In article 85, paragraph (2) is amended and shall read as follows: "(2) the capacity as a civil party to the person who has suffered an injury through infringement does not remove the right of that person to participate in the capacity of an injured person in the same case."
50. Article 86 is amended and shall read as follows: Art. civilmente 86 party responsible for the person who, according to the civil law, legal or conventional obligation to fix it in whole or in part, alone or severally, damages caused by crime and called to answer in part is in the criminal trial and is called the "responsible party civilmente.
51. In article 88 (3) and (4) is amended and shall read as follows: "(3) the lawyer chosen or appointed ex officio shall be obliged to provide legal assistance to the parties or to the trial subjects.

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

52. In article 91 (2) and (3) is amended and shall read as follows: "(2) throughout the criminal process when legal aid is compulsory, if the lawyer chosen does not ensure unjustified, lacking substitution or unjustifiably refuses to engage in defence, although it was assured the exercise of all rights, the judicial organ shall take procedural steps for the appointment of a lawyer ex officio to replace giving him a reasonable facilities necessary for its preparation and an effective defense, making mention thereof in the minutes of the time, where appropriate, the conclusion of the hearing. In the course of the judgment, when legal aid is compulsory, if the lawyer chosen by the missing or wrongly, does not provide for substitution or refuse to carry out the defense, although exercise has been provided to all procedural rights, the Court shall make arrangements for the appointment of a lawyer ex officio to replace, granting him a time limit of not less than 3 days to prepare the defense.

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

53. In article 92, the name changes to marginal shall read as follows: "the suspect's lawyer and the defendant's rights" 54. Article 92 (1), (6) and (7) is amended and shall read as follows: Art. 92. — (1) in the course of the prosecution, the suspect's lawyer or the accused has the right to participate in the carrying out of any criminal act, with the exception of: a situation in which it is) uses special methods of surveillance research, referred to in the times's head. IV of title IV;
  

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



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

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

55. In article 93, paragraph (1) shall be amended and shall read as follows: Art. 93. (1) in the course of the prosecution, the injured person's lawyer, civil party or party responsible civilmente is entitled to be, pursuant to article încunoştinţat. 92 para. (2) to assist in the performance of any act of prosecution pursuant to article. 92, the right to consult the file and acts to formulate requests and making memories. The provisions of article 89 para. (1) shall apply accordingly. "
56. Article 94 (1), (3) and (4) is amended and shall read as follows: Art. 94. (1) the advocate of the parties and of the main trial subjects shall have the right to request the consultation dossier throughout the criminal process. This right cannot be exercised nor restrained improperly.
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(3) in the course of criminal proceedings, the Prosecutor shall set the date and the duration of the consultation within a reasonable period of time. This right can be a delegate of the criminal investigation.
  

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

57. Article 94, after (7) insert a new paragraph, paragraph (8), with the following contents: "(8) the provisions of this article shall apply accordingly with regard to the right of the parties to the trial subjects and to consult with the main folder."
58. In article 97, paragraph 2, subparagraph (e)) is amended and shall read as follows: "(e)) entries, expert reports or findings, reports, photos, sample material means;"
59. In article 97, after paragraph 2, insert a new paragraph, paragraph (3), with the following contents: "(3) the process of evidence is a legal method for obtaining a sample asset."
60. In article 100, paragraph (3) is amended and shall read as follows: "(3) the request for the provision of evidence in the course of criminal proceedings or of a judgment shall be admissible or reject, motivated by the judicial organs."
61. In article 102, paragraph (3) is amended and shall read as follows: "(3) the nullity of the instrument by which it was ordered or authorized the administration of evidence or that it was determined to exclude the sample."
62. In article 102, paragraph (5) shall be repealed.
63. In article 103, paragraph (3) is amended and shall read as follows: "(3) a judgment of conviction, sentencing of waiver or deferment of the application of the death penalty cannot be found in the decisive measure on statements the investigator, of employees of times witnesses protected."
64. In article 105, paragraph 4 shall be amended and shall read as follows: "(4) in exceptional cases, if it is not present on an authorised person who can communicate through special language, and communication may be made in writing to the hearing of the persons specified in paragraph 2. (3) shall be made by means of any person who has skills in communication, paragraph 1. (2) by applying it properly. "
65. Article 106 is amended and shall read as follows: Art. 106 special rules on wiretapping (1) If, during the hearing of a person, it shows signs of excessive fatigue or symptoms of an illness that affects his mental capacity or natural to participate in obedience, obedience to the judicial organ and the interruption has, where appropriate, take measures to ensure that the person to be examined by a doctor.
  

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

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

66. In article 107 (1) shall be amended and shall read as follows: Art. 107. (1) at the start of the first hearing, the judicial organ shall address to the suspect or defendant questions relating to name, surname, full name, date and place of birth, social security number, name and surname of parents, citizenship, marital status, occupation, education, military times work, occupation, place of residence and address of where he lives and the address to which it wishes to be notified documents, criminal history or whether it is being conducted against another criminal trial If requesting an interpreter if you do not speak or understand Romanian language cannot express times, as well as any other data in order to establish his personal situation. "
67. In article 108, paragraph (3) is amended and shall read as follows: "(3) in the course of criminal proceedings, before the first hearing of the suspect or defendant, shall be notified to the rights and obligations provided for in paragraph 1. 2. These rights and obligations and shall notify in writing under hand, and where there may be times refuses to sign, will conclude a protocol. "
68. In article 108, after paragraph 3, insert a new paragraph, paragraph (4), with the following contents:

"(4) the judicial Organ should bring to the attention of the accused the possibility of concluding, during criminal proceedings, of an agreement as a result of guilt, and in the course of the judgment the opportunity to benefit from a reduction of the penalty prescribed by law, as a result of recognition of accusations."
69. In article 109, paragraph (3) is amended and shall read as follows: "(3) In the course of the hearing, the suspect or the defendant may exercise the right to silence in respect to any of the facts about the circumstances that is the times wondered."
70. In article 110 (1) and (4) is amended and shall read as follows: Art. 110. (1) the statements of the suspect or accused shall be recorded in writing. The statement shall be recorded during the listening questions, mentioning who it has formulated, and it mentions every time start time and the time of the completion of obedience.
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(4) the written Statement shall be signed and the prosecution which proceeded to hearing the suspect or the accused, the judge rights and liberties whenever the presiding court and the Registrar, the suspect's lawyer, the defendant, the injured person, civil party or party responsible civilmente, if they were present, as well as interpreter when the statement was made through an interpreter. "
  

71. In article 111, paragraph 2, letter g) is repealed.
72. In article 116, paragraph (3) is amended and shall read as follows: "(3) may not be subject to the statement of the witness of those facts or circumstances whose privacy may be secret times opposed by law enforcement agencies."
73. In article 116, paragraph (5) shall be repealed.
74. In article 117, paragraph (4) is amended and shall read as follows: "(4) a person who meets one of the qualities specified in paragraph 2. (1) in relation to one of the suspects or defendants is exempted from the obligation to testify against the other suspects or defendants, where his statement cannot be limited only to the latter. "
75. Article 118 is amended and shall read as follows: Art. Right of witness 118 don't accuse a witness Statement given by a person who, in the same case, the Declaration had previously or subsequently acquired the status of suspect times the culprit cannot be used against him. Judicial bodies are required to mention the occasion on logging statement, previous procedural quality. "
76. In article 121, paragraph (6) is amended and shall read as follows: "(6) the provisions of paragraphs 1 and 2. (1) to (5) shall apply accordingly to the procedure of the hearing early, before the judge of rights and freedoms. "
77. In article 124, paragraphs (6) and (7) are repealed.
78. In article 129, paragraph (1) shall be amended and shall read as follows: Art. 129. (1) in the cases referred to in article 1. 126 in paragraph 1. (1) (a). (d)) and art. 127 lit. d), hearing of the witness may be carried out by mediums, without that witness to be physically present in the whereabouts of the body. "
79. In article 129, paragraph (2) is hereby repealed.
80. In article 129, paragraph 3 is amended and shall read as follows: "(3) the main parties to the trial Subjects, and their lawyers can address questions to the witness heard under the conditions of paragraph 1. (1) judicial body rejects questions that might lead to the identification of the witness. "
81. In article 131, paragraph (4) is amended and shall read as follows: "(4) questions and answers shall be recorded in the minutes."
82. Article 133, paragraph (2) is amended and shall read as follows: "(2) the hearing shall consist of the description of any object or person's characteristics and circumstances in which they were seen. The person making the identification is asked if he participated in another identification procedure concerning the same person or the same object, or if the person or object identified have been indicated above times. "
83. the name of chapter IV of title IV of the general part is amended and shall read as follows: "CHAPTER IV special surveillance Methods or research ' 84. In article 138 (1), (2), (9) to (11) and (13) shall be amended and shall read as follows: Art. 138.-(1) Constitute a special surveillance methods or research the following: a) interception of communications or any type of remote communication;
  

b) access to a computer system;
  

c) audio or video surveillance, by shooting;
  

d) location and tracking by technical means;
  

obtaining data on e) financial transactions of an individual;
  

f) detention, rendition or detainment postal;
  

g) using undercover investigators and supporting staff;
  

h) approved the participation of certain activities;
  

I) supervised delivery;
  

j) getting data generated or processed by providers of publicly available electronic communications networks of the time providers of electronic communications services for the public, other than the contents of communications, retained by them pursuant to the law concerning retention of data generated or processed by providers of publicly available electronic communications networks and services, providers of publicly available electronic communications.
  

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



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

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

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

..

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

85. In article 139, paragraphs (2) and (4) is amended and shall read as follows: "(2) the technical supervision may has national security offences against stipulated by the criminal code and special laws, as well as offences of drug trafficking, arms trafficking, human trafficking, terrorism, money-laundering, counterfeiting or other values , forgery of electronic payment tools, cons, heritage of blackmail, rape, lipsire, freedom, tax evasion, corruption offences and offences assimilated to corruption offences, offences against the financial interests of the European Union, the crime which is performed through computer systems or electronic means of communication in the case of other offences for which the law provides for punishment by imprisonment of 5 years or greater.


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

86. Article 140, after paragraph (8) insert a new paragraph, paragraph (9), with the following contents: "(9) At the reasoned request of the injured person, the Prosecutor may request the judge authorizing the interception of communications, registration times and any types of communication carried out through any means of communication, regardless of the nature of the offence forming the subject of the research. The provisions of paragraphs 1 and 2. (1) to (8) shall apply accordingly. "
87. In article 142, paragraph 2 shall be amended and shall read as follows:

"(2) providers of publicly available electronic communications networks or electronic communications services to the public or any type of communication times financial services are obliged to cooperate with the prosecution, with the authorities referred to in paragraph 1. (1) within the limits of their competences, for putting in execution of the mandate of the technical surveillance. "
88. After article 142 shall be inserted a new article, article 142 ^ 1 with the following content: "Art. 142 ^ 1. -(1) Any authorized person who carries out the activities of survey, on the basis of this law, shall have an opportunity to ensure that the electronic signature resulting from the activities of survey, using an extended electronic signature based on a qualified certificate issued by a certification service provider accredited.

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

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

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

89. In article 143, after paragraph 2, insert a new paragraph, (2 ^ 1), with the following contents: (2 ^ 1) every authorized person who carries out copies of a storage medium of computer data that contains the result of survey activities to verify the integrity of the data contained in the original and the copy, after signing the data included in this using an extended electronic signature based on a qualified certificate issued by a certification service provider accredited and enabling them to be unambiguous to the person authorized, this assuming the responsibility in terms of data integrity. "
90. In article 143, paragraph 4 shall be amended and shall read as follows: "(4) Conversations, or communications intercepted and recorded conversations, which relate to the offence forming the subject of the research times contribute to identifying the location of people, times are played by the Prosecutor or the criminal investigation in a report stating the terms of reference issued for the conduct thereof, telephone numbers of workstations, identification data of information systems of the time of access points , the name of persons having conducted communications, if known, the date and time of each call or communication. The minutes shall be certified for authenticity by the Prosecutor. "
91. Article 144, paragraph (3) is amended and shall read as follows: "(3) the total duration of the survey, with respect to the same person and the same deed, shall not exceed, in the same case, 6 months, except the measure of audio or video surveillance, by shooting in private spaces, which may not exceed 120 days."
92. In article 146, paragraph (3) is amended and shall read as follows: "(3) if the Court has decided the question a judgment of conviction, sentencing of waiver or deferment of the application of the death penalty, payment times, cessation of penal process remaining final support material or its copy is conserved through archiving with the dossier of the case from the Court's headquarters, in special places ensuring confidentiality. "
93. Article 148 is amended and shall read as follows: Art. 148 Using undercover investigators or with real ID and collaborators (1) Authorizing the use of undercover investigators can dispose of the prosecutor supervising or carrying out criminal proceedings for a period not exceeding 60 days, if there is one): the reasonable with regard to preparing or committing a crime against national security laid down in the penal code and other special laws and in the case of offences of drug trafficking, weapons smuggling, human trafficking, acts of terrorism or treated as such, terrorist financing, money laundering, counterfeiting, falsification or other values of electronic payment instruments, blackmail, lipsire, tax evasion, corruption offences, offences assimilated to crimes of corruption, of offences against the financial interests of the European Union that is, of the crimes I commit through computer systems or electronic means of communication or if other offences for which the law prescribes jail for 7 years or more times there is a reasonable suspicion that a person is involved in criminal activity related to the offences listed above;
  

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

c) samples or locating and identifying the perpetrator, the suspect accused times could not be obtained in any other way or getting their special difficulties it assumed smooth times investigation there is a danger to the safety of persons or property.
  

(2) Measure ordering the Prosecutor ex officio or at the request of the criminal investigation, which Ordinance must contain, in addition to the particulars provided for in article 10. 286 paragraph 2. (2): activities) the names of undercover investigator is authorized to carry;
  

b) period for which the measure was authorized;
  

c) undercover investigator assigned to the identity.
  

(3) where the Prosecutor considers that it is necessary that the undercover investigator should be able to use technical devices to get photos or audio and video recordings, refer the matter to the judge of the rights and freedoms in order to issue the mandate of survey. The provisions of article 141 shall be applied accordingly.
  

(4) the undercover Investigators are workers within the judicial police operatives. In the case of investigations of crimes against national security and terrorist offences can be used as undercover investigators and operatives workers within State bodies that carry out the law, information activities in order to ensure national security.
  

(5) the undercover Investigator collect data and information on the basis of the order issued pursuant to paragraph 1. (1) to (3), which puts them, in full, at the disposal of the Prosecutor who conducts or supervises the criminal investigation, writing a report.
  

(6) if the investigator requires participation activity authorized to certain activities, the Prosecutor shall proceed according to the provisions of article 3. 150. (1) judicial Bodies may use or provide the undercover investigator any records of the time needed to carry out the activity objects. The work of the person who provides or uses objects do not constitute records times.
  

(8) the undercover Investigators can be heard as witnesses in criminal proceedings under the same conditions as the witnesses threatened.
  

(9) the duration of the measure may be extended for reasons duly justified cases, where the conditions referred to in paragraph 1. (1) each extension may not exceed 60 days. The total duration of the measure, the same question and the same person may not exceed one year, except for offences against life, national security, crime, drug trafficking, weapons smuggling, human trafficking, terrorism, money laundering, and criminal offences against the financial interests of the European Union.
  

(10) in exceptional circumstances, provided that the conditions laid down in paragraph 1. (1), and the use of undercover investigator is not sufficient to obtain data or information times is not possible, the Prosecutor who oversees or performs the prosecution may permit the use of a collaborator, which can be attributed to a different identity than the real world. The provisions of paragraphs 1 and 2. (2) to (3) and (5) to (9) shall apply accordingly. "
  

94. Article 149 is amended and shall read as follows: Art. 149 the measures of protection of undercover investigators and collaborators (1) true identity of undercover investigators and supporting staff with a different identity than the real world cannot be disclosed.
  


(2) the Prosecutor, the judge of rights and freedoms, the judge for preliminary Chamber or the Court has the right to know the true identity of the undercover investigator and collaborator, in compliance with professional secrecy.
  

(3) the undercover Investigator, contributor, informant, and members of their families or other persons subject to threats, intimidation or acts of violence in connection with work carried out by the undercover investigator, informer or collaborator may benefit from specific measures for the protection of witnesses, according to the law. "
  

95. Article 150 is amended and shall read as follows: Art. 150 approved Participation in certain activities (1) participation in certain activities authorized pursuant to article. 138 para. (11) it has the prosecutor supervising or carrying out criminal proceedings for a period not exceeding 60 days, if there is one): the reasonable with regard to preparing or committing a crime of drug trafficking, weapons smuggling, human trafficking, terrorism, money laundering, counterfeiting or other values, blackmail, lipsire of freedom , tax evasion, corruption offences, offences assimilated to crimes of corruption and of offences against the financial interests of the European Union or in the case of other offences for which the law prescribes jail for 7 years or more or if there is a reasonable suspicion that a person is involved in criminal activities that are related, according to art. 43, with the offences listed above;
  

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

c) evidence couldn't be obtained in any other way or getting their special difficulties it assumed smooth times survey might endanger the safety of persons or property.
  

(2) Measure ordering the Prosecutor ex officio or at the request of the criminal investigation, which Ordinance must contain, in addition to the particulars provided for in article 10. 286 paragraph 2. (2) the list of the activities: approved);
  

b) period for which the measure was authorized;
  

(c) a person carrying on activities).
  

(3) authorized Activities can be carried out by a competent criminal investigation, an investigator with the real identity of a undercover investigator or collaborator.
  

(4) activities authorized by the person referred to in paragraph 1. (2) (a). c) do not constitute irregularity or offence.
  

(5) the implementation of these measures shall be recorded in a report which contains: the measure began and ended, data on persons who have been authorized activities, a description of the technical devices used in the case where it has been authorised by the judge of freedoms, rights and the use of technical means, with respect to the identity of the persons who had been implemented.
  

(6) a person who has engaged in activities authorized can be heard as a witness in criminal proceedings, in compliance with the provisions relating to the hearing of witnesses, judicial body threatened that if the hearing is required.
  

(7) the judicial Organs may use or make it available to the person performing the activities authorised any entries or items necessary for authorized activity. The person who provides or uses records will not fold items commits an offence by conducting these activities, where these constitute criminal offences.
  

(8) the measure ordered may be extended by the District Attorney, for duly justified reasons, where the conditions referred to in paragraph 1. (1) each extension may not exceed 60 days.
  

(9) the total duration of the measure, with respect to the same person and the same deed, shall not exceed one year. "
  

96. In article 151, paragraph (c)) (3) and (8) is amended and shall read as follows: "(c)) to ensure that the Prosecutor, the police or other competent State authorities are notified regarding the outcome of criminal proceedings against persons accused of offences that were the subject of special research method to which reference is made in paragraph 2. (1) (8) the bodies referred to in paragraph 1. (6) have the obligation to draw up, at the completion of the delivery monitored on Romanian territory, a report on the activities carried out, and submit it to the Prosecutor. "
  

97. Article 152 is amended and shall read as follows: Art. 152 Getting data generated or processed by providers of publicly available electronic communications networks or electronic communications services to the public, other than the content of the communications, and detained by them (1) the prosecution, with the prior authorization of the judge of freedoms, rights and may require a provider of public electronic communications network or service provider of publicly available electronic communications data retained on the basis of special law concerning the retention of data generated or processed by providers of publicly available electronic communications networks and services, providers of publicly available electronic communications, other than content communication, where there is a reasonable suspicion with respect to committing a crime, and there are grounds for presuming that the particulars which constitute evidence for the category of offences provided for in the law on the retention of data generated or processed by providers of publicly available electronic communications networks and providers of electronic communications services for the public.
  

(2) the judge of the rights and freedoms shall be delivered within 48 hours regarding the request of the prosecution bodies of data transmission through a reasoned conclusion into the Council.
  

(3) providers of publicly available electronic communications networks and service providers of publicly available electronic communications which cooperates with the prosecution have a duty of secrecy of the operation. "
  

98. Article 153 is amended and shall read as follows: Art. 153 getting data on the financial status of a person (1) the Prosecutor may request prior approval, with the judge of rights and freedoms, a credit institution or to any other institution which holds data on the financial status of an individual communication concerning the existence and content of the accounts and financial statements of a person where there are serious indications with regard to committing a crime, and there are grounds for presuming that the particulars which constitute evidence.
  

(2) the measures provided for in paragraph 1. (1) provide ex officio or at the request of the criminal investigation, which Ordinance must contain, in addition to the particulars provided for in article 10. 286 paragraph 2. (2): the institution is in possession of or has under his control data, name the suspect or the accused, the fulfilment of the conditions laid down in paragraph 1. (1) an indication of the institution's obligation to communicate immediately in terms of privacy, the data requested.
  

(3) the institution referred to in paragraph 1. (1) is required to enact immediately available data requested. "
  

99. Chapter V of title IV of the general part is amended and shall read as follows: "chapter V Preserving computer data" 100. Article 154 is amended and shall read as follows: Art. 154 Preserving computer data (1) if there is a reasonable suspicion with respect to preparing or committing a crime, for the purpose of gathering evidence of the identification of the perpetrator, times the suspect or the accused, the Prosecutor who oversees or performs criminal proceedings may order the immediate preservation of certain computer data, including traffic data, that have been stored by means of a computer system and that is in the possession or under the control of the provider of publicly available electronic communications networks times a provider of publicly available electronic communications, where there is a danger of loss or modification thereof.
  


(2) Preservation of the Prosecutor ex officio or at the request of the criminal investigation, for a period not exceeding 60 days, by Ordinance which must include, in addition to the particulars provided for in article 10. 286 paragraph 2. (2) providers publicly available electronic communications networks of the time providers of publicly available electronic communications in the possession of the computer whose data you have times under control, the name of the perpetrator, the suspect or the accused, if known, the description of the data must be preserved, the fulfilment of the conditions laid down in paragraph 1. (1) the duration for which it was issued, a reference to the obligation of the person or the providers of public communications networks and electronic communications services providers of publicly available electronic to conserve computer data indicated immediately and to maintain integrity, confidentiality.
  

(3) Conservation Measure can be extended, for duly justified reasons, the Prosecutor, once, for a period not exceeding 30 days.
  

(4) the order shall be transmitted to the Prosecutor, without delay, any provider of publicly available electronic communications networks of the time provider of electronic communications services for the public in whose possession the data referred to in paragraph 1. (1) the control, which is obliged to immediately, safely preserves privacy.
  

(5) where data on informational traffic is in possession of several providers of public communications networks and electronic communications services providers of publicly available electronic vendor in possession or under the control of computer data which is required to immediately put at the disposal of the criminal information necessary to identify other suppliers with a view to knowing all the elements in the chain of communication used.
  

(6) within the time limit referred to in paragraph 1. (2) and (3), the Prosecutor who oversees or performs criminal proceedings may, with the prior authorization of the judge rights and freedoms require a provider of publicly available electronic communications networks of the time a service provider of publicly available electronic communications data preserved according to law or perhaps picking up this measure possesses. The provisions of article 170 para. (2 ^ 1 2 ^ 5), para. (4) and (5) and of article 23. 171 shall apply accordingly.
  

(7) the judge of the rights and freedoms to pronounce within 48 hours regarding the request of the prosecution bodies of data transmission through a reasoned conclusion into the Council.
  

(8) until the completion of the prosecution, the Prosecutor is obliged to încunoştinţeze in writing to the persons against which criminal proceedings are carried out and whose data have been preserved. "
  

101. Article 155 is hereby repealed.
102. Chapter VI of title IV of the general part is amended and shall read as follows: "CHAPTER VI Search and picking up objects and entries" 103. Article 157 shall be amended and shall read as follows: Art. 157 Cases and conditions under which you may order searches non-residential (1) non-residential Search of goods in your home may be ordered if there is a reasonable suspicion with respect to committing a crime by a person or to the possession of objects or records that are related with a criminal offence and it is assumed that the search may lead to discovery and the taking of evidence with respect to this offence , to preserve traces of the offence or in catching suspect times the culprit.
  

(2) by home means a dwelling or any enclosed space in any way belonging to the times a person or body. "
  

104. Article 158, b) and d) of paragraph 2, subparagraph i) of paragraph (7) and (8) is amended and shall read as follows: "(b)) data indicate the sample times which shows reasonable suspicion with respect to committing a crime or for holding objects related times records with a crime;. ..

d) name, surname and, where necessary, the description of the suspect or accused who is believed to be the place where the search is performed, and an indication of the traces of the offence or other objects which are presumed to exist in the place to be searched.
  

..

I suspect) a description of the perpetrator, or the defendant that is alleged is in the place where the search is performed, the traces of the offence or other objects which are presumed to exist in the place to be searched;
  

..

(8) where the judge considers that rights and freedoms are not satisfied the conditions laid down in article 21. 157, has, through closing, rejecting the application for the grant of domiciliary search. "
  

105. In article 159, paragraph 10 is amended and shall read as follows: "(10) the person searched shall be allowed to be represented by a times aided person."
106. In article 159 (14), point c) is amended and shall read as follows: "(c)) if there is suspicion that the person sought would be able to evade the proceedings."
107. In article 162, paragraphs (4) and (5) is amended and shall read as follows: "(4) articles which have no connection with the cause shall be returned to the person to whom they belong, except those that are subject to confiscation in accordance with the law.

(5) objects serve as evidence, unless they are subject to confiscation in accordance with the law, may be returned even before the final resolution of the process, the person to whom they belong, unless when the refund might impede the understanding of the truth. Prosecution or Court put the views of the person to whom he has been returned to the objects that it is obliged to keep them until the final resolution of the case. "
  

108. Article 168, the name marginal changes and shall read as follows: "Search Informatics ' 109. In article 168, paragraph 2, point f) to paragraph (6), (8), (11) and (12), the letter a) to paragraph (13) and (15) insert a new paragraph, paragraph (16), as follows: "(2) in the course of the prosecution, the judge of the rights and freedoms of the Court to which it would return to the jurisdiction of the jurisdiction at first instance or to the appropriate court in the degree to which the constituency registered office makes Prosecution Attorney who performs or supervises the prosecution may have to carry out a search, at the request of the Prosecutor, when the taking of evidence the discovery and investigation is required of a computer system or a data storage medium.


f) computer system or data storage media information to be searched, and the name of the suspect or accused, if known;
  



(8) where, in connection with the performance of detainment of a computer system or a data storage medium, it is found that the information sought data are contained in another computer system support storage times of computer data and are accessible from the system or support initially, as soon as the Attorney has conservation, copying computer data identified and will require urgent completion of mandate , paragraph. (1) to (7) shall apply accordingly.
  



(11) in the search of a computer system or storage medium of computer data is performed in the presence of the suspect or the accused, article 4. 159 paragraph 1. (10) and (11) shall apply accordingly.
  

(12) the search in a computer system or storage medium of computer data is carried out by a specialist who operates within the judicial bodies or outside thereof, in the presence of the Prosecutor or of the criminal investigation.
  



the name of the person) which was erected the computer system or data storage media and computing times name the person whose computer system is probed;
  



(16) in the course of the judgment, ordering the search computer science by the Court, ex officio or at the request of the Prosecutor, the injured parties or the person, in the cases referred to in paragraph 1. (2) the carrying out of the term computer case is ordered by the Court shall be notified to the Prosecutor, who shall proceed according to paragraphs 1 and 2. (8) to (15). "
  

110. According to article 168 shall be inserted a new section, section 3, with the following name: "section 3 of lifting objects and entries" 111. Article 170, paragraph 1 is amended and shall read as follows: Art. 170. (1) where there is a reasonable suspicion with respect to preparing or committing a crime and there are grounds to believe that an object in writing may serve as evidence in question, the organ of the prosecution or the Court may order the natural or legal person in the possession of the present to them and teach them making, under the evidence. "
112. Article 170, paragraph (2) is amended and shall read as follows:

"(2) in addition, under the terms of paragraph 1. (1) the prosecution or the Court may order: (a)) any natural or legal person from the Romanian territory to communicate certain data information in the possession or under his control, which is stored in a computer system times on a storage medium of computer data;
  

b networking vendor) of any electronic communication or public service provider of publicly available electronic communications to disclose certain data relating to subscribers and users to services rendered in his possession or under his control, other than communications and content than those laid down in article 21. 138 para. (1) (a). j). "
  

113. In article 170, after paragraph (2) to introduce five new paragraphs, (2 ^ 1 2 ^ 5), with the following contents: (2 ^ 1) natural persons or legal entities, including providers of publicly available electronic communications networks or electronic communications services to the public are given an opportunity to provide the required data on the basis of the signing of the para. (2) using an electronic signature based on extended a qualified certificate issued by a certification service provider accredited.
(2 ^ 2) Any person authorized to transmit the requested data on the basis of paragraph 1. (2) has the opportunity to sign data using an extended electronic signature based on a qualified certificate issued by a certification service provider accredited and enabling them to be unambiguous to the person authorized, this assuming the responsibility in terms of the integrity of the data transmitted.
(2 ^ 3) Any authorized person who receives the requested data on the basis of paragraph 1. (2) to verify the integrity of data received and certify this by signing the data integrity using an extended electronic signature based on a qualified certificate issued by a certification service provider accredited and enabling them to be unambiguous to the person authorized.
(2 ^ 4) Every person who shall certify data in electronic signature respond according to law for the integrity and security of those data.
(2 ^ 5) The application of the provisions of paragraph 1. (2 ^ 1 2 ^ 4) shall be made in compliance with the procedures laid down in the detailed rules for the application of this law. "
114. Article 170, paragraph (3) are repealed.
115. Chapter VII of title IV of the general part is amended and shall read as follows: "CHAPTER VII Expertise and finding" 116. Article 172 is amended and shall read as follows: Art. 172 Layout expertise or finding (1) conduct an expert appraisal ordering when recording for clarification or an appreciation of facts showing the times circumstances important for finding out the truth in question is necessary in the opinion of an expert.
  

(2) Expertise shall be ordered, pursuant to article. 100, upon request or ex officio, by the prosecution, by reasoned order, and in the course of the judgment ordering the Court, by a reasoned conclusion.
  

(3) the application of expertise must be expressed in writing, with an indication of the facts and circumstances, subject to assessment and clear objectives to be an expert.
  

(4) the expertise may be carried out by expert officials from specialized institutions or laboratories times by independent experts authorized in the country or abroad, in accordance with the law.
  

(5) the expertise and forensic examination is carried out within the forensic institutions.
  

(6) the Order of the prosecution or the conclusion of the court ordering the effectuation must indicate the facts and circumstances on which the wizard must establish, clarify them and evaluate them, goals to which we must respond, the time in which you have conducted your expertise, as well as the institution of the nominated experts times.
  

(7) in the areas of specialized, if strictly to the understanding of the evidence are required certain specific knowledge or other such knowledge, court times prosecution may request the opinion of some specialists that work within the judicial bodies or outside. The provisions relating to the hearing of the witness shall apply accordingly.
  

(8) when performing the expertise may participate in independent experts, appointed at the request of the parties or to the trial subjects.
  

(9) When there is danger of extinction of some evidence or change in the fact situations required urgent is the explanation of certain facts or circumstances of the case, prosecution may order Ordinance making a finding.
  

(10) the finding is done by a specialist that works within the judicial bodies or outside them.
  

(11) the forensic Certificate has the value of a report of findings.
  

(12) After the completion of the report of findings, the judicial organ considers that an expert opinion is required or when the report's conclusions are challenged the finding, ordering making expertise. "
  

117. Article 173, paragraph 2 shall be amended and shall read as follows: "(2) the prosecution or the Court shall, as a rule, one expert, except in circumstances where, as a result of the complexity of expertise, specialized knowledge required from distinct disciplines, a situation in which two or more designate experts."
118. Article 174, paragraph (3) are repealed.
119. Article 178, paragraph 4, subparagraph (b)) is amended and shall read as follows: "(b)) which are described through expository operations expertise, methods, programs and equipment;"
120. According to article 181 shall be inserted a new article, article 181 ^ 1 with the following content: "Art. 181 ^ 1 Object finding and report of findings (1) prosecution established by Ordinance subject to the finding, the questions you need to answer the expert and the period within which the work is to be carried out.
  

(2) the report shall include a description of the finding made by the specialist operations, methods, programs, and equipment used and the conclusions of the finding. "
  

121. Article 184, paragraph 1, (3), (14) and (16) is amended and shall read as follows: Art. 184. (1) in the case of offences committed by minors aged between 14 and 16 years old, in the case of the killing or injury of the newborn child or fetus by the mother, and when the prosecution or the Court has one doubts over suspect accused in times of discernment committal of the crime makes the subject of the claim, it has to carry out a forensic psychiatric expertise at the same time fixing the time limit for submission for examination.
.

(3) the forensic psychiatric Expertise shall be carried out after obtaining written consent of the person to be subjected to expertise, expressed in the presence of a lawyer chosen or ex officio, in front of the judicial organ, and in the case of the minor, and in the presence of legal guardian.
  



(14) the judge's conclusion against the rights and freedoms of opposition can be made to the judge of the rights and freedoms of the Superior Court of the suspect, the accused or prosecutor within 24 hours of delivery. The appeal against the closure of ordering the internment of nevoluntară shall not suspend the execution.
  



(16) in order to solve the opposition brought by the Prosecutor, the judge of the superior court citing the suspect or the accused has. Participation of the lawyer chosen or appointed ex officio of the suspect accused times. "
  

122. In article 185 paragraph 8, subparagraph (e)) is amended and shall read as follows: "(e) the results of laboratory investigations) carried out on biological samples taken from a corpse and suspicious substances found;"
188. in article 123, paragraphs (1) and (2) is amended and shall read as follows: Art. 188. (1) where there is a suspicion with regard to the production of a poisoning, it has to carry out a toxicological expertise.

(2) the products considered suspicious that would have caused intoxication are sent to forensic institution or another institution. "
  

124. Article 189, paragraph (3) is amended and shall read as follows: "(3) the finding of traumatic injuries is usually carried out through a physical examination. Where it is not possible or necessary to physical examination, carried out on the basis of expertise is medical documentation made available to the expert. "
125. Article 190, paragraphs (1), (5) and (7) to (10) shall be amended and shall read as follows: Art. 190.-(1) physical examination of a person implies external and internal examination of the body, and the collection of biological samples. Prosecution must request the written consent of the person to be examined. In the case of persons lacking in exercise capacity, consent to physical examination is required, and the legal representative in the case of those with restricted capacity of exercise, their written consent must be expressed in the presence of ocrotitorilor.



(5) if the person examined expresses written consent or where there is an emergency, and obtaining the authorisation of the judge under the terms of paragraph 1. (4) would result in a substantial delay of investigations, loss, alteration or destruction of evidence, the prosecution may provide, by Ordinance, physical examinations. Order of the prosecution, and the minutes in which are recorded the activities undertaken in connection with physical examination shall be submitted as soon as the judge of rights and freedoms. If the judge finds that the conditions laid down have been observed at para. (2) has, by a reasoned conclusion, validation of physical examination carried out by the prosecution. Breach by the prosecution of the conditions referred to in paragraph 1. (2) exclusion of evidence obtained by draws physical examination.
  



(7) physical examination of a person's internal body or collection of biological samples must be carried out by a doctor, nurse or a person with medical training, with due regard for privacy and human dignity. Physical examination of the minor who has not reached 14 years of age can be done in the presence of one of the parents, at the request of the parent. Harvesting of both methods of biological samples for genetic expertise in judicial procedures may be performed by specialized staff of the Romanian police.
  

(8) when driving a vehicle by a person under the influence of alcoholic beverages or other substances, biological sampling is carried out the order of finding bodies and with the consent of the person subjected to an examination by a doctor, nurse or a person with medical training, as soon as possible, in a medical institution, under the conditions laid down by special laws.
  

(9) the activities carried out in connection with physical examination shall be entered by the prosecution in a report you need to contain: name and surname of the Criminal Procedure Ordinance, which terminate or conclude by that measure has been ordered, has been completed, the date and time of the beginning and the time it was finished, the name and surname of the person examined physical examination, a description of the nature of the activities, the list of samples in the physical examination.
  

(10) the results obtained from the analysis of biological samples can be used in another criminal case, if you serve the truth. "
  

126. In article 191 (1), (3) and (4) is amended and shall read as follows: Art. 191. (1) Judicial Expertise can genetic features of the criminal investigation body, by Ordinance, in the course of criminal investigation, or by the Court, by concluding, in the course of the judgment, regarding the biological samples collected from individuals or any other samples that have been found to be high times.
..

(3) Biological Samples harvested when examining body may be used only to identify the genetic profile.
  

(4) genetic Profile in judicial conditions para. (3) can also be used in another criminal case, if it serves the truth. "
  

127. In article 192, the name marginal and paragraph (1) shall be amended and shall read as follows: Art. 192 spot Research (1) Research on the spot of the prosecution, and in the course of the judgment by the Court, when it is necessary to determine the finding of direct or clarify certain circumstances actually showing the importance to establish the truth, and wherever there are suspicions regarding the death of a person. "
  

128. Article 193, paragraphs (2) and (3) is amended and shall read as follows: "(2) the judicial Organs shall replenishment activities or situations, taking into account the circumstances in which the act occurred, on the basis of the evidence. Where witness statements, the parties or the trial of the main subjects on the activities or situations where you need to be reconstituted are different replenishment must be performed separately for each variant of the unfolding scene described by them.

(3) When the suspect or defendant is in any of the situations referred to in article 1. 90, restoring is done in his presence, assisted by Defender. When the suspect or defendant is unable or refuses to participate in the reconstitution, it shall be carried out with the participation of another person. "
  

129. Article 194, the name marginal changes and shall read as follows: "the presence of other people at the on-site research and upon reconstitution" 130. In article 195, marginal and name the introductory part of paragraph (1) shall be amended and shall read as follows: Art. 195 minutes of onsite research or reconstitution (1) conducting research on the spot or the ending of a report, which shall contain, in addition to the particulars provided for in article 10. 199: ".
  

131. Article 196, paragraph (3) is amended and shall read as follows: "(3) If it is necessary to identify the fingerprints that were found on certain objects or persons that can be put in relation to the Act of committing the offence place, times the prosecution may require taking the fingerprints of persons believed to have been in contact with those objects for those concerned about photographing, allegedly had connected with the act committed, or were present at the scene. "
132. Article 198, paragraphs (1) and (2) is amended and shall read as follows: Art. 198.-(1) Records may serve as evidence, if their content, facts or circumstances likely to contribute to finding out the truth.

(2) the minutes containing the findings of the prosecution or the Court is evidence. The minutes drawn up by the bodies referred to in article 1. 61 para. (1) (a). the-c)) constitute acts of instituting the criminal prosecution body and does not have the value of the findings in the criminal trial. "
  

133. Article 203, paragraphs (2) and (5) is amended and shall read as follows: "(2) the preventive measures referred to in article 1. 202 para. (4) (a). b) and c) can be taken against the accused in the course of criminal proceedings by the public prosecutor and the judge of rights and freedoms, in the procedure of preliminary room by the judge of the preliminary room, and in the course of the judgment by the Court.
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(5) in the course of criminal proceedings and of the procedure for preliminary room requests, proposals, complaints and appeals regarding preventive measures shall decide the Council's Chamber, by a reasoned conclusion, who stands in the living room. "
  

134. In article 204, paragraphs (1), (2), (6), (11) and (12) shall be amended and shall read as follows: Art. 204.-(1) Against the discharges by which judge of rights and freedoms has on the preventive measures, the defendant and the Prosecutor may seek review, within 48 hours of delivery or, where appropriate, of the communication. The appeal is submitted to the judge of the rights and freedoms which has rejected the conclusion contested and forwarded, together with the file of the case, the judge of the rights and freedoms of the superior court, within 48 hours of registration.

(2) appeals against the judge discharges through which the rights and freedoms of the High Court of Cassation and Justice has over preventive measures are of a completely solves composed of judges from the rights and freedoms of the High Court of Cassation and justice, the provisions of this article shall apply accordingly.
  



(6) in order to solve, citing opposition by the defendant.
  

..

(11) If the conditions laid down are met, it may order the taking of one of the preventive measures referred to in article 1. 202 para. (4) (a). b)-d) or increasing the amount of the bail payment.
  

(12) in the case of acceptance of the opposition brought by the defendant against the conclusion by which it was willing to extend the measure to be taken or pre-trial detention, it may order, subject to the conditions provided by law, rejecting the proposal of making or extending the preventive measure or, as the case may be, replace it with another preventive measure easier and, where appropriate, the implementation without delay of the defendant, if he is not arrested in another question. "
  

135. In article 205, paragraphs (2), (6) and (10) shall be amended and shall read as follows: "(2) appeals against the discharges through which the judge of preliminary room at the High Court of Cassation and justice, has in preliminary proceedings the Chamber deciding upon preventive measures for another of the same court, in accordance with the law.


(6) in order to solve, citing opposition by the defendant.
  



(10) If the conditions laid down are met, with the resolution of the appeal may dispose of one of the preventive measures to be taken under article 4. 202 para. (4) (a). b)-d) or increasing the amount of caution. "
  


136. Article 206, paragraph (7) is amended and shall read as follows: "(7) If the conditions laid down are met, the Court may order the taking of precautionary measures referred to in article 1. 202 para. (4) (a). b)-d) or increasing the amount of caution. "
137. In article 209, paragraph (4) is amended and shall read as follows: "(4) If the suspect or the accused was brought before the criminal investigation body or the Prosecutor to be heard under a warrant issued to bring legal, within the period referred to in paragraph 1. (3) does not include the period as suspect or defendant was under the power of that term. "
138. In article 209, after paragraph (17) insert a new paragraph, paragraph (17), with the following contents: "(14) the person detained shall, under signature, in writing, the rights referred to in art. 83, at art. 210 paragraph 2. (1) and (2) the right of access to emergency care, the maximum duration for which you may order the measure of apprehension, as well as the right to make a complaint against the measure ordered, and if the person detained cannot times refuses to sign, will conclude a protocol. "
139. Article 210, paragraph (2) is amended and shall read as follows: "(2) if the person is not detained Romanian citizen, he has the right to încunoştinţa or încunoştinţarea to request consular mission times of the State of which he is a national or, as appropriate, international humanitarian organizations, if it does not wish to avail himself of the assistance of the authorities of his country of origin , or the competent international organization representation, if it is a refugee or, for any other reason, is under the protection of such organizations. General Inspectorate for immigration is advised in all cases with respect to the disposition of the preventive measure against this class of people. "
140. Article 210, paragraph (4) shall be repealed.
141. Article 210, paragraph (6) is amended and shall read as follows: "(6) by way of exception, for serious reasons, încunoştinţarea may be delayed at most four hours."
142. Article 212 is amended and shall read as follows: Art. 212 judicial control measure to be taken by the Prosecutor (1) the Prosecutor has to the summoning the defendant of liberty or bringing the accused to the detention.
  

(2) the defendant shall be present to their attention immediately, in a language he understands, of the crime of which he is suspected and the reasons for taking the measure of control.
  

(3) judicial control Measure may be taken only after hearing the accused in the presence of the lawyer chosen times appointed ex officio. The provisions of article 209 paragraph 2. (6) to (9) shall apply accordingly.
  

(4) the Prosecutor has taking the measure of control through reasoned judicial order, which shall be communicated to the defendant. "
  

143. Article 213 is amended and shall read as follows: Art. 213 appeal against judicial control measure ordered by the Prosecutor (1) against the order of the Prosecutor took the measure of judicial control, within 48 hours of notification, the defendant may make a complaint to the judge of the rights and freedoms of the Court to which it would return to the jurisdiction of the jurisdiction as to the merits.
  

(2) the judge of the rights and freedoms referred to it under paragraph 3. (1) fixed term of settling in summoning the defendant Board features.
  

(3) failure of the defendant does not prevent the judge from rights and freedoms to dispose of the action taken by the public prosecutor.
  

(4) the judge rights and freedoms heard the defendant when it is present.
  

(5) the legal assistance of the accused and the Prosecutor's participation are required.
  

(6) the judge may revoke the rights and freedoms, whether they were violated laws governing the conditions of its making.
  

(7) the dossier of the case shall be returned to the Prosecutor within 48 hours of the conclusion. "
  

144. Article 215, paragraph 2, subparagraph d) is amended and shall read as follows: "(d)) return to his family's dwelling, not to get closer to the injured person or his family members, other participants in the Commission of the crime, witnesses, experts or other times people designated by the judicial organ and not to communicate with them directly or indirectly no way, on; "
145. Article 215, paragraphs (5) and (7) to (9) shall be amended and shall read as follows: "(5) If, under the obligation provided for in paragraph 1. (2) (a). a), the accused was imposed the ban on leaving the country or in a specific location, a copy of the Ordinance or, as the case Prosecutor, the conclusion shall be made on the day of issue of the Ordinance or the pronouncement of the conclusion, the accused, the police unit in whose constituency resides, and that in whose constituency has the ban has stood it, public service community of persons The Romanian border police, and the General Inspectorate for immigration, the situation of one who is not a citizen, in order to ensure the compliance of the culprit of the obligation which rests. The law enforcement agencies have accused the employee from putting the crossings of the border.
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(7) where, for the duration of the measure, the defendant in breach of judicial control, in bad faith, the obligations incumbent on it or there is reasonable suspicion that he has committed a new offence with intent for which it was willing to setting in motion the criminal action against him, the judge of rights and freedoms, the judge for preliminary Chamber or the Court, at the request of the Prosecutor's Office , may order replacement this measure with the measure of arrest at home or pre-trial detention, as provided by law.
  

(8) during the criminal investigation, the Prosecutor who has taken the measure may provide, on its own initiative or at the reasoned request of the defendant, by Ordinance, impose new obligations for the defendant or discontinuation of replacement times to those originally arranged, if special reasons justifying this after hearing the defendant.
  

(9) the provisions of paragraphs 1 and 2. (8) shall apply accordingly in the room or during the preliminary judgment, when the judge of the preliminary room times the Court has, by concluding, at the reasoned request of the Prosecutor or the accused or from Office, after hearing the accused. "
  

146. Article 215, paragraphs (10) to (15) is hereby repealed.
147. Article 216, paragraph (2) is amended and shall read as follows: "(2) the judge of the preliminary room, in the room, or the Court, in the course of the judgment, may order the taking of judicial control measure against the defendant on bail, provided that the conditions laid down in paragraph 1. (1)."
148. Article 217 is amended and shall read as follows: Art. caution Contents 217 (1) shall be made on fixing the Recorded name of the defendant, by depositing a sum of money at the disposal of the judicial organ, determined either by lodging real estate, securities times, up to an amount of money determined in favour of the same judicial body.
  

(2) the amount of the bail payment is at least 1,000 lei and determined in relation to the seriousness of the accusation of the defendant, material situation and its legal obligations.
  

(3) during the period of the action, the defendant must comply with the obligations laid down in article 21. 215 paragraph 1. (1) and may require fulfilment of one or more of the obligations laid down in article 21. 215 paragraph 1. 2. The provisions of articles. 215 paragraph 1. (3) to (9) shall apply accordingly.
  

(4) Security guarantees the participation of the accused in the criminal process and compliance with the obligations laid down in paragraph 1. (3) and (5) the Court has acted, the seizure by caution if judicial bail control measure has been replaced by the measure of arrest at home or pre-trial detention, for the reasons set out in paragraph 1. 9. (6) in all other cases, the Court, by judgment, return the bail payment.
  

(7) the provisions of paragraphs 1 and 2. (5) and (6) shall apply to the extent that it was not willing pay bail, in the following order, monetary compensations awarded for damages caused by the offence, judicial expenses, or the fine.
  

(8) where a solution has delivered in court, the Prosecutor and a refund of the bail payment.
  

(9) where, during the judicial review or control measure on the accused bail violators, in bad faith, the obligations incumbent on it or there is reasonable suspicion that he has committed a new offence with intent for which it was willing to setting in motion the criminal action against him, the judge of rights and freedoms, the judge for preliminary Chamber or the Court, at the reasoned request of the Prosecutor's Office , may order replacement this measure with the measure of arrest at home or pre-trial detention, as provided by law. "
  

149. Article 218, after paragraph 3, insert a new paragraph, paragraph (4), with the following contents:

"(4) the person against whom the measure has been ordered home to arrest them, under signature, in writing, the rights referred to in art. 83, the right provided for in article 10. 210 paragraph 2. (1) and (2) the right of access to emergency care, the right to appeal against the measure and the right to revoke or replace this measure with another preventive measure, and where the person cannot times refuses to sign, will conclude a protocol. "
150. Article 220, paragraph (2) is amended and shall read as follows: "(2) a preliminary Chamber or Judge Court, seised in accordance with paragraph 1. (1) the defendant has citations. Hearing the defendant is mandatory if it is presented at the specified time. "
151. Article 220, after paragraph 3, insert a new paragraph, paragraph (4), with the following contents: "(4) the provisions of article 4. 219 paragraph 2. (4), (7) and (9) shall apply accordingly. "
152. Article 221, point b) of paragraph (2) and (7) is amended and shall read as follows: "(b)) shall not communicate with any person, or family members of the other participants in the Commission of the offense, with witnesses, experts and the times with others determined by the judiciary. ..

(7) in urgent cases, for good reasons, the defendant may leave the building without the permission of the judge of freedoms, rights and duties of the judge of the preliminary room or court, the length of time strictly necessary to inform immediately about this institution, organ or authority designated with surveillance and judicial body which has taken the measure of arrest at home or in front of which is the cause. "
  

153. Article 222, after paragraph 10 insert a new paragraph, paragraph (11), with the following contents: "(11) the provisions of article 4. 219 paragraph 2. (4) to (6) shall apply accordingly. "
154. Article 227, after paragraph 2, insert a new paragraph, paragraph (3), with the following contents: "(3) the provisions of article 4. 215 paragraph 1. (9) shall apply accordingly. "
155. Article 228 shall be amended and shall read as follows: Art. 228 Încunoştinţarea about preventive arrest and pre-trial detention of the accused (1) after taking the action, the defendant shall be informed immediately, in a language he understands, of the reasons for which it was ordered the preventive arrest.
  

(2) the person against whom the measure has been ordered preventive detention shall, under signature, in writing, the rights referred to in art. 83, the right provided for in article 10. 210 paragraph 2. (1) and (2), and the right of access to emergency care, the right to appeal against the measure and the right to revoke or replace detention with another preventive measure, and where there may be times refuses to sign, will conclude a protocol.
  

(3) Immediately after taking the measure of preventive arrest, judge of the rights and freedoms of the Court of first instance or of the superior court, which ordered the measure, încunoştinţează about this defendant's family member or a person designated by him. The provisions of article 210 paragraph 2. (2) shall apply accordingly. Making încunoştinţării shall be recorded in the minutes.
  

(4) immediately after its introduction in a place of detention, the defendant has the right to încunoştinţa or to request the Administration to place the persons referred to in paragraph încunoştinţeze. (3) about the place where it is held.
  

(5) the provisions of paragraphs 1 and 2. (4) shall apply accordingly in the case of a change of ownership of the place, immediately following the change.
  

(6) the administration of the place of detention is required to bring to the attention of the accused arrested preventively subparagraph of paragraph. (2) to (5) and to record in the minutes the way it was done încunoştinţarea.
  

(7) the defendant's pre-trial may refuse the right to make personal încunoştinţarea only for serious reasons, which shall be recorded in minutes drawn up pursuant to paragraph 1. (6)."
  

156. In article 230, after paragraph 4, insert a new subparagraph (4 ^ 1), with the following contents: "(4 ^ 1) mandate of arrest can be sent police and by fax, by e-mail, or by any means capable of producing a written record under conditions allowing the receiving authorities to establish its authenticity."
157. Article 231 is amended and shall read as follows: Art. 231 the enforcement of preventive arrest mandate issued in the absence of the defendant (1) When the measure of pre-trial detention has been ordered in the absence of the accused, two original copies of the mandate issued shall be forwarded to the police at the domicile or residence of the defendant in order to execute. Where the defendant is not domiciled or resident in Romania, the copies shall be forwarded to the police body within whose territorial court.
  

(2) the term of arrest may be transmitted through organ and fax, email or by any means capable of producing a written record under conditions allowing the receiving authorities to establish authenticity.
  

(3) where the term of arrest contains material errors, but allows the identification of the person and the establishment of the measure in relation to the particulars of the person's existing police records and the judgement of the Court, the measure requiring police executing at the same time shifting the Court clerical errors.
  

(4) the police shall arrest the person indicated on the warrant that 1870 copy of it, in one of the forms referred to in paragraph 1. (1) or (2) as he runs in no more than 24 hours to judge rights and freedoms which ordered the pre-trial detention measure or, where appropriate, to the judge of the preliminary Panel room at times which lie towards the settlement of the case folder.
  

(5) in order to execute the mandate of preventive arrest, the police may enter the domicile or residence of natural persons, without his consent, and in any legal person without his consent of the legal representative thereof, if there are reasonable indications showing a reasonable suspicion that the person of the term lies in his domicile or residence.
  

(6) where the preventive arrest of the accused has been ordered because of failing health, for reasons of force majeure or necessity, the defendant is presented, at the end of these reasons, the judge of the rights and freedoms which has taken the measure of the time, where appropriate, the judge at the preliminary hearing or the bench room that lies to the dossier of the case.
  

(7) the judge shall provide the rights and freedoms of the defendant pursuant to article hearing 225 paragraph 3. (7) and (8) thereof, in the presence of the lawyer, and the defendant's statement in the context of assessment of evidence administered and the reasons contemplated taking the measure, by closing, after having heard the Prosecutor's findings, confirming the arrest and execution of the mandate of the times, where applicable, under the conditions provided by law, the revocation of the pre-trial detention or replace it with one of the preventive measures referred to in article 1. 202 para. (4) (a). b)-d) and release the defendant, unless he is arrested in another question. "
  

158. under article 238 (2) is amended and shall read as follows: "(2) in the course of the judgment, the measure provided for in paragraph 1. (1) has the composition of the Court provided for in law. In this case, the mandate of preventive arrest is issued by presiding. "
159. Article 239, paragraph 2 shall be amended and shall read as follows: "(2) the time limits laid down in paragraph 1. (1) run from the date of referral to the Court where the defendant is in custody, and preventive, respectively, from the date of the execution of the measure when compared to the preventive arrest ordered in interlocutory proceedings in Chamber or in the course of the judgment, or in their absence. "
160. In article 240, paragraph 1 is amended and shall read as follows: Art. 240. (1) where, on the basis of medical documents, it is established that the pre-trial suffers from an illness that cannot be treated in medical network of the National Administration of prisons, the detention place administration features making the treatment under permanent guard of the Ministry of health medical network. The reasons for taking such measures shall be communicated without delay to the Prosecutor during criminal prosecution, the judge of the preliminary room during this procedure, or the Court, in the course of the judgment. "
161. Article 241 (1), subparagraph (d)) is amended and shall read as follows: "(d)) in other cases specifically provided by law."
162. Article 241 (1), subparagraphs (e))-g) are repealed.
163. Article 241, after paragraph (1) insert a new subparagraph (1 ^ 1), with the following contents: "(1 ^ 1) imprisonment and house arrest is terminated by operation of law: a) during criminal proceedings or in the course of the judgment at first instance, upon the maximum provided by law;
  


b) if the duration of the call, the measure has reached the length of the sentence handed down in the judgment of conviction. "
  

164. Article 242, (5), (7) and (8) is amended and shall read as follows: "(5) an application for revocation or replacement of preventive measure sought by the defendant shall be addressed in writing to the judge, the rights and freedoms of the judge of the preliminary room or the Court, as appropriate.


(7) in order to solve the request, judge of rights and freedoms, the judge for preliminary Chamber or the Court shall fix the date of its settlement and features quotes from defendant.
  

(8) When the defendant is present, the application is only made after listening to its effects on all grounds on which the request is based, in the presence of a lawyer chosen or appointed ex officio. The application shall in the absence of the accused and resolves when it does not appear, although it was legally quote or when, due to poor health, for reasons of force majeure condition of necessity, times cannot be brought, but only in the presence of a lawyer, either chosen or appointed ex officio, which gives the word to put conclusions. "
  

165. Article 243, paragraph 4 shall be amended and shall read as follows: "(4) when he ordered the detention or imprisonment of a minor încunoştinţarea specified in article 13. 210 and 228 is made compulsory, and the legal representative thereof or, where appropriate, by the person in the care of the supervision times minor. "
166. Article 249 shall be amended and shall read as follows: Art. 249 the General conditions making precautionary measures (1) the Prosecutor during criminal prosecution, the judge for preliminary Chamber or the Court, ex officio or at the request of the Prosecutor, the Chamber procedure preliminary times in the course of the judgment, it may take precautionary measures, by Ordinance or, as the case may be, by a reasoned conclusion to avoid hiding, destruction, disposal or circumvention of the tracking property that may be subject to forfeiture or confiscation of the extensive special times which can serve to guarantee the execution of death penalty fine or expenses of repairing damage caused by the offence.
  

(2) insurers unavailable Measures consisting in movable or immovable property, by means of a seizure.
  

(3) Precautionary Measures to ensure the execution of the punishment of fine may be taken only upon property of the defendant or the suspect.
  

(4) for the purposes of confiscation Measures insurers or extended confiscation of assets may be suspect or defendant times other people's property or the possession of which the goods are to be confiscated.
  

(5) the measures in order to repair the damage insurers by crime and to ensure the execution of the expenses can take ownership of the suspect or accused and the person in charge, up to civilmente value expected.
  

(6) the precautionary Measures referred to in paragraph (5) may be taken in the course of criminal proceedings, the procedure of preliminary room and of judgment, and at the request of the party. Precautionary measures taken ex officio by the judicial bodies referred to in paragraph 1. (1) can be used by the party.
  

(7) the measures taken under the terms of paragraphs 2 and 3 insurers. (1) are mandatory if the injured party is a person lacking in exercise capacity or restricted exercise.
  

(8) may not be seized property belonging to a public authority or institution of another person governed by public law, nor goods exempted by law. "
  

167. According to article 252 shall be introduced four new articles, articles 252-252 ^ 1 ^ 4, with the following content: "Art. 252 ^ 1 cases of seized movable assets (1) during the criminal trial, before a final judgment, the Prosecutor or the Court which imposed the seizure may provide as soon as sale of movable goods seized at the request of the owner of the goods or where there is consent.
  

(2) during the criminal trial, before a final judgment, when there is to be arranged, movable in respect of which the seizure was instituted the insurer can be recovered, by way of exception, under the following circumstances: a) where, within one year from the date of imposition of the seizure, the value of seized goods decreased significantly, i.e. by at least 40 percent compared with that at the time of disposal precautionary measure. The provisions of article 252 paragraph 1. (1) apply properly and in this case;
  

b) when there is the risk of expiry of the warranty or when seizure insurer has been applied on animals or live poultry;
  

c) when you release the insurer has been applied on products or oil;
  

d) when you release the insurer was applied to goods whose maintenance or storage requires disproportionately in relation to the value of the property.
  

(3) during the criminal trial, before issuing a final judgment when the following conditions are cumulatively met: the owner could not be identified and cannot be made to paragraph 1. (2) vehicles on which the seizure was instituted the insurer can be harnessed in the following situations: (a)) when they were used, in any way, from committing a crime;
  

b) if at the date of the establishment of precautionary measure passed thereon for a period of one year or more.
  

(4) Amounts of money arising from the sale of movable goods made pursuant to paragraph 1. (1) and (2) shall be recorded in the name of the suspect, the accused or the person responsible at the disposal of the body, civilmente judiciary who ordered the seizure. Provisions of art. 252 paragraph 1. (8) concerning the submission of recipisei shall apply accordingly.
  

(5) the sums of money arising from the sale of movable goods made pursuant to paragraph 1. (3) shall be recorded in the name of the perpetrator, the suspect, the accused or the person responsible for civilmente times after the event, in a special account established for this purpose, according to the legal provisions in force at the disposal of the judicial body that has ordered the seizure. Provisions of art. 252 paragraph 1. (8) concerning the submission of recipisei shall apply accordingly.
  

Art. 252 ^ 2 sale of movable goods seized during criminal proceedings (1) in the course of criminal proceedings, where there is consent of the owner, if the Public Prosecutor instituted considers that it is necessary to release the sale of movable goods seized, it shall refer the matter with a reasoned proposal of the judge seized assets on rights and freedoms.
  

(2) the judge of the rights and freedoms referred to it under the terms of paragraph 1. (1) shall fix a time limit which shall not be less than 10 days, to which they are called upon the parties, as well as the custodian of the goods, when one has been designated. The Prosecutor's participation is mandatory.
  

(3) at the specified time, in the room of the Council, it shall notify the parties and the fact that the guardian is planning sale of movable goods seized and have in mind that they have the right to make observations or requests related to the goods to be valued. After examining the objections and requests made by the parties or custodian, the judge of rights and freedoms has reasoned through closing on the recovery of movable goods. 252 ^. (2) legal citations lack the Parties shall not prevent the conduct of the proceeding.
  

(4) the judge's conclusion against the rights and freedoms referred to in paragraph 1. (2) the notice of opposition may be made to the judge of the rights and freedoms of the superior court by the parties, the custodian, the Prosecutor, as well as by any other person within 10 days.
  

(5) the time limit referred to in paragraph 1. (4) communication flows from Prosecutor, parties or custodian or from the date when they were aware of the end for other interested persons.
  

(6) the parties or the custodian may only make opposition against the conclusion by which rights and liberties judge ordered the sale of movable goods seized. The Prosecutor can do only against the closure of opposition whereby the judge of rights and freedoms has rejected the proposal for recovery of movable assets seized.
  

(7) the appeal referred to in paragraph 1. (4) enforcement. suspensive Proceedings is made and, in particular, and the judgment by which it resolves the opposition is final.
  

Art. 252 ^ 3 sale of movable goods seized during the judgment (1) in the course of the judgment, the Court, ex officio or at the request of the Prosecutor, of one party or guardian, may order the seized movables upon recovery. For this purpose, the Court shall fix a time limit which shall not be less than 10 days, to which are cited in the Council Chamber, as well as the custodian of the goods, when one has been designated. The Prosecutor's participation is mandatory.
  


(2) at the specified time, the discussion of the parties, the Council Chamber, sale of movable goods seized and have in mind that they have the right to make observations or requests related to them. Lack of legal parties cited does not prevent the conduct of proceedings.
  

(3) on recovery of seized movable assets, as well as in respect of the claims referred to in paragraph 1. (2) the Court has reasoned through closing. The conclusion of the Court is final.
  

Art. 252 ^ 4 Challenging way to movable goods seized (1) Against the way of bringing to fruition the conclusion provided for in article 4. 252 ^ 2 (2). (3) the judgment or to movable goods seized, provided by art. 252 ^ 2 (2). (7) or article 3. 252 ^ 3 para. (3) the suspect or defendant, the party responsible for the curator, civilmente, any interested person and the public prosecutor may, in the course of the criminal process, opposition to the court having jurisdiction to hear and determine at first instance cause.
  

(2) the notice of opposition referred to in paragraph 1. (1) shall be made within 15 days of the completion of the Act challenged.
  

(3) the Court adjudicates the appeal and, in particular, in open court, with the attendance of the parties, through the service be terminated.
  

(4) after the final settlement of the criminal process, where there has been opposition against the way of bringing to fruition the conclusion or judgement recovery of seized movables under paragraph 1. (1) opposition may be made according to the civil law. "
  

168. Article 253 is amended and shall read as follows: Art. 253 the minutes of seizure and notation or inclusion of mortgage lending (1) organ that applied release a report about all acts carried out under art. 252, describing in detail the assets seized, with an indication of their value. In the minutes shall show the assets and exempt by law from prosecution, according to the provisions of article 3. 249 para. (8) the person to whom i found was foreclosed. It is also the suspect or defendant's objections on record times of the party responsible civilmente, and those of other interested parties.
  

(2) the report referred to in paragraph 1. (1) stated that parties were încunoştinţate that: (a) the asset capitalization) may request or seized goods, pursuant to art. 252 ^. (1);
  

b) during the criminal trial, before a final judgment, moveable property to which the attachment is established insurer can be harnessed by the judicial organ, even without the consent of the owner, provided that the conditions laid down in articles 81 and 82. 252 ^. (2) and (3) a copy of the minutes referred to in paragraph 1. (1) allow the person to whom the ownership of the seizure, and failing that, those with whom he lives, the administrator, or the goalie who typically replaces times a neighbor. In the case where part of the goods or their entirety were taught a custodian, it leaves a copy of the minutes. A copy shall be forwarded to the judicial organ and which ordered precautionary measure to be taken, within 24 hours of the conclusion of the report.
  

(4) for real estate seized, the Prosecutor, the judge of the preliminary room or court which has ordered the establishment of seizure requires competent organ notation on mortgage on the goods seized, enclosing copy of the Ordinance or the conclusion of the ordered seizure and a copy of the minutes of seizure.
  

(5) the provisions of paragraphs 1 and 2. (4) shall apply accordingly with regard to the disposition of property mortgage enrollment. "
  

169. In article 257, (2), (5) and (6) is amended and shall read as follows: "(2) the communication of the subpoenas and all procedural acts shall be made ex officio by the judicial bodies procedurali agents or by any other employee, through the local police or by postal service or courier.


(5) the attendance can be done via e-mail or via any other electronic messaging system, with the consent of the person quoted.
  

(6) the minor aged less than 16 years will be quoted through parents or guardian, except where this is not possible. "
  

170. In article 257, after (7) insert a new paragraph, paragraph (8), with the following contents: "(8) Summoning and procedural documents shall be made in the closed envelope, which will carry the words «for justice. Priority is to be handed over. "
171. In article 259, paragraph (5) is amended and shall read as follows: "(5) If you don't know any address where the suspect or defendant resides, nor his place of work at the headquarters of the judicial organ, it displays a notification should include: a) year, month, day and time when it was made;
  

b) name and surname of the person who made the show and its function;
  

c) name, surname and place of residence or, where appropriate, the residence of the person concerned, headquarters quoted;
  

d) file number in respect of which the notice is made and the name of the judicial organ on the role which the dossier;
  

e) noting that the notification refers to the procedural act of the summons;
  

f of schedule) of the judicial body that has issued the summons in which the recipient is entitled to be present at the judicial organ in order to communicate the summons;
  

g) noting that, if the recipient fails to appear for summons within the time limit referred to in subparagraph (a). (f)), shall be deemed to be communicated to summons the fulfillment of this term;
  

h) signature of person who has displayed the reminder. "
  

172. Article 259, after (7) insert a new paragraph (7 ^ 1), with the following contents: "(7 ^ 1) referenced the Military which, through its master."
173. Article 259, after (12) insert a new paragraph, paragraph (13), with the following contents: "(13) Attendance via e-mail or an electronic messaging system is done at the following e-mail address or coordinates that were listed in the judicial organ for this purpose by the person or representative cited them."
174. In article 260, paragraph (2) is amended and shall read as follows: "(2) if the person summoned refuses to accept the summons, the person authorized to communicate the summons will display a notice on the door of the addressee, concluding a protocol with respect to the circumstances noted. The notification should include: a) year, month, day and time when the display was made;
  

b) name and surname of the person who made the show and its function;
  

c) name, surname and place of residence or, where appropriate, the residence of the person concerned is notified, registered office;
  

d) file number in respect of which the notice is made and the name of the judicial organ on the role which the dossier with details of its registered office;
  

e) noting that the notification refers to the procedural act of the summons;
  

f of schedule) of the judicial body that has issued the summons in which the recipient is entitled to be present at the judicial organ in order to communicate the summons;
  

g) noting that, if the recipient fails to appear for summons within the time limit referred to in subparagraph (a). (f)), shall be deemed to be communicated to summons the fulfillment of this term;
  

h) signature of person who has displayed the reminder. "
  

175. In article 260, after paragraph 2, insert a new paragraph, (2 ^ 1), with the following contents: (2 ^ 1) if the person cited, receiving the summons, refuses or is unable to sign the proof of receipt, the person authorized to communicate about this summons conclude proceedings. "
176. In article 260, after paragraph 6, insert a new paragraph, paragraph (7) with the following content: "(7) where the attendance is achieved according to art. 257 paragraph 4. (5) a person who carries out the attendance shall draw up a report. "
177. Article 261, paragraph (4) is amended and shall read as follows: "(4) in the absence of the persons referred to in paragraph 1. (1) and (2), the operator is obliged to inquire where it can find the person cited to handing him summons. When the person cited can't be found, the agent displayed on the person's dwelling door quotes a notification should include: a) year, month, day and time when filing or, where applicable, the display was made;
  

b) name and surname of the person who made the show and its function;
  

c) name, surname and place of residence or, where appropriate, the residence of the person concerned is notified, registered office;
  

d) file number in respect of which the notice is made and the name of the judicial organ on the role which the dossier with details of its registered office;
  

e) noting that the notification refers to the procedural act of the summons;
  

f of schedule) of the judicial body that has issued the summons in which the recipient is entitled to be present at the judicial organ in order to communicate the summons;
  

g) noting that, if the recipient fails to appear for summons within the time limit referred to in subparagraph (a). (f)), shall be deemed to be communicated to summons the fulfillment of this term;
  

h) signature of person who has displayed the reminder. "
  


178. Article 261, paragraph (6) are repealed.
179. According to article 261 is inserted a new article, article 261 ^ 1 with the following content: "Art. 261 ^ 1 Unable to communicate When communication summons summons cannot be done because the property does not exist, the recipient is no longer inhabitable times living in the building concerned, or when the communication cannot be made for other reasons, the agent shall draw up a report stating that the observed situations, which sends the judicial body that has ordered the summoning. "
180. In article 262, paragraph (2) is amended and shall read as follows: "(2) whenever the teaching, the display or transmission of the subpoena shall conclude a Protocol, it will feature properly and the particulars referred to in paragraph 1. (1) where the attendance is achieved via e-mail or via any other electronic messaging system, the report attaches, if possible, its proof of transmission. "
181. Article 263 shall be amended and shall read as follows: Art. 263 Incidents relating to citation (1) in the course of the judgment, the irregularity concerning the summoning shall be taken into consideration only if the missing term occurred invoking the irregularity following the present legal provisions cited, the sanction of invalidity by applying properly.
  

(2) except in the presence of the accused is mandatory, the irregularity concerning the procedure of summoning a part can be invoked either by the Prosecutor, by the other parties ex officio only the time at which it occurred. "
  

182. Article 266, paragraph (1) shall be amended and shall read as follows: Art. 266. (1) the mandate of remembrance runs through the criminal investigation organs of the judicial police and public order. The person to whom is entrusted the enforcement of the mandate the mandate of the person for whom the forward he was issued, and he asks to accompany. If the person indicated in the warrant refuses to accompany the person who executes the mandate or tries to flee, it will be brought about through coercion. "
183. Article 267 insert name of marginal with the following content: "access to electronic data bases" 184. Article 275 (1), item 2, after subparagraph (c)) insert a new drive letter, letter d) with the following content: "(d) the defendant and the injured party), in the event of reconciliation."
185. Article 276, paragraphs (1) and (3) is amended and shall read as follows: Art. 276. — (1) In the event of a conviction, the prosecution waiver, waiver of the application of the death penalty or to delay the application of the death penalty, the defendant is liable to pay to the injured person, as well as civil party in whom it was considered civil judicial action expenditure made by them.
..

(3) in case of waiver of civil claims, and in the event of a settlement, the mediation times recognition of civil claims, the Court disposes of costs by agreement of the parties. "
  

186. In article 283, paragraph 4, subparagraph (g)) is amended and shall read as follows: "(g)) the failure by the parties, their lawyers, witnesses, experts, interpreters, or any other of the measures taken by the presiding court under art. 352 para. (9) or article 3. 359; "
187. In article 283, paragraph 4, subparagraph (j)) is hereby repealed.
188. In article 283, paragraph 4, letter a) is amended and shall read as follows: "a failure to comply with the obligation referred to) art. 142 paragraph 2. (2) the obligation provided for in, or of art. 152 paragraph 1. (5) of the telecommunications service providers or financial information; "
189. article 284 is amended and shall read as follows: Art. 284 Procedure regarding judicial fines (1) the fine shall apply to the prosecution of the Ordinance, and of the rights and freedoms of the judge, the judge of the preliminary court room, through closing.
  

(2) any person may request the cancellation of the amended times reduction of the fine. The request for cancellation or reduction can be made within 10 days of the notification of completion of the fold Ordinance amendment.
  

(3) if the person fined justifies why he could not fulfill the obligation, the judge of rights and freedoms, the judge of the preliminary room or court may order the cancellation of the time reducing the fine.
  

(4) an application for annulment or reduction of the fine applied by Ordinance will be resolved by the judge of rights and freedoms, through closing.
  

(5) the application for annulment or reduction of the fine applied by closing will be resolved by another judge of rights and freedoms and another judge's preliminary Chamber or a different conclusion through full. "
  

190. Article 286, paragraph 3 shall be repealed.
191. Article 286, paragraph 4 shall be amended and shall read as follows: "(4) the criminal investigation Bodies are supplied by the Ordinance, and procedural measures and formulate proposals through the paper. The provisions of paragraphs 1 and 2. (2) shall apply accordingly. "
192. Article 288, paragraph 2 shall be amended and shall read as follows: "(2) where, under the law, setting in motion the criminal action shall be made only upon the complaint of the injured person, prior to the appeal made by the person prescribed by law or with the authorization of the body required by law, criminal proceedings may not be brought into motion failing."
193. Article 289, paragraph (2) is amended and shall read as follows: "(2) the complaint must include: name, surname, personal code, place of residence of the petitioner and the times, to legal persons, name, Head Office, sole registration code, fiscal identification code, the number of registration in the commercial register or registration in the register of legal entities and bank account, legal representative of conventional times the description of the offence forming the subject of the complaint, as well as an identification of the perpetrator and means of proof, if known. "
194. Article 291 is amended and shall read as follows: Art. 291 Complaints made by persons with leadership positions and others (1) any person with managerial authority within the public administration or other public authorities, public institutions or other legal persons governed by public law, and any person having powers of scrutiny, which, in the exercise of their duties, have become aware of committing a crime for which the criminal proceedings shall be in motion on its own initiative , are required to refer the matter without delay to the prosecution and to ensure that the traces of the criminal offence, offence and any other bodies of proof may not disappear.
  

(2) any person engaged in a service of public interest for which it has been vested by the public authorities or which is subject to their supervision control times on the performance of that service in the public interest, which in the exercise of his powers became aware of committing a crime for which the criminal proceedings shall be in motion on its own initiative, shall refer the matter without delay to the prosecution. "
  

195. Article 293, (3) and (4) is amended and shall read as follows: "(3) in the case of flagrant crime, public order and national security shall draw up a report in which it shall record all issues and activities, and submit it as soon as the criminal prosecution body.

(4) Complaints and claims submitted in writing, as well as misdemeanor body objects and records high on the occasion of the establishment of the crime are put at the disposal of the prosecution. "
  

196. Article 294 (1) to (3) is amended and shall read as follows: Art. 294. — (1) upon receipt of the referral, the prosecution shall proceed with verification of its competence, and in the case referred to in article 1. 58 para. (3) the Prosecutor shall submit the case, together with the proposal for sending the referral to the competent organ.

(2) where a complaint or fails to fulfil the conditions of foresees the form prescribed times description of scene is unclear, incomplete times returned to administrative channels of the petitioner, indicating elements that are missing.
  

(3) when the appeal meets the conditions for admissibility laid down by law, but its the result of foreclosure cases to exercise criminal action provided for in art. 391. (1) criminal investigation bodies, shall submit to the Prosecutor acts, along with ranking proposal. "
  

197. After article 294 shall introduce a new article, article 294 ^ 1 with the following content: "Art. ^ making of 294 1 prior checking (1) whenever it is necessary to carry out a prior authorization or other preconditions for the commencement of prosecution, prosecution shall carry out prior checking.
  


(2) in the cases referred to in paragraph 1. (1) with the Prosecutor's referral to the competent institution, shall submit a report drawn up by the Prosecutor who has been distributed to the work, which will include the results of prior checks relating to committing the offences provided for in the criminal law by the person in respect of which a prior authorization is requested or fulfilling other prerequisites. "
  

198. By article 296, paragraphs (2) and (3) is amended and shall read as follows: "(2) where the injured party is a minor or an incapable, the term of 3 months run from the date when his legal representative has learned about perpetrating the deed.

(3) if the perpetrator is the legal representative of the persons referred to in paragraph 1. (2) the period of 3 months from the date of appointment flows from a new legal representative. "
  

199. In article 298, paragraph (2) is amended and shall read as follows: "(2) after finding blatant offender, prosecution calls the injured party and if it declares a prior complaint, prosecutions. Otherwise, the criminal investigation body shall submit to the Prosecutor acts completed and ranking proposal. "
200. In article 305, paragraph (3) is amended and shall read as follows: "(3) When the data in question and the existing evidence it appears reasonable that the indexes a particular person has committed the deed for which he was prosecuting attorney provides that prosecutions continue to be conducted against it, which acquires the status of the suspect."
201. Article 305, after paragraph 3, insert a new paragraph, paragraph (4), with the following contents: "(4) for applicants for which prosecution is subject to obtaining a prior authorization or fulfilling other prerequisites, prosecution can dispose only after getting authorization or after fulfillment of the condition."
202. Article 306, paragraphs (1) and (5) is amended and shall read as follows: Art. 306. (1) in order to achieve the object of criminal prosecution, criminal investigation bodies are obliged, after referral, to shop and to gather data regarding the information times existence of crimes and identify persons who have committed offences, to take measures for the limitation of their consequences, to collect and manage the samples in compliance with the provisions of article. 100 and 101.
.

(5) When the criminal investigation that is necessary to administer some evidence or use of special surveillance methods that can be approved or arranged, the prosecution phase, only the Prosecutor or, where appropriate, the judge of rights and freedoms, which formulates a reasoned proposal shall contain data and information which are compulsory in the context of that procedure. The report is sent to the Prosecutor together with the file of the case. "
  

203. In article 306, after paragraph 5, to introduce two new paragraphs (6) and (7) with the following content: "(6) Banking Secrecy and professional secrecy, except in the case of the lawyer, Prosecutor, shall not apply after the commencement of prosecution.

(7) the prosecution is obliged to collect the evidence necessary to identify the goods and values that are subject to confiscation and seizure, according to the criminal code. "
  

204. Article 308 shall be amended and shall read as follows: Art. 308 anticipated hearing Procedure (1) where there is a risk that a witness can no longer be heard in the course of the judgment, the Prosecutor may submit to the judge of the rights and freedoms anticipated in order to witness the hearing.
  

(2) the judge of rights and freedoms, if it considers the request to be justified, immediately establishes the date and place of the hearing, the Parties shall dispunându-citing and the trial subjects.
  

(3) the participation of the Prosecutor is compulsory. "
  

205. Article 309 paragraph (1) shall be amended and shall read as follows: Art. 309.-(1) criminal proceedings are put in motion by the Prosecutor, by Ordinance, in the course of criminal proceedings, if it is found that there is evidence which shows the reasonable assumption that a person has committed a crime and there is any of the foreclosure cases, pursuant to article 114. 391. (1)."
206. Article 311 (1) and (2) is amended and shall read as follows: Art. 311. — (1) where, after the commencement of prosecution, the prosecution finds new facts, facts about the involvement of other people or circumstances that can lead to changing the legal classification of the offence, order the extension of the criminal legal framework of changing times.

(2) the criminal investigation which it has ordered the extension of criminal prosecution or changing the legal classification is required to notify the public prosecutor concerning the measure ordered by proposing, where necessary, setting in motion the criminal action. "
  

207. Article 315, paragraphs (1) and (2) is amended and shall read as follows: Art. 315. (1) the ranking of ordering when: a) cannot prosecute, since no substantive conditions are met and essential form of referral;
  

b) there is one of the cases referred to in article 1. 391. (1) and (2) of the Ordinance includes rank markings. 286 paragraph 2. (2) as well as provisions relating to: (a) raising or maintaining measures) insurers; such measures shall be terminated by operation of law if the person aggrieved do not enter action in civil court, within 30 days of the communication of the solution;
  

b) refund of the goods seized or of caution;
  

c) referral judge preliminary proposal of room making the measure of special confiscation;
  

d) judge for preliminary referral to the room with the proposal of abolishing all or part of an inscribed;
  

e) competent court referral according to the provisions of the special law in the field of mental health, with a view to disposing of admission nevoluntare;
  

f) costs. "
  

208. Article 315, after paragraph 4, insert a new paragraph, paragraph (5) with the following content: "(5) a reference to the reasons of fact and law is mandatory only if the Prosecutor does not endorses the arguments contained in the proposal of the criminal investigation or during the criminal suspect has been brought to his attention that, according to art. 307.209. " Article 316, paragraph 1 is amended and shall read as follows: Art. 316.-(1) the order of the ranking shall be communicated to the person who made the copy of referral, the suspect, the accused or, where appropriate, to other interested persons. If the order does not include the grounds of fact and law, shall be made and a copy of the paragraphs of the criminal investigation. "
210. Article 318 is hereby amended and shall read as follows: Art. 318 waiving prosecution (1) in the case of offences for which the law stipulates a fine or jail penalty of not more than 7 years, the Prosecutor may waive prosecution when compared with the content of the scene, with the way and the means of committing the purpose pursued and with concrete circumstances of committing, the consequences of which have been produced or could produce by committing the offence find that there is a public interest in pursuing it.
  

(2) where the perpetrator is known, to the appreciation of the public interest are taken into account and the person arrested or accused of the offence referred to above conduct and efforts for the removal or mitigation of the consequences of the offence.
  

(3) the Prosecutor may order, after consultation with the suspect or accused, as it meets one or more of the following obligations: a) to eliminate the consequences of criminal acts, or to mend the damage produced or to agree with the civil one way of repairing it;
  

b) to ask for public apology to the injured person;
  

c) to provide a community service, for a period of between 30 and 60 days, apart from the case in which, because of their health, the person cannot perform this work;
  

d) to attend a counseling program.
  

(4) where the Prosecutor or the convicted person as a suspect has to fulfil the obligations laid down in paragraph 1. (3) fixed by Ordinance the time by which they are to be met, which may not be longer than six months or nine months for obligations assumed through the mediation agreement concluded with the civil side and flowing communication Ordinance.
  

(5) the order of waiver of prosecution includes, where appropriate, the particulars referred to in article 1. 286 paragraph 2. (2) as well as provisions concerning the measures provided under paragraph 1. (3) of this article and article. 315 paragraph 3. (2) to (4), the time by which you have met the obligations laid down in paragraph 1. (3) of this article and the sanction to the Prosecutor, nedepunerii evidence and judicial expenses.
  

(6) in the case of failure to comply with the bad faith of obligations within the time limit referred to in paragraph 1. (4) the Prosecutor shall revoke the Ordinance. The burden of proving the fulfilment of the obligations or reasons for failure to comply with them is the responsibility of the accused suspect times. A new waiver of prosecution in the same case is no longer possible.
  


(7) Order which ordered the abandonment of criminal proceedings shall be communicated to the person who made the copy of referral, the suspect, the accused or, where appropriate, to other interested persons. "
  

211. In article 321, paragraph (2) is amended and shall read as follows: "(2) the report shall include the particulars mentioned in article 1. 286 paragraph 2. (4) as well as additional data about the sample material means and measures taken with regard to them in the course of research, as well as the place where they are located. "
212. Article 326 is amended and shall read as follows: Art. 326 Sending the case to another flooring when there is a reasonable suspicion that criminal activity is affected because of the circumstances of the case or the quality of the parties or of the trial subjects there is a danger of the main times of disorder, the Attorney general's Office of the High Court of Cassation and justice shall, at the request of the parties, the subject of the proceeding or on its own initiative Maybe send due to an equal degree, flooring articles 73 and 74 being properly applicable. "
213. under article 328, paragraph (1) shall be amended and shall read as follows: Art. 328.-(1) Rechizitoriul is restricted to the deed and the person to whom it was conducted the prosecution and includes entries properly. 286 paragraph 2. (2) data regarding the defendant's burden in the deed and legal classification of the samples and evidence, judicial expenses, the particulars referred to in article 1. 330 and 331, available for reference, as well as other entries required for the settlement of the case. Rechizitoriul is checked in terms of legality and in the determination of the Prime Prosecution Attorney or, where appropriate, the prosecutor general's Office of the Court of appeal, and when it was made, the check is done by the hierarchically superior prosecutor. When it was prepared by a Prosecutor from the public prosecutor's Office attached to the High Court of Cassation and justice, rechizitoriul is checked by the Chief Prosecutor of the Department, and when it was made, shall be made by the Attorney general. In cases with arrest, verification is done and before the expiry of the duration of pre-trial detention. "
214. Article 334 (2) shall be amended and shall read as follows: "(2) where judgment is based on the provisions of art. 346 paragraph 1. (3) (a). the ordering), the resumption by the leader of the hierarchically superior prosecutor Prosecutor times prescribed by law, only when it is satisfied that to remedy the irregularity is necessary to carry out criminal acts. By order of the prosecution will be noted and the acts to be performed. "
215. Article 335 (2) to (4) is amended and shall read as follows: "(2) where the facts or circumstances have arisen from that circumstance has gone on which it is found, then the Prosecutor shall revoke the Ordinance and the reopening of the criminal proceedings.

(3) where it finds that the suspect or the defendant has not met with bad-faith obligations established under art. 318 para. (3) the Prosecutor shall revoke the order and the reopening of the criminal proceedings.
  

(4) the reopening of criminal proceedings is subject to confirmation of the judge's room, within a maximum period of 3 days, on pain of nullity. The judge of the preliminary room decides through reasoned conclusion in the Council without participation of the Prosecutor and the suspect or, where appropriate, of the defendant, in the determination of the legality of the Ordinance and which has ordered the reopening of the criminal proceedings. The conclusion of the judge's preliminary final room. "
  

216. Article 335, after paragraph 4, insert a new paragraph, paragraph (5) with the following content: "(5) where it was ordered rank or waiving prosecution, reopening the prosecution takes place and where the judge has upheld the complaint room against a preliminary solution and sent the case to the Prosecutor's completion of its prosecution. The judge's preliminary room provisions are obligatory for prosecution. "
217. In article 339, paragraph (4) is amended and shall read as follows: "(4) in the case of cessation times rank tracking, the complaint shall be made within 20 days of the communication of the copy of the instrument by which it was decided the solution."
218. Article 341 is amended and shall read as follows: Art. complaint Resolution 341 of the preliminary room judge (1) upon registration of the complaint to the competent court, it shall be sent on the same day the judge of preliminary room. The complaint wrong righted is sent by administrative channels to the competent judicial organ.
  

(2) the judge of the preliminary room time limit of resolution, which shall be made available, together with a copy of the complaint, the public prosecutor and the parties, who may submit written notes regarding the admissibility of the complaint merits times. The claimant shall communicate the term settlement. The person who had concerned the quality of the culprit and may raise exceptions or requests regarding the legality of evidence or administration to carry out the prosecution.
  

(3) the Prosecutor, within a maximum period of 3 days after the receipt of the communication referred to in paragraph 1. (2) the judge shall forward the dossier of the case preliminary room.
  

(4) where a complaint has been lodged with the Prosecutor, it shall submit, along with the file of the case, the competent court.
  

(5) the judge shall pronounce upon the room a preliminary complaint was motivated by concluding, in the Council Chamber, without participation of the petitioner, the Prosecutor and the respondents.
  

(6) in cases where it has not been willing to setting in motion the criminal action, the judge may order preliminary room one of the following: to reject the complaint as) belated or inadmissible or, as the case may be, as unfounded;
  

b) abolishes the complaint, admits the solution attacked and send the case to the Prosecutor motivated to start or to complement the prosecution where appropriate times to put in motion criminal proceedings and to complete criminal proceedings;
  

c) admits a complaint and changing basis of ranking solution appealed, if by doing so it creates a difficult situation for the person who made the complaint.
  

(7) in cases in which he has ordered setting in motion the criminal action, the judge for preliminary room: 1. dismisses the complaint as belated or inadmissible;
2. check the legality of administration and conducting criminal proceedings, exclude wrongful evidence administered times after the event, sanctioned under art. 280-282 criminal acts performed in violation of the law and to reject the complaint: that unfounded);
  

b) abolishes the complaint, admits the solution attacked and send the case to the Prosecutor motivated to complete criminal proceedings;
  

c) abolishes the complaint admissible solution and the start of the judgment under appeal as regards the facts and for which, in the course of the research, was put in motion criminal proceedings, when legally sufficient evidence, are managed folder towards random allocation;
  

d) admitting the complaint and changing basis of ranking solution appealed, if by doing so it creates a difficult situation for the person who made the complaint.
  

(8) the conclusion whereby it was pronounced one of the solutions provided for in paragraph 1. (6) and in para. (7) section 1, subparagraph (c) of paragraph 2. a), b) and (d)) shall be final.
  

(9) in the case referred to in paragraph 1. (7) point 2(a). c), within 3 days from the communication of the conclusion of the Prosecutor and the defendant may make, reasoned opposition on how to resolve the exceptions relating to the legality of the administration of evidence and to carry out the prosecution. The appeal without leave is inadmissible.
  

(10) the appeal shall be submitted to the judge who has settled the complaint and shall be submitted to the judge at the preliminary court room superior times, when the Court with complaint is the High Court of Cassation and justice, competent according to the Law Commission, which shall decide by reasoned conclusion, without the participation of the Prosecutor and the accused may has one of the following: (a) reject the appeal as belated) , or, as the case may be inadmissible, as unfounded and maintains the disposition effect of judgment;
  

b) admits the opposition, dissolved and rejudecă complaint pursuant to paragraph 1. (7) paragraph 2, if the exceptions regarding the legality of evidence or administration of carrying out criminal prosecution were wrong settled.
  

(11) the samples that have been excluded may not be taken into account in judging the merits of the case. "
  

219. Article 342 is amended and shall read as follows: Art. 342 proceeding in camera proceeding preliminary preliminary Chamber is checking, after sending in judgment, competence and legality of referral to the Court, as well as checking the legality of administration and performance of acts by the prosecution. "
343. Article 220 is amended and shall read as follows: Art. 343 duration in a preliminary Chamber

Duration of proceedings in the Chamber is no more than a preliminary 60 days from the date of registration of the case to the Court. "
221. article 344 shall be amended and shall read as follows: Art. 344 Measures leading up to (1) after the date of referral to the Court by indictment, the dossier shall be distributed randomly judge preliminary room.
  

(2) a certified Copy of the indictment and, where applicable, the translation thereof shall be communicated to the accused at the place of retention times, where appropriate, the address where he lives or at the address at which it requested documents from the procedure, bringing them at the same time acknowledges a preliminary proceeding in camera, the right to engage a defender and time period, from the date of the communication, may in writing requests for exceptions regarding the legality of the Administration and performance of acts by law enforcement criminal prosecution. The term is determined by the judge of the preliminary room, depending on the complexity and the particularities of the case, but may not be less than 20 days.
  

(3) in the cases provided for by art. 90, the judge of the preliminary room ensure the appointment of a defender of its own motion and shall, depending on the complexity and the particularities of the case, the period in which it may formulate in writing requests for exceptions regarding the legality of the Administration and performance of acts by the prosecution, which may not be less than 20 days.
  

(4) upon the expiry of the time limits referred to in paragraph 1. (2) and (3) the judge shall notify applications for preliminary room and exceptions of the defendant times ex officio prosecution raised exceptions, which may respond in writing within 10 days of the notice. "
  

222. article 345 is amended and shall read as follows: Art. preliminary proceedings in room 345 (1) whether it has formulated requests for exceptions or exceptions raised of its own motion, the judge of the preliminary room to pronounce upon them, by a reasoned conclusion, in the Council, without the participation of the Prosecutor and the accused, at the expiry of the period provided for in art. 344 paragraph 1. 4. (2) where the judge of preliminary room irregularities of the Act instituting, where sanctions under art. 280-282 criminal acts performed in violation of the law or exclude one or more evidence, the conclusion shall be communicated without delay to the Prosecutor who issued the rechizitoriul.
  

(3) within 5 days of the communication of irregularities Attorney referral remedied and inform the judge of preliminary room available for reference if you maintain the repayment times cause. "
  

223. Article 346 is amended and shall read as follows: Art. 346 Solutions (1) preliminary judge acting through the room closing motivated in the Council without participation of the Prosecutor and the defendant. The conclusion shall be communicated without delay to the Prosecutor and the defendant.
  

(2) If you have not filed claims and exceptions or exceptions raised of its own motion, at the expiry of the time limits laid down in article 21. 344 paragraph 1. (2) or (3), the judge of the preliminary room finds the legality of referral to the Court, and the Administration to carry out criminal acts and the commencement of the judgment.
  

(3) the judge of the preliminary cause of the refunded room flooring: a) is rechizitoriul, and illegally drawn irregularity has not been corrected by the Prosecutor within a period provided for in art. 345 para. (3) if the irregularity or failure of establishing object draws the limits of judgement;
  

b) excluded all evidence administered in the course of criminal proceedings;
  

c) seeks the refund case, pursuant to article. 345 para. (3) either does not respond within the time limit prescribed by the same provisions.
  

(4) in all other cases in which found evidence of irregularities, has ruled out one or several samples managed or prosecuted under art. 280-282 criminal acts performed in violation of the law, the judge of the preliminary room features the beginning of the judgment.
  

(5) the evidence excluded cannot be referred to in the judgment of the case.
  

(6) if it considers that the Court does not have jurisdiction, the judge shall proceed in accordance with article preliminary room. 50 and 51, which properly applies.
  

(7) the judge who has ordered preliminary room commencement exercises the function of the Court judgment concerned. "
  

224. Article 347 is amended and shall read as follows: Art. 347 Opposition (1) within 3 days after the conclusion of the communication provided for in article 10. 346 paragraph 1. (1) the Prosecutor and the defendant may make opposition on how to settle claims and exceptions, as well as solutions. 346 paragraph 1. (3) to (5).
  

(2) the opposition shall be judge of the judge of the preliminary court room from superior to that. When the Court is the High Court of Cassation and justice, judges of the appeal panel shall be responsible, under the law.
  

(3) the provisions of article 4. 343-346 shall apply accordingly. "
  

225. Article 349 is amended and shall read as follows: Art. 349 role of judgment (1) a court judgment settles with inferred cause guaranteeing respect for the rights of trial subjects and to ensure management of samples for full explanation of the circumstances of the case for the purpose of recognizing the truth, with full respect for the rule of law.
  

(2) the Court may settle the cause only on the basis of evidence administered in criminal proceedings, if the defendant calls it and recognizes fully the facts retained in his task and if the Court considers that the evidence is sufficient for finding out the truth and fair resolution of the case, unless the action is for a criminal offence that is punishable by imprisonment for life. "
  

226. Article 351, paragraph (2) is amended and shall read as follows: "(2) the Court is obliged to question the Prosecutor's requests, or other parties to the trial subjects, and exceptions raised by these or ex officio, and to rule over them through reasoned conclusion."
227. Article 352 (7), (8) and (10) to (12) shall be amended and shall read as follows: "(7), any person aggrieved Parties, their representatives, and experts appointed lawyers concerned have the right to inspect documents and contents of the file.

(8) the presiding has the duty to bring to the attention of persons participating in the meeting held in non-public judgment is required to maintain the confidentiality of information obtained during the process.
  



(10) information of public interest shall be provided in the dossier.
  

(11) where classified information is essential for the settlement of the case, the Court shall require, emergency, where applicable, partial declassification, declassification or switching to another degree classification times sharing those classified by the Defender accused.
  

(12) If the issuing authority does not permit the Defender accused access to information classified, they cannot serve the solution of conviction, sentencing of waiver or deferment of the application of the death penalty in question. "
  

228. Article 353, name of marginal and in paragraphs (1) and (2) is amended and shall read as follows: Art. Citing judgment 353 (1) Judgment may take place only if the injured party and the parties are legally quotes and the procedure is performed. The defendant, the party responsible for civil, civilmente and, where appropriate, of their legal representatives is CITES ex officio by the Court. The Court may order the attendance of other subjects to the trial when their presence is required in order to solve the case. The appearance of the injured person or the party in court, in person or through a representative or Attorney lawyer times elected ex officio, if the latter has got in touch with the person represented, any illegality in the procedure of summoning.
  

(2) the principal or other procedural topic present personally, through a representative or through the Defender for a term, and the one which, personally or through a representative or an official defender chosen or the person responsible for receiving mail, i was handed a legal summons for a trial period of no longer being subpoenaed for subsequent deadlines, even though it would disrobe at any of these times except where their presence is required. Soldiers and prisoners are quoted ex officio every time. "
  

229. Article 353, paragraph (5) shall be repealed.
230. Article 353, paragraph (7) is amended and shall read as follows: "(7) where the judgment is delayed, the parties and other persons participating in the proceedings shall take cognizance of the new term of the Court."
231. Article 353, after paragraph 9 insert a new paragraph, paragraph (10), with the following contents:

"(10) a Panel entrusted with prosecuting criminal cases may, ex officio or at the request of the parties, or the person who has suffered loss, to transform the first term or the term taken into cognizance, respecting the principle of the continuity of the judges ' Panel, where objective reasons, the Court cannot work at the deadline or in the settling of the case promptly. Exchange term ordering through the judge's resolution in the Council Chamber and without summoning the parties. The parties will immediately be cited for the new term. "
232. Article 356, paragraph (4) is amended and shall read as follows: "(4) where any person or one party no longer benefiting from the legal assistance of a lawyer of his choice, the Court may grant another term for hiring a new lawyer and his defence."
233. Article 360, paragraph (2) is amended and shall read as follows: "(2) where the Prosecutor participating in the trial, may declare that the prosecutions, put in motion criminal proceedings and may detain the suspect or defendant's on."
234. Article 361 (1) is hereby repealed.
235. Article 363, paragraph (4) is amended and shall read as follows: "(4) where it considers that there is any of the causes that prevent the exercise of criminal action, the Prosecutor, as appropriate, put the conclusions of non payment or criminal trial."
236. Article 364 after paragraph 5, insert a new paragraph, paragraph (6) with the following content: "(6) the defendant may formulate demands, raise exceptions and make conclusions."
237. Article 366 is amended and shall read as follows: Art. 366 injured person Participation and other subjects at the trial and their rights (1) the injured party may be represented by a lawyer.
  

(2) any person aggrieved may make requests, raise exceptions and put the criminal side of the conclusions in the case.
  

(3) the persons whose goods are subject to seizure may be represented by counsel and may formulate demands, raise exceptions and make conclusions regarding seizure. "
  

238. Article 368 (1), (2) and (4) is amended and shall read as follows: Art. 368. — (1) where, under the law, a person's extradition is requested for the purpose of prosecution in a criminal case, the Court's role as the cause may order, by a reasoned conclusion, suspension of judgment until the date on which the requested State will communicate its judgment on the request for extradition. The conclusion of the Court is subject to appeal within 24 hours of delivery, for those present, and communication for those missing, at the superior court.

(2) if requested extradition of a defendant on trial in a case with several defendants, the Court may order, in the interests of good judgments, disjoin case.
  

..

(4) the appeal shall not suspend the execution and controversy in open court, with the participation of the Prosecutor and the injured person and summoning the parties. The appeal is the judge within five days after receipt of the file, without the participation of the Prosecutor and of the parties. "
  

239. under article 370, (2) and (e)) of paragraph 4 shall be amended and shall read as follows: "(2) a judgment by which the Court to pronounce on the appeal, appeal in cassation and appeal on points of law is called decision. The Court to pronounce a decision and in other cases provided by law.
.

e) for which the defendant's deed was sent to court and the texts of the law has been framed deed; "
  

240. Article 374 is amended and shall read as follows: Art. 374 Bringing to their attention the accusations, explanations and requests (1) The first term at which legal citation procedure is carried out and the cause of Justice, the President has to give as the clerk read the instrument by which it was ordered, sending the appropriate times, which ordered the beginning of judgment or make a brief presentation.
  

(2) the President explains what the defendant notified of what i make, you shall notify on the defendant with regard to the right not to make any statement, drawing attention to him that what he says can be used against him, as well as about the right questions to ask coinculpaţilor, injured person, other parties, witnesses, experts and give explanations throughout the judicial research When he counts that as necessary.
  

(3) the President of the civil side, the încunoştinţează responsible person aggrieved civilmente and with respect to the evidence based on the prosecution phase that have been excluded and will not be taken into account in the resolution of the case and put in the injured person's standpoint that it may constitute civil party until the beginning of legal research.
  

(4) In cases in which the criminal proceedings does not cover an offence which is punishable with imprisonment for life, the President put in view of defendant that may require that the judgment take place only on the basis of evidence administered in the course of criminal proceedings and documents presented by the parties, if fully recognizes the facts retained in his task, bringing to their attention the provisions of art. paragraph 1, 396. (10) (5) the President asks the Prosecutor, the injured party if the Parties propose taking samples.
  

(6) where it is proposed, should point out facts and circumstances to be proved, the means by which these tests can be administered, the location of these facilities, and in terms of witnesses and experts, their identity and address.
  

(7) the evidence during prosecution administered and uncontested by the parties is not readministrează in the course of the research. They are made in the debate the parties ' contradictory and are taken into consideration by the Court at the deliberation.
  

(8) the evidence referred to in paragraph (7) may be administered by the Court ex officio, if it considers it necessary for finding out the truth and fair resolution of the case.
  

(9) the Prosecutor, the person aggrieved may require parts of the new administration and in the course of the research.
  

(10) the Court may order ex officio the administration necessary for finding out the truth and fair resolution of the case. "
  

375. Article 241 is amended and shall read as follows: Art. 375 recognition Procedure in the event of accusations (1) If the defendant requires that the judgment take place under the conditions laid down in article 21. 374 para. (4) the Court shall proceed to its obedience, after which, taking the conclusions of the Prosecutor and of the other parties, shall decide on the request.
  

(2) If the application, the Court admits asking the parties and any person aggrieved if they propose taking samples with records.
  

(3) if the Court rejects the request, proceed according to art. 374 para. (5) to (10). "
  

377. Article 242 is amended and shall read as follows: Art. 377 Court Research if recognition of accusations (1) If ordered the judgment to take place under the conditions laid down in article 21. 375 para. (1) the Court shall administer the test with încuviinţate records.
  

(2) Records may be submitted at any time-limit which the Court shall pronounce against demand provided for in art. 375 para. (1) or to a subsequent term, provided for this purpose. For the presentation of a document, the Court cannot give only one term.
  

(3) the provisions of article 4. 383 paragraph 1. (3) shall apply accordingly.
  

(4) if the Court finds, on its own initiative, at the request of the Prosecutor or of the parties, that the legal classification given by the Act instituting the offence must be changed, is bound to question the new employment and to draw the attention of the accused that he has the right to ask to leave the case to the end. The provisions of article 386 para. (2) shall apply accordingly.
  

(5) If in order to establish the legal classification, and if after changing the legal classification, it is necessary to administer other evidence, the Court, taking the conclusions of the Prosecutor and the parties, order the making of judicial research, article 4. 374 para. (5) to (10) aplicânduse properly. "
  

243. Article 378 (1) and (3) to (5) is amended and shall read as follows: Art. 378.-(1) the defendant is left to show everything he knows about the deed for which he was sent to trial, then i may ask questions directly of the Prosecutor, the injured party, the civil side, the party responsible for the other defendants, civilmente, as well as their lawyers and the defendant's lawyer whose hearing is made. The Chairman and other members of the Panel may also ask questions, if it considers it necessary, for the fair resolution of the case.


(3) in situations where the law provides for the possibility for the defendant to be liable for the provision of unpaid community service, it will be asked if they are at least somewhat in agreement, where they will be found guilty.
  


(4) where the defendant is unable to remember certain facts or circumstances or if there is contraziceri between statements made by the accused in court and those given above, the President of its explanations and ask them can give you a read, in whole or in part, the earlier statements.
  

(5) When the defendant refused to give statements, the Court has read the statements he gave earlier. "
  

244. In article 381, (3), (6), (8), (10) and (12) shall be amended and shall read as follows: "(3) the Chairman and other members of the Panel may address questions to the witness, whenever it considers it necessary, for the cause of the settlement fair.


(6) When the witness is unable to remember certain facts or circumstances or if there is contraziceri between the statements made in court and the previous data, after the witness was led to declare everything you know, the President can give, in whole or in part, the earlier statements.
  



(8) If one or more witnesses are missing, the Court may order the judgment be motivated continuation postponing the case either. The witness whose lack is justified can be brought with the mandate of remembrance.
  



(10) the Court, having taken into account the conclusions of the Prosecutor, the injured person and the parties, can countenance no departure, after having heard their witnesses.
  



(12) the provisions of article 4. 130-134 and art. 306 para. (6) shall apply accordingly. "
  

245. Article 386, paragraph (1) shall be amended and shall read as follows: Art. 386. — (1) If in the course of the judgment is deemed to be the legal classification of the offence given by the Act of referral is to be changed, the Court is obliged to question the new employment and to draw the attention of the accused that he has the right to ask to leave the case to the end, or postponement to prepare his defence. "
246. In article 388, paragraph (5) shall be repealed.
247. In article 391 (1) is amended and shall read as follows: Art. 391.-(1) Deliberating and judgment shall be made on the day on which the debates took place or at a later date, but not later than 15 days after the closure of the debate. "
248. Article 395 is amended and shall read as follows: Art. 395 Resume Court research or debate (1) If during the judging process, the Court considers that a particular circumstance should be lămurită and it is necessary to resume judicial research or debate, putting the cause. Citing provisions shall apply accordingly.
  

(2) If the judgment held pursuant to article. 375 para. (1) and (2), and the Court finds that the settlement of the criminal action it is necessary to other administration samples outside the records referred to in article 1. 377 para. (1) to (3), call the cause pending judicial research and performing. "
  

249. In article 396, (3), (4) and (8) is amended and shall read as follows: "(3) renunciation to the application of the death penalty is pronounced if the Court finds beyond a reasonable doubt, that the Act constitutes offence exists and was perpetrated by the defendant, pursuant to article. 80-82 of the penal code.

(4) defer application of the death penalty is pronounced if the Court finds beyond a reasonable doubt, that the Act constitutes offence exists and was perpetrated by the defendant, pursuant to article. 83-90 of the penal code.
  



(8) If the defendant has asked the criminal process under art. 18 and it is found that there are incidents the cases referred to in article 1. 391. (1) (a). a)-(d)), the court pronounces the cessation of criminal process. "
  

250. In article 396, after paragraph 9 insert a new paragraph, paragraph (10), with the following contents: "(10) When the judgment was carried out pursuant to article. 375 para. (1) and (2) when the accused's request that the judgment take place under these conditions was rejected or when researching Court held article. 377 para. (5) article 6. 395 paragraph 2(b). (2), and the Court retains the same fact situation as that described in document instituting and recognised by the defendant in the event of a conviction or deferred the application of the death penalty, the limits of punishment provided by law if the prison sentence shall be reduced by one third, and in the case of the punishment with a fine fourth. "
251. In article 399 (8) and (9) shall be amended and shall read as follows: "(8) the Court has the seizure of judicial caution if the control measure on bail has been replaced with the measure of arrest at home or pre-trial detention, for the reasons set out in art. 217 paragraph 1. (9), and was not willing to pay bail amounts under art. 217. (9) arrest at home for the duration of the measure shall be deducted from the punishment imposed by the equivalence of a remand days at home with a day of punishment. "
  

252. In article 399, after paragraph 9 insert a new paragraph, paragraph (10), with the following contents: "(10) After judgment, pending an appeal of the Court of appeal, the Court may order, upon request or ex officio, revoke or replace, a preventive measure with regard to the defendant convicted under the law."
253. Article 403 (2) and (3) is amended and shall read as follows: "(2) in the event of conviction, sentencing cessation or delay the application of the death penalty, to be mandatorily detained deed Court in charge of the defendant, form and the degree of guilt, aggravating or attenuating circumstances, the relapse, what time is deducted from the punishment pronounced respectively during which will be deducted from the punishment laid down in the event of cancellation or revocation of waiver sentencing times the postponement of the application of the death penalty, as well as acts resulting from the period to be deducted.

(3) where the Court retains the responsibility of the accused only part of the facts forming the subject-matter of submission to court, it will show in the judgment for which specific facts pronounced condemnation or, as the case may be, the abandonment of sentencing or defer application of the death penalty, and for which specific facts, the cessation of the criminal trial or acquittal. "
  

254. Article 403, after paragraph 3, insert a new paragraph, paragraph (4), with the following contents: "(4) in the event of surrender of the sentencing and the postponement of the application of the death penalty, and in the case of suspension of the sentence under supervision in the present judgment will be the reasons for the waiver or deferral times, where appropriate, suspension and will show the consequences to the person to whom these were willing if the solutions will commit offences or where appropriate, unless the supervisory measures will not execute the obligations incumbent on it during the term of supervision. "
255. Article 404, paragraphs (1) to (3) and (7) is amended and shall read as follows: Art. 404. (1) the device must contain the information referred to in article 1. 107 concerning the person of the defendant, the solution given by the Court in respect of the offence, giving the name and the text of the Bill falling, and in case of acquittal or cessation of the criminal process, and therefore cause according to art. 16, and the solution on the settlement date of the action.

(2) When the Court has, in sentencing device mentioned the main punishment used. Where has suspended its device is mentioned and surveillance measures and obligations, laid down in article 21. 93 para. (1) to (3) of the penal code, which must meet in order to convict, the consequences of their non-compliance with its views and new offences was committed and shall indicate the two entities in the community where they are to perform their obligation to provide a community service, referred to in art. 93 para. (3) of the penal code, after consulting the list concerning the possibilities of enforcing existing at the level of each of the probation service. Probation officer, on the basis of the initial assessment, will decide which of the two institutions from the community as referred to in the judgment to execute an obligation and type of activity. When the Court has so far as educational supervision in device mentioned person who carries out the supervision and guidance of the minor.
  


(3) When the Court has to dispense with the application of the death penalty, the device is made mention about application warning, according to art. 81 of the penal code, and when it has to defer application of the death penalty, the penalty fixed device mentioned whose implementation is delayed, and surveillance measures and obligations, laid down in article 21. 85 paragraph 4. (1) and (2) of the penal code, which must be complied with by the defendant, in view of its failure to meet the consequences of their having committed new crimes, and if it imposed an obligation to provide a community service, mentions two entities in the community where they are to execute this obligation shall, after consulting the list concerning the possibilities of enforcing existing at the level of each of the probation service. Probation officer, on the basis of the initial assessment, will decide which of the two institutions from the community as referred to in the judgment to execute the obligation and the nature of the work and direction of the minor.
  

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(7) the device must contain an indication that the ruling is subject to appeal, with the brightness of the period within which it may be exercised, the date the judgment was rendered and that pronouncement was made in open court. "
  

256. Article 407 shall be amended and shall read as follows: Art. 407 (1) the communication of the judgment after a copy of the ruling shall be communicated to the Prosecutor of the hour, the injured parties, the person and, if the defendant is arrested, the administration of the place of detention, to carry on the appeal. If the defendant does not understand the language Romanian, a copy of the ruling shall be communicated to the minute in a language which he understands. After the drafting of the judgment, the judgment shall be made known to them as a whole.
  

(2) where the Court has ordered the postponement of the application of the death penalty or suspension of sentence under supervision, the probation service shall be notified and, where appropriate, the competent organ or authority to verify compliance with the obligations laid out by the Court. "
  

257. Article 409 (1), subparagraph (c)) is amended and shall read as follows: "(c)), in relation to the criminal side and the civil side, and the party responsible civilmente, regarding the civil side, and concerning the criminal side, to the extent that the solution of this side of the solution in the civil side;"
258. article 412 is amended and shall read as follows: Art. 412 Declaration and motivate call Call (1) it is hereby declared by written request, which must contain the following: a) the file number, the date and number of the decision appealed against or conclusion;
  

(b) the name of the Department which was) pronounced the decision appealed against;
  

c) name, surname, personal identity number, code quality and domicile, residence or abode, and signature of the person who States the call.
  

(2) a person who is unable to sign, the application will be certified by an officer of the Court whose decision is attacking or lawyer.
  

(3) the application for appeal may be unsigned neatestată times confirmed in court for her part in the times of the first term representative with legal procedure have been met.
  

(4) the call shall state the reasons in writing, the reasons in fact and law on which it is based. "
  

420. in article 259, paragraph 12 is amended and shall read as follows: "(12) Call against discharges under the law, can be attacked separately, judges in the Council without the presence of the parties, who may submit conclusions, except where the law provides otherwise or the Court considers that it is necessary to the judgment in open court."
260. Chapter IV of title III of the special Party becomes section 1 of chapter V of title III of the Special Part.
261.1-3 Sections of chapter V of title III of Part of special 2-4 sections become Chapter V of title III of the Special Part.
262. Article 426 shall be amended and shall read as follows: Art. 426 cases of contestation in annulment of final criminal judgments can be made in the notice of opposition in the following cases: cancellation of judgment) when the appeal was held without the attendance of a party or when, although lawfully summoned, was unable to be present and to notify the Court of this impossibility;
  

b) where the defendant was convicted, although there were evidence of a cause for the cessation of the criminal process;
  

c) where the judgment was given by another completely than took part in the debate on the merits of the process;
  

d) when the Court was not composed according to the law of the time there was a case of incompatibility;
  

e) when the judgment took place without the participation of the Prosecutor or of the defendant, when it was mandatory under the law;
  

f) when the judgment was held in the absence of the lawyer, the legal assistance of the accused when it was compulsory by law;
  

g) when the Court has not been published, except in cases when the law provides otherwise;
  

h) when the Court has not proceeded at the hearing of the accused present, if the hearing was legally possible;
  

I) when against a person called two final judgment for the same deed. "
  

263. article 429 At, paragraph (1) shall be amended and shall read as follows: Art. 429. — (1) the appeal is introduced to undo the Court which pronounced the judgment whose cancellation is required. "
434. in article 264, paragraph (2) is amended and shall read as follows: "(2) may not be subject to appeal in cassation: a) judgments given after retrial as a result of the acceptance of the request for review;
  

b) rejecting the application decisions by reopening the criminal trial resulting from the missing;
  

c) judgments in matters of execution of punishment and rehabilitation;
  

d) judgments in the field of rehabilitation;
  

It's pronounced) solutions with regard to the offences in respect of which criminal proceedings are put in motion prior to the complaint of the person injured;
  

f) pronounced solutions as a result of the application of the procedure relating to the recognition of accusations;
  

g) judgments as a result of the acceptance of the agreement by the admission of guilt. "
  

265. Article 436 par. (1), subparagraph (b)) is amended and shall read as follows: "(b)) the defendant, in terms of criminal and civil side side, against the decisions by which the conviction has been ordered, forgoing or postponing the application of sentencing death penalty criminal process termination times;"
266. In article 438 (1), item 1 is amended and shall read as follows: "1. in the course of the judgment were not complied with the provisions on jurisdiction after the person or the quality matters, when the judgment was made by a legally competent court is inferior to;"
267. In article 438 (1), 2-6, 9, 10, 13 and 14 shall be repealed.
268. Article 439, paragraph (1) shall be amended and shall read as follows: Art. 439. -(1) a request for appeal in cassation, together with records attached shall be submitted, accompanied by the children for the Prosecutor and parties, the Court whose decision is attack. "
269. Article 439, after paragraph 4, insert a new subparagraph (4 ^ 1), with the following contents: "(4 ^ 1) where the application for appeal in cassation is not made through a lawyer who can make conclusions in the face of the High Court of Cassation and justice, or is made against a decision as referred to in art. 434 para. (2) the President of the Court or the judge delegated by him be returned to the party, the administrative channels, the application for appeal in cassation. "
270. Article 440, (2) is amended and shall read as follows: "(2) where the application for appeal in cassation is not made within the period prescribed by law or if you have not complied with the provisions of article 4. 434, art. 436 para. (1), (2) and (6), art. 437 and 438 times if the request is manifestly unfounded, the Court rejects, by concluding the definitive application for appeal in cassation. "
441. in article 271, paragraph (1) shall be amended and shall read as follows: Art. 441. — (1) the Court that admits in principle an application for appeal in cassation or appeal panel that judges in cassation may stay motivated, in whole or in part, the execution of the judgment and can enforce by convicted of some of the obligations laid down in article 21. 215 paragraph 1. (1) and (2). "
272. In Article 453, (3) and (4) is amended and shall read as follows: "(3) in the cases referred to in paragraph 1. (1) (a). a) and f) may be invoked as grounds for review only in favour of the person convicted or against whom was willing to dispense with the application of the death penalty times to defer application of the death penalty.

(4) in the case referred to in paragraph 1. (1) (a). the grounds of review) is if based on new facts or circumstances it may prove the utter baselessness of the judgment of conviction, sentencing, cessation of postponing the application of the death penalty whenever the termination of the criminal process, and the cases referred to in paragraph 1. (1) (a). b)-d) and f) constitutes grounds for review if they have resulted in a judgment or non-netemeinice. "
  

273. Article 459, paragraph (1) shall be amended and shall read as follows:

"Art. 459. — (1) upon receipt of an application for review, the time limit for the examination of admissibility in principle an application for review, the President of the dossier of the case featuring the attachment. "
274. Article 460, paragraph (1) shall be amended and shall read as follows: Art. 460.-(1) with the acceptance of the principle of the application for review or subsequent thereto, the Court may suspend the motivated, in whole or in part, the execution of the judgment subject to revision and may order that the convicted of some of the obligations laid down in article 21. 215 paragraph 1. (1) and (2). "
275. Article 465, (3), (4) and (12) shall be amended and shall read as follows: "(3) the request for review shall be entered in the Court which pronounced the judgment whose revision is required.

(4) the request for review 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 handed down by the European Court of human rights.
  



(12) the judgment is subject to appeal as provided by law for the judgment revised. "
  

276. In article 466, (1) to (3) is amended and shall read as follows: Art. 466. — (1) any person who has been sentenced definitively judged in default may request the reopening of criminal process within one month from the date on which he became aware, through any official notice, that took a criminal trial against him.

(2) Is deemed to be in default sentenced person which was not cited in the lawsuit and has not arisen in any other way officially about it, respectively, although he was unaware of the lawsuit, justifiably was absent from the proceedings and could not încunoştinţa the Court. Not be regarded as in default sentenced person who has appointed a defender chosen or a trustee, whether they have been presented at any time during the process, and any person who, after communicating, according to law, the sentence of condemnation, has not appealed, has dropped since his times withdrew its appeal.
  

(3) a person convicted in absentia Court definitively against a foreign State has ordered the extradition or surrender of the basis of the european arrest warrant, the period referred to in paragraph 1. (1) run from the day on which, after bringing in the country, was notified of the conviction judgment. "
  

277. In article 466, after paragraph 4, insert a new paragraph, paragraph (5) with the following content: "(5) the provisions of the preceding paragraphs shall apply correspondingly to the person to whom it has been pronounced a judgment of sentencing or cessation of postponing the application of the death penalty."
278. Article 468, paragraph (1) shall be amended and shall read as follows: Art. 468. — (1) upon receipt of an application for reopening of the criminal process, the time limit for the examination of admissibility in principle President featuring case dossier attachment as well as the attendance of the parties and of the subjects of the main trial. "
469. Article 279 shall be amended and shall read as follows: Art. Judgment the application for reopening 469 of the process (1) the Court, listening to the conclusions of the Prosecutor, of the parties and of the trial subjects, shall examine whether: a) the application was made within and by a person of the type referred to in article 1. 466;
  

b) were invoked legal grounds for reopening the criminal process;
  

c) reasons under which the request had not been submitted in a previous request for reopening of the criminal trial, who was outright judgment.
  

(2) the application shall be examined, and if the person sentenced is in execution of the sentence of imprisonment imposed in the cause whose retrial is required, the Court may suspend the motivated, in whole or in part, the execution of the judgment and may order that the convicted of one of the obligations laid down in article 21. 215 paragraph 1. (1) and (2). If the execution of the penalty of imprisonment has not begun, the Court may order the convicted of one of the obligations laid down in article 21. 215 paragraph 1. (1) and (2).
  

(3) if the Court finds the conditions referred to in paragraph 1. (1) admission through discharge, dispose of the application for reopening of the criminal process.
  

(4) if the Court finds failure to comply with the conditions laid down in article 21. 466, by sentence rejection of the application for reopening of the criminal process.
  

(5) the conclusion that the request for reopening admitted criminal trial can be attacked with the Fund.
  

(6) a judgment by which it rejected the application for reopening of the criminal process is subject to the same remedies as the judgment in the absence of the person convicted.
  

(7) the admission application for re-opening of criminal process attract law abolishing the judgment handed down in the absence of the person convicted.
  

(8) the Court reopen criminal proceedings through the extension and the parties have not lodged application may decide and about them without them workaday situation.
  

(9) with the admission application for reopening of the criminal trial, the Court, ex officio or at the request of the Prosecutor, may order the defendant to be taken toward one of the preventive measures referred to in article 1. 202 para. (4), subparagraph (c). b)-(e)). The provisions of title V of the general part shall apply accordingly. "
  

280. In article 471, (1) is amended and shall read as follows: Art. 471. — (1) in order to ensure uniform interpretation and application of the law by all courts, the prosecutor general's Office of the High Court of Cassation and justice, ex officio or at the request of the Minister of Justice, College of the High Court of Cassation and justice or colleges of courts of appeal, and the Ombudsman shall have the duty to ask the High Court of Cassation and justice to rule on matters of law that were settled different courts. "
281. Article 473 (1), (2) and (9) shall be amended and shall read as follows: Art. 473. — (1) an appeal in the interest of the law is judge of a panel consisting of the President of the High Court of Cassation and justice or, in his absence, the Deputy of the High Court of Cassation and justice, the Presidents of wards within it, a number of 14 judges from the Department in whose jurisdiction the matter enters which was resolved differently by courts as well as two judges from within the other sections. Presiding is the President of the High Court of Cassation and justice or, in his absence, the Vice-President of the High Court of Cassation and justice.

(2) where the question of law of interest to two or more wards, President of the High Court of Cassation and justice shall determine the departments from which the justices who will make up the Panel of judges.
  



(9) the appeal of law it is claimed in front of the bench, where appropriate, of the general prosecutor's Office of the High Court of Cassation and justice or attorney designated by it, the judge appointed by the College of the High Court of Cassation and justice, the Court of appeal, the Ombudsman or by a representative. "
  

282. According to Article 474 insert a new article, Article 474 ^ 1 with the following content: "Art. 474 ^ 1 Cessation or modification of the effects of the decision, repealed the amendment provision about finding legal times has generated various interpretations and has rejected an appeal in the interest of the law, the Attorney general's Office of the High Court of Cassation and justice will refer the matter to the High Court of Cassation and justice with the proposal amending decision or, as the case may , the termination of its requirements. The provisions of article 473 and 474 shall apply accordingly. "
283. In chapter VI of title III of the Special Part, the name of the section 2 is amended and shall read as follows: "SECTION 2 of the referral to the High Court of Cassation and justice, with a view to a ruling that absolution for prior issues of law" 284. Article 475 is amended and shall read as follows: Art. 475 Object referral If, during judgment, a full Court of the High Court of Cassation and justice, the Court of appeal or the Court, invested with the resolution of the case as a last resort, noting that there is a question of law, which interprets the resolution depends on the merits of the case in question and that the High Court of Cassation and Justice ruled not by a prior judgment or through an appeal in the interest of the law, nor is the subject of an appeal in the interest of the law pending, you will be able to ask the High Court of Cassation and justice shall render a judgment to be given by resolution of the question of law principle with which has been notified. "
285. Article 476 shall be amended and shall read as follows: Art. the procedure of law 476


(1) an appeal of the High Court of Cassation and justice shall be made by the Panel of judges after debates, provided that the conditions laid down in article 21. 475, by concluding that it is not subject to any appeal. If the discharge referral ordering, it will contain the reasons which support the admissibility of the referral to the appropriate articles. 475, the views of the Panel and the parties.
  

(2) Through the conclusion mentioned in paragraph 1. (1) the cause may be suspended until the pronouncement of absolution for prior question. Where it has not been willing to suspend with the referral, and the judicial investigation is completed before the High Court of Cassation and justice to adjudicate upon referral, the Court shall suspend the debate until the delivery of the decision referred to in article 1. 477 para. 1. Where the defendant is located under house arrest, or is arrested preventively, apply properly the provisions of art. 208 throughout the duration of the suspension.
  

(3) after the registration of the case to the High Court of Cassation and justice, on-line referral shall be published on the website of this Court.
  

(4) on the Causes of a similar role in the courts, can be suspended until resolution of the referral.
  

(5) the allocation of the referral is made by the President or, in his absence, by one of the Vice Presidents of the High Court of Cassation and justice whenever the person designated by them.
  

(6) the appeal shall judge of a panel consisting of the President of the section of the relevant High Court of Cassation and justice or a judge designated by him and 8 judges within the respective Department. The President of the section or in case of his absence, the judge designated by him is President and will take the necessary steps for the appointment of judges at random.
  

(7) After the drawing Panel pursuant to paragraph 1. (6), its Chairman will appoint a judge to draft a report on the question of law subject to judgment. The judge appointed the rapporteur does not become incompatible.
  

(8) when the question of law concerns the activity of several wards of the High Court of Cassation and justice, the President or, in his absence, one of the Vice Presidents of the High Court of Cassation and justice shall forward the appeal to the Presidents of the sections concerned in solving the question of law. In this case, the Panel will be composed of the President or, in his absence, the Deputy of the High Court of Cassation and justice, who will chair the Panel, from the Presidents of the sections concerned in solving the question of law, as well as five judges within their respective departments, randomly designated presiding. After the composition of the Commission, when drawing up the report, the presiding judge will appoint one within each precincts. The rapporteurs are not incompatible.
  

(9) the report will be communicated to the parties, which in no case later than 15 days following the communication may be submitted, in writing, by an attorney or, where appropriate, by legal counsel, their views concerning the question of law subject to judgment.
  

(10) the provisions of article 4. 473 para. (5) to (8) shall apply accordingly.
  

(11) the appeal shall judge without summoning the parties, no later than three months from the date of investiture, and the solution is adopted by at least two thirds of the judges Panel. Neither the abstentions from voting. "
  

286. Article 477 is amended and shall read as follows: Art. 477 content and effects of the judgment (1) Upon receipt of the referral, the bench for absolution on issues of law stands by the decision, solely on the issue of law subject to the loosing.
  

(2) the provisions of article 4. 474 para. (3) shall apply accordingly.
  

(3) tighten the time matters of law is binding on the courts at the time of publication of the decision in the Official Gazette of Romania, part I.
  

(4) the provisions of article 4. 474 ^ 1 applies accordingly. "
  

287. After Article 477 it introduces a new article, Article 477 ^ 1 with the following content: "Art. 477 ^ 1 Cessation or modification of the effects of the decision, repealed the amendment provision about finding legal times has generated various interpretations and has pronounced a judgment for the absolution of certain legal questions, the Attorney general's Office of the High Court of Cassation and justice will refer the matter to the High Court of Cassation and justice with the proposal amending decision or where appropriate, the termination of its requirements. The provisions of article 473 and 474 shall apply accordingly. "
288. Article 480, (3) are repealed.
289. Article 482, letter h) is amended and shall read as follows: "h) type and amount, as well as the form of execution of death penalty in opt solution times sentencing or to postpone the application of the death penalty in respect of which it has reached an agreement between Prosecutor and defendant;"
290. In article 485, paragraph (1) shall be amended and shall read as follows: Art. 485. — (1) the Court, the agreement, decision one of the following: a) plea agreement admitting guilt and features one of the solutions provided for in art. paragraph 1, 396. (2) to (4) that the defendant was unable to create an instance for heavier than that on which he reached an agreement, provided that the conditions laid down in article 21. 480-482 on all the facts retained the responsibility of the defendant, which were the subject of the agreement;
  

b) agreement rejects plea bargain and remits to the Prosecutor for further prosecution, if you are not satisfied the conditions laid down in article 21. 480-482 on all the facts retained the responsibility of the defendant, which were the subject of the agreement, or if it considers that the solution was reached an agreement between Prosecutor and defendant is unreasonably mild in relation to the seriousness of the offence or the offender dangerousness. "
  

291. Article 486 is amended and shall read as follows: Art. civil action Resolution 486 (1) if the Court recognizes the plea bargain agreement between the sides ended in a settlement or mediation agreement concerning the civil action, the Court shall take note of it by sentence.
  

(2) where the Court admits the plea bargain agreement between the parties and not the transaction has been concluded or mediation agreement concerning the civil action, the Court leaves unresolved civil action. In this situation, the judgment has upheld plea bargaining agreement does not have the authority of a final decision on the extent of the injury before the Court. "
  

292. article 488 shall be amended and shall read as follows: Art. 488 appeal (1) Against the sentence handed down under art. 485, the Prosecutor and the defendant may declare the appeal within 10 days of receipt.
  

(2) Against the decision by which the recognition agreement has been accepted, it may declare the appeal solely on the kind and amount of punishment or form of its execution.
  

(3) the appeal shall issue a summons to the defendant.
  

(4) the Court of appeal delivered one of the following: a) reject the call, maintaining the contested decision, whether the call is late or inadmissible times unfounded;
  

b) abolish the sentence appeal admits, through the agreement of recognition was admitted only on the type and the amount of the penalty or the shape of its execution and pronounce a further judgement, acting under art. 485 para. (1) (a). a), which shall apply accordingly;
  

c) abolish the sentence appeal admits, through the agreement of recognition was rejected, plea agreement admitting guilt, 1164 485 para. (1) (a). ) and art. 486 applying properly. "
  

293. According to article 488 shall be inserted a new chapter, chapter I ^ 1 "on the Appeal of reasonable criminal trial", comprising articles 488 488 ^ ^ 1-6, with the following content: "Chapter ^ 1 regarding the duration of Criminal Appeal Art. Introduction to object ^ 1 488 (1) If criminal activity or not it meets a reasonable opposition, prompting is speeding up proceedings.
  

(2) the appeal may be brought by the suspect, the accused, the injured party, the civil party responsible civilmente. In the course of the judgment, the appeal may be brought by the public prosecutor.
  

(3) the notice of opposition may be made as follows: a) after at least one year after the commencement of criminal proceedings, for the causes that are in the course of criminal proceedings;
  

b) after at least one year after the sending, for causes that are in the course of the judgment at first instance;
  

c) after at least 6 months from the date of referral to the Court with an appeal, for causes remedies contained in ordinary or extraordinary.
  

(4) the appeal may be withdrawn anytime until its resolution. The opposition can not be repeated within the same procedural phases in which has been withdrawn.
  

Art. 488 ^ 2 solving jurisdiction (1) the jurisdiction of the settlement of the opposition belong as follows:
  


a) in criminal cases that are in the course of the prosecution, the judge of the rights and freedoms of the Court to which it would return to the jurisdiction of the jurisdiction at first instance;
  

b) in criminal cases that are in the course of the judgment or the remedies, ordinary extraordinary times, hierarchically superior to that Court on the role of the cause.
  

(2) where legal proceedings in respect of which it formulates the opposition is on the role of the High Court of Cassation and justice, jurisdiction for the resolution of the opposition completely belongs to another within the same sections.
  

Art. 488 ^ 3 Contents of the opposition the opposition are formulated in writing and shall include: a) the surname, forenames, domicile or residence of the natural person, the name of the legal person, as well as the quality of the natural or legal person who compiles the application;
  

(b) the name and the quality of the person) which means the part in the process, and in the case of representation by a lawyer, its name and registered office;
  

c) mailing address;
  

(d) the public prosecutor's Office or of) the name of the Court and case number;
  

It's fact and reasons) of law on which the appeal is based;
  

f) date and signature.
  

Art. 488 ^ 4 Procedure for the resolution of his appeal (1) the judge of the rights and freedoms or the Court, in order to solve the opposition, has the following measures: (a) the Prosecutor, respectively) informing the Court on the role of cause, with regard to the appeal made, noting the possibility to formulate a point of view concerning it;
  

b) transmission within 5 days of the dossier or a certified copy of the records of the case by the Prosecutor of the Court, respectively, on the role of the cause;
  

(c) informing the other parties) of the process and, where applicable, of other persons referred to in art. 488. ^ 1 para. (2) in respect of the appeal made to the right to and express its views within the time limit granted for that purpose by the judge of the rights and freedoms or the Court.
  

(2) where the suspect or defendant is deprived of liberty, in the case in question or in another question, information referred to in paragraph 1. (1) (a). c) will be made both by him and by the lawyer, either chosen or appointed ex officio.
  

(3) Transmit point of view referred to in paragraph 1. (1) (a). ) and c) within the time limit fixed by the Court does not prevent the resolution of his appeal.
  

(4) the judge of the rights and freedoms or the Court adjudicates the appeal not later than 20 days after its registration.
  

(5) the opposition is closing in, settles through the Council Chamber without the participation of the parties and the Prosecutor.
  

Art. 488. ^ 5 resolution of opposition (1) Judge of rights and freedoms or the Court, addressing the opposition, check the length of the procedures on the basis of the work and the material of the case and the views presented and acted through closing.
  

(2) the judge of the rights and freedoms or the Court, in appreciation of the character of proceedings reasonable duration, will consider the following factors: the nature and subject matter of the case);
  

b) complexity of the case, including by taking into account the number of participants and the difficulties of the Administration;
  

c) foreign elements of the case;
  

d) phase in which it is a party to the cause and duration of the procedural stages;
  

e) contestatorului behaviour in court proceedings, including in terms of its procedural rights and procedural and in terms of its fulfilment of obligations within the process;
  

f) other participants ' behavior, including officials involved;
  

g) legislative changes applicable to intervention in the case;
  

h) other elements likely to influence the duration of the procedure.
  

Art. 488. ^ 6 Solution (1) When it considers the opposition as being grounded, the judge of the rights and freedoms or the Court admits appeal and the time limit within which the Attorney to resolve the cause under art. 327 respectively for the Court to hear and determine the cause, and the period within which a new opposition cannot be formulated.
  

(2) in all cases, the judge of the rights and freedoms or the Court which adjudicates the appeal will not be able to give you guidance and cannot be expected to provide dezlegări upon some issues of fact or law which to anticipate how the settlement process, or prejudice to the liberty of the judge of the case to be decided, in accordance with the law, with regard to the solution you need time trial or, as applicable, the freedom of the Prosecutor decide whether the solution you consider legal and thorough.
  

(3) where it was found reasonable duration, overcoming a new opposition in the same case will settle with taking into account solely of the reasons subsequently cropped up opposition.
  

(4) Abuse of law consisting of bad faith wording of the appeal shall be sanctioned by a fine from 1,000 judicial lei at 7,000 and the payment of expenses incurred.
  

(5) the conclusion shall within 5 days of delivery. The dossier shall be refunded on the day of motivation.
  

(6) a judgment shall be made contestatorului and shall be forwarded for information to all parties or persons from among those listed in article 3. 488. ^ (1) (a). (c)), in the case that are held to respect the time limits contained therein.
  

(7) the conclusion whereby the judge of rights and freedoms or the Court adjudicates the appeal is not subject to any appeal.
  

(8) failure to comply with time limits worded with the Appeal provided for in this chapter shall be released. "
  

294. article 491 is amended and shall read as follows: Art. 491 legal entity Representation (1) a legal person is represented in the performance of procedural acts and procedural legal representative.
  

(2) If for the same Act or related works has been put in motion criminal proceedings against legal representative of a legal person, it shall appoint a representative to represent it.
  

(3) in the case referred to in paragraph 1. (2) If a legal person has not appointed a trustee, he shall be appointed, if necessary, the Prosecutor who conducts or supervises the prosecution, the judge for preliminary room or by the Court, the insolvency practitioners, authorized according to the law. Insolvency practitioners thus designated shall apply, as appropriate, the provisions of art. 273 para. (1), (2), (4) and (5). "
  

295. article 492 is amended and shall read as follows: Art. 492 citation to Place the legal person (1) a legal Person shall issue a summons at its seat. If the seat of the legal person is fictional times no longer works at the Headquarters said, and the new headquarters is not known, at the headquarters of the judicial organ, it displays a reminder, article 4. 259 paragraph 3. (5) applying properly.
  

(2) If a legal person is represented by an agent, appointed pursuant to article. 491 para. (2) and (3), citing is done at your home or at the representative premises of the insolvency practitioner appointed as trustee. "
  

296. article 493 is amended and shall read as follows: Art. 493 preventive measures (1) the judge of freedoms and rights in the course of criminal proceedings, at the recommendation of the Prosecutor, or, where appropriate, the judge of the preliminary room times the Court may order, if there are reasonable grounds justifying the reasonable suspicion that the legal person has committed a criminal offence provided for by law and only in order to ensure the smooth operation of the criminal process, one or more of the following measures : a) the ban on opening times, where applicable, the suspension of the procedure for dissolution or liquidation of the legal person;
  

b) prohibition of initiation, if applicable, fold the suspension of the merger, the Division or the reduction of the share capital of legal entity, commenced or criminal proceedings;
  

(c) the prohibition of economic operations), likely to result in diminishing the patrimonial assets or insolvency legal person;
  

(d) prohibition of certain acts) the closure of the legal framework established by the judicial organ;
  

e prohibition of carrying on activities) nature on the occasion of which the offence was committed.
  

(2) in order to ensure compliance with the measures laid down in paragraph 1. (1) a legal person may be required to lodge a security consisting of a sum of money which may not be less than 10,000 lei. The guarantor shall be released from the date of final judgment of whether the conviction, to postpone the application of the death penalty, sentencing cessation or termination of the criminal process in question, if the legal person has complied with the preventive measure, and where, by a final decision, was ordered payment of the legal person.
  


(3) the deposit will not be returned in the event of the legal person or the measure of preventive measures taken, came from the State budget on the date of final judgment handed down remaining in question and if it is willing pay bail, in the following order, monetary compensations awarded for damages caused by the offence, judicial expenses, or the fine.
  

(4) the preventive measures referred to in paragraph (1) can be ordered for a period not exceeding 60 days, with the possibility of an extension in the course of criminal proceedings and to maintain during the preliminary hearing and the judgment room, if they maintain the grounds for taking them, each extension may not exceed 60 days.
  

(5) during the criminal investigation, preventive measures shall have the judge rights and freedoms through a reasoned conclusion given in Council Chamber, with the attendance of the person.
  

(6) the participation of the Prosecutor is compulsory.
  

(7) Against the closure of the opposition may be made to the judge of the rights and freedoms or, where appropriate, to the judge of the preliminary room times superior court by the legal person and the Prosecutor within 24 hours of delivery, for those present, and from communication, legal entity.
  

(8) the preventive measures shall be revoked by the judge of the rights and freedoms at the request of the Prosecutor or of the legal person, and by the judge of the preliminary room and by the Court of its own motion, and only when it is satisfied that there are no longer grounds for justified taking or keeping them. The provisions of paragraphs 1 and 2. (5) to (7) shall apply accordingly.
  

(9) a representative of the legal person or against the representative thereof may be taken measures under article 4. 265 and article. 283 paragraph 1. (2), and towards the insolvency practitioner, the measure provided for in article. 283 paragraph 1. 2. (10) Taking preventive measures shall not preclude the taking of precautionary measures according to art. 249-256.297 ". Article 494 is amended and shall read as follows: Art. Precautionary Measures against 494 legal entity can take precautionary measures, the provisions of art. 249-256 and art. 549 ^ 1 by applying properly. "
298. article 496 is amended and shall read as follows: Art. 496 effects of the merger, Division, absorption, reduction of share capital, dissolution or liquidation of a legal person convicted (1) If, after the final judgment of any condemnation of the legal person and up to execute sentencing, a case of merger, absorption, splitting, dissolution, liquidation or capital reduction thereof, the authority responsible institution times the power to authorise or register this operation is required to refer the matter to the Court of enforcement with regard to it and to inform the the legal person created by the merger, absorption or which has become divided factions of the person.
  

(2) the legal person resulting through merger, absorption or which has become divided factions of the person picks up the obligations and prohibitions of the person convicted, legal provisions art. 151 of the penal code shall apply accordingly. "
  

299. Article 497, paragraphs (1) and (2) is amended and shall read as follows: Art. 497. (1) a legal person sentenced to the penalty fine is obliged to submit the receipt of full payment of the fine performance of the delegated judge, within 3 months after the final decision of the backwardness of the conviction.

(2) where the person convicted is found in the legal impossibility to pay the fine in full within the time limit referred to in paragraph 1. (1) the judge delegated with the execution, at the request of the legal person, may order the payment of the fine on the staggering not more than 2 years in monthly rates. "
  

498. Article 300 shall be amended and shall read as follows: Art. 498 the bringing into force of the dissolution penalty complementary legal person (1) a copy of the conviction judgment device shall be provided at the time of the final remaining judge delegated with the execution of the legal person, and the body that authorized the establishment of a legal person, i.e. the organ which registered the legal person at the same time, requiring information on how fighting the measure.
  

(2) the date of final judgment of whether the conviction to the penalty of dissolution, additional legal entity shall enter into liquidation. "
  

301. In Article 501 (1) after subparagraph (c)) insert a new drive letter, letter d) with the following content: "d) electronic system administrator procurement."
302. According to article 501 insert a new article, article 501 ^ 1 with the following content: "Art. 501 ^ 1 the bringing into force of the complementary penalty to be placed under judicial supervision (1) the functions of the judicial trustee on the supervision of the activity of the legal entity are included in the judgment of conviction which has applied the death penalty to be placed under judicial supervision.
  

(2) the Judicial Trustee cannot override statutory bodies in the management of the activities of the legal person. "
  

303. Article 502 (1) and (2) is amended and shall read as follows: Art. 502. — (1) an extract of the judgment of conviction concerning the sentencing of complementary display of conviction shall be communicated at the time remaining, the legal person convicted, in order to display in the form, place and for the period established by the Court.

(2) an extract of the judgment of conviction concerning the application of the death penalty which the decision pronouncing the complementary of the conviction shall be communicated at the time remaining, the legal person sentenced, to publish the judgment in the manner determined by the Court, at their own expense, through written or audiovisual media or by other means of audiovisual communication, designated by the Court. "
  

304. Article 503, paragraph (2) is amended and shall read as follows: "(2) the appeal to the Court shall be made ex officio by the judge of the Court of enforcement delegated, under art. 499-502. "305. Article 506 (3) are repealed.
306. Article 506 (4) is amended and shall read as follows: "(4) by the evaluation report, the probation service requested can make reasoned proposals concerning educational measures that may be taken against a minor."
506. in article 307, paragraph (5) shall be repealed.
308. Article 509, (3) is amended and shall read as follows: "(3) where the defendant is a minor under the age of 16 years, the Court, if it considers that the use of certain evidence may have a negative influence on him, may order the removal from the meeting. Under the same conditions can be temporarily removed from the courtroom and the parents guardian, curator times or the person in care or supervision the minor temporarily. "
511. Article 309 shall be amended and shall read as follows: Art. 511 implementation implementation of non-custodial educational measures where it has taken towards any minor non-custodial educational measures, remain definitive judgment after it set a deadline for when ordering bringing minor, calling its legal representative, probation service representative for the bringing into force of the measure taken and of the persons overseeing it. "
512. Article 310 shall be repealed.
516. Article 311, paragraph 2 shall be amended and shall read as follows: "(2) the replacement of the juvenile the educational measure of internment to assist with daily and liberation from educational center at the age of 18 years shall have, in accordance with the provisions of the law on execution of sentences by the Court in whose district the Center is located, the degree of enforcement. Replacement or return upon release, where it does not comply with, in bad faith, the conditions for performance of educational obligations imposed measure times, ordering, ex officio or upon referral to the probation service, the court judged the cause in the first instance. "
312. Article 523 (1), subparagraph (e)) is hereby repealed.
313. In article 523, paragraph (2) is amended and shall read as follows: "(2) the activities specified in paragraph 1. (1) (a). a)-c) may be carried out only on the basis of the mandate issued by the judge of the rights and freedoms of the court having jurisdiction to jurisdiction in the first instance or the Court of execution times for judge of the rights and freedoms of the competent court according to the law in the case referred to in article 1. 521 para. (2) (a). c). "
524. Article 314 is amended and shall read as follows: Art. 524 technical supervision, detention, rendition and correspondence and searching objects and search procedure put into tracking


(1) technical supervision, detention, rendition and correspondence and searching objects and searches can be arranged at the request of the prosecutor supervising the activity of police bodies pursuing the person data in tracking, judge of the rights and freedoms of the competent court, if it considers that identifying, searching, locating and catching of persons put into tracking cannot be made by other means, the times would be greatly delayed.
  

(2) the provisions of article 4. 138-144 art, respectively. and article 147. 157-160 shall apply accordingly. "
  

525. Article 315 is amended and shall read as follows: Art. 525 Lifting objects or entries in the procedure put into tracking (1) seizure of objects or entries in order to identify, search, location and captures data in tracking persons may be ordered by the Prosecutor who oversees the work of the police carrying out the person's data tracking in tracking.
  

(2) the provisions of article 4. 169 and 171 shall apply accordingly. "
  

316. Article 526, paragraph (3) is amended and shall read as follows: "(3) the prosecutor supervising the activity tracking data to the person tracking it features as soon as the cessation of monitoring activities taken pursuant to art. 524, informing the judge of rights and freedoms. "
317. In article 528, (2) is amended and shall read as follows: "(2) The expiry of 3 years; 150 of the penal code, if the person sentenced has not committed another crime, the body that authorized the establishment of the legal person and the organ which registered the legal person will be deleted ex officio the particulars concerning the punishment imposed legal person. "
548. in article 318, paragraph (1) shall be amended and shall read as follows: Art. 548. (1) the international judicial cooperation will be sought or granted in accordance with the provisions of EU legal acts, international treaties in the field of international judicial cooperation in criminal matters to which Romania is a party, as well as with the provisions of the special law and in this chapter, where international treaties do not provide otherwise. "
319. After article 549 insert a new chapter, chapter IX, including article 549 ^ 1 with the following content: "CHAPTER IX procedure for confiscation or abolishing an enlisted rank in the case of Art. 549 ^ 1 procedure for confiscation or abolishing a enrolled in the event ranking (1) where the Prosecutor has ordered rank or waiving prosecution and referral to judge preliminary room in order to take the measure of special confiscation or abolishing a scored ranking Ordinance, together with the dossier of the case shall be submitted to the Court which would return, according to the law jurisdiction to jurisdiction, in the first instance, after expiry of the period provided for in art. 339 paragraph 2. (4) where appropriate, in article 19. 340 or after judgment by which the complaint was rejected.
  

(2) the judge shall notify the preliminary room persons whose rights or legitimate interests may be affected with a copy of the Ordinance, putting them in mind that within 10 days from receipt of the communication may submit written notes.
  

(3) After expiry of the period provided for in paragraph 1. (2) the judge shall decide on the preliminary room demand through reasoned conclusion in the Council without participation of the Prosecutor or of the persons referred to in paragraph 1. (2) one may dispose of the following: a) and reject the proposal appropriate, return of the precautionary measure raising the times taken for the purposes of confiscation;
  

b) and proposal admits confiscation of property times, where appropriate, official disbanding.
  

(4) within 3 days of the communication of the conclusion of the Prosecutor and the persons referred to in paragraph 1. (2) can do, motivated, cannot be appealed. The appeal without leave is inadmissible.
  

(5) the appeal by the court deciding hierarchically superior to that of the times, seized when the Court is the High Court of Cassation and justice, by competent law Panel, who stands by conclusion a reasoned, without the participation of the Prosecutor and of the persons referred to in paragraph 1. (2) one may dispose of the following: a) rejects the opposition as inadmissible or unfounded late;
  

b) admits the opposition, dissolved and rejudecă the proposal according to paragraph 1. (3)."
  

320. In Article 553, after paragraph 5, insert a new paragraph, paragraph (6) with the following content: "(6) in the case of sentences and non-custodial measures, the judge delegated with execution within the enforcing court may delegate some powers of judge delegate the execution of the appropriate court in the enforcing court grade in the district which the person resides in the execution."
321. In article 554, (2) is amended and shall read as follows: "(2) where the implementation of a decision or execution during the execution of any questions arises or foreclosure upon execution, execution of the delegated judge may seize the Court of enforcement, which will proceed according to the provisions of article 3. 597 and 598. "
322. Article 555, paragraph (1) shall be amended and shall read as follows: Art. 555.-(1) jail and punishment imprisonment for life shall be enforced by the issue of the enforcement of the mandate. The mandate of the enforcement judge delegated with the execution of the definitive judgment day remaining at the first instance court or, where appropriate, on the day of receipt of the statement referred to in article 1. 553 para. (3), shall be drawn up in triplicate and shall include: the name of the Court, date of issue, the data concerning the person of the detainee, the number and date of the judgment that is running and the designation of the Court which pronounced a penalty handed down and the text of the law applied penalty, ancillary freed and pre-trial detention or arrest at home, which was deducted from the duration of the penalty, if the condemned is recidivist as well as, where appropriate, the indication referred to in article 21. 404 para. (6) the order for arrest and detention, the judge delegate signature and stamp of the Court. "
323. In article 556 (1) is amended and shall read as follows: Art. 556. — (1) For performing the enforcement mandate to send two copies of the police at the domicile or residence of the sentenced person, and if he is not domiciled or resident in Romania, the police body within whose territorial court, when the sentenced person is free, or, where appropriate, when the sentenced person is arrested, the master of the place of detention. "
324. In article 556, after paragraph (1) insert a new subparagraph (1 ^ 1), with the following contents: "(1 ^ 1) in the event that the mandate of enforcement contains material errors, but allows the identification of the person for the purposes of enforcement in relation to the particulars of the person's existing police records and the judgement of the Court, the police executed the judgment asking at the same time, the court seised straightening clerical errors. "
325. In article 556, after paragraph 2, insert a new paragraph, (2 ^ 1), with the following contents: (2 ^ 1) the mandate of execution or order of prohibition on leaving the country can be sent to the competent bodies and by fax, by e-mail, or by any means capable of producing a written record under conditions allowing the receiving authorities to establish its authenticity. "
326. Article 557, name of marginal changes and shall read as follows: "the execution of the mandate of the enforcement of the sentence and the order prohibiting leaving the country. The court agreement to leave the country "327. Article 557, after paragraph 9 insert a new paragraph, paragraph (10), with the following contents: "(10) during the term of supervision, supervised person may request the enforcement court motivated to încuviinţeze leaving Romanian territory according to art. 85 paragraph 4. (2) (a). I) or art. 93 para. (2) (a). d) of the criminal code. The Court of execution of the request in the room settles on the Council, after hearing the person supervised probation officer and, through his service be terminated. If the application recognizes, the Court determines the period for which the supervised person may leave the territory of Romania. "
328. Article 559 shall be amended and shall read as follows: Art. 559 the bringing into force of the criminal fine (1) the person sentenced to the penalty fine is required to submit the receipt of full payment of the fine performance of the delegated judge, within 3 months after the final decision of backwardness.
  

(2) when the condemned is in the impossibility to pay the fine in full within the time limit referred to in paragraph 1. (1) the judge delegated with the execution, at the request of the sentenced person, may order the payment of the fine on a staggering period of not more than 2 years in monthly rates. "
  

329. In Article 560 (2) is amended and shall read as follows:

"(2) the appeal to the Court shall be made ex officio or by the body which under the law are running fine times by the person convicted. When has fine with replacing the death penalty provision of unpaid community service, the Court shall mention the device two entities in the community where they are expected to perform community service work. Probation officer, on the basis of the initial assessment, will decide which of the two institutions from the community as referred to in the judgment to execute an obligation and type of activity. "
330. article 562 is amended and shall read as follows: Art. Prohibition of the exercise of certain rights 562 the punishment prohibition of the exercise of certain rights is put into execution by sending the judge delegate of court enforcement of a judgment device, depending on the rights whose exercise was banned, a legal person governed by public or private law authorized to supervise the exercise of the right in question. "
331. article 564 is amended and shall read as follows: Art. 564 military Punishment the military degradation Degradation is put in execution by sending the judge delegated with the execution of a judgment on the military commander in whose register is taken the person condemned respectively to the county or regional military centre of the detainee. "
332. Article 574 shall be amended and shall read as follows: Art. forfeiture of 574 Enforcement and extensive special confiscation Measure of special confiscation or seizure, taken by the judgment of the Court, runs as follows: a) the things seized shall be submitted to the law enforcement agencies to take them over or harness according to the law;
  

b) if things seized lies in keeping the police or other institutions, with the execution of the delegated judge sends a copy of the decision of the body to which the device is located. After receipt of the copy on your device, things seized shall be submitted to the law enforcement agencies to take them over or harness according to the provisions of the law;
  

c) when the seizure relates to sums of money that have been recorded at the banking unit, the execution of the delegated judge shall send a copy of the judgment on the tax authorities, to enforce the forfeiture according to provisions on loans and advances;
  

d) when he ordered the destruction of things seized, it is done in the presence of the judge delegated with execution, addresses shall be-report which is submitted to the dossier of the case. "
  

333. Article 576 (2) is amended and shall read as follows: "(2) if the obligations referred to in article 1. 85 paragraph 4. (2) (a). e)-j), at art. 93 para. (2) (a). d) and in article 8. 101 paragraphs 1 and 2. (2) (a). c)-g) of the criminal code, a statement on the ruling shall be sent to the competent body or authority to check compliance with them. "
334. In chapter III of title V of Part 1, section special designation is amended and shall read as follows: "in the case of SECTION 1 Conviction annulled or revoked the waiver of punishment or postponement of the application of the death penalty" 335. After the title of section 1 of chapter III of title V of the special part is inserted a new article, article 581 ^ 1 with the following content: "Art. 581 ^ 1 Cancellation waiver from the application of the death penalty (1) Cancellation waiver is available at sentencing, ex officio or upon referral to the Prosecutor, the judge or the Court which tried the offence in the first instance what attracts cancellation.
  

(2) if it finds that article are fulfilled. 83 para. (3) of the penal code, the Court cancelled the renunciation to the application of the death penalty, has accused for the offence conviction in respect of which it had sentencing sets the penalty for it, then applying, where appropriate, provisions relating to competition offences, recidivism or intermediary plurality.
  

(3) in determining the penalty for the offence in respect of which renunciation shall be cancelled at sentencing, the Court shall have regard to the criteria of individuation and exclusive circumstances due to which it was originally called opt-out solution to the application of the death penalty. The provisions of article paragraph 1, 396. (10) shall apply accordingly. "
  

336. article 582 shall be amended and shall read as follows: Art. 582 Revocation or cancellation of the postponement of the application of the death penalty (1) upon the revocation or cancellation of the postponement of the application of the death penalty is pronounced, ex officio or upon referral to the Prosecutor or probation officer, the Court which judges or tried in first instance the offense that could attract the revocation or cancellation.
  

(2) If, on expiry of the period provided for in art. 86 para. (4) (a). c) of the criminal code with respect to the person who was willing to postpone the application of the death penalty has not complied with the obligations laid down in the civil judgment which ordered the postponement, the probation service shall refer the matter to the competent court which ruled at first instance the postponement and eventual cancellation thereof. Referral can be submitted and of the Prosecutor or of the person concerned, until the expiry of the period of supervision.
  

(3) if it finds that article are fulfilled. 88 or 89 of the penal code, the Court annulled or, where appropriate, the application of the death penalty, revoking a postponement has conviction and execution of the punishment of the defendant set out by way of postponement, then applying, where appropriate, provisions relating to competition offences, recidivism or intermediary plurality. "
  

337. According to article 582 shall be inserted a new section, section 1 ^ 1 with the following name: "section 1 ^ 1 changes in the execution of judgments ' 338. Article 583 shall be amended and shall read as follows: Art. 583 the suspension or cancellation of the revocation of the sentence under supervision (1) upon the revocation or cancellation of the suspension of the sentence under supervision as referred to in art. 96 or 97 of the penal code shall, ex officio, the referral to the Prosecutor or probation officer, the Court which judges or tried in first instance the offense that could attract the revocation or cancellation.
  

(2) If, on expiry of the period provided for in art. 93 para. (5) of the penal code, the sentenced person has not complied with the obligations laid down in the civil judgment of conviction, the probation service shall refer the matter to the competent court which ruled at first instance to be suspended, in view of its revocation. Referral can be made and the Prosecutor, probation officer or by the person concerned, until the expiry of the period of supervision. "
  

339. In article 585, paragraph (1) shall be amended and shall read as follows: Art. 585. — (1) the punishment rendered may be altered, if the implementation or enforcement of the judgment in the course of execution of the penalty is established on the basis of any other final judgment, the existence of any of the following situations: a) the offences;
  

b) relapse;
  

intermediate c) plurality;
  

d) acts falling within the contents of the same crime. "
  

340. Article 587 (4) is amended and shall read as follows: "(4) a copy of the final judgment shall be communicated to the remaining service, probation and police unit in whose constituency resides at released."
341. Article 588 (1), (3) and (4) is amended and shall read as follows: Art. 588. — (1) Upon cancellation of parole. 105 para. (1) of the penal code shall, ex officio or upon referral to the Prosecutor or probation officer, the Court which judges or tried in first instance the offence that attracts cancellation.
..

(3) the Court referred to in article 1. 587 para. (1) to pronounce upon parole revocation, in the situation referred to in article 1. 104 paragraphs 1 and 2. (1) of the penal code, the probation service referral, as well as in the case when the Court which judged him sentenced for another crime could not be pronounced in that regard.
  

(4) the Court before which the judgment remained definitively shall communicate the place of detention and the probation service, where appropriate, a copy of the device which has ordered revocation of parole. "
  

342. Article 589 (1), letter a) is amended and shall read as follows: ") when it is established, on the basis of forensic expertise, that the person sentenced suffers from an illness that cannot be treated in the health network of the National Administration of penitentiaries and that makes it impossible for the immediate execution of the penalty, if the specifics of the disease does not permit treating it with securing permanent health network of the Ministry of health and if the Court considers that deferred execution and leaving at liberty do not present a danger to public order. In this case, execution of punishment shall be postponed for a certain period; "
343. Article 590 (3) are repealed.
344. Article 591, second paragraph (3) is amended and shall read as follows:

"(3) the Court of enforcement shall communicate its determination that had delaying the sentence, pronouncement, police body designated in the decision of postponing the execution of the prison sentence to get highlights, gendarmerie, police unit in whose constituency resides the convict, the competent authorities to issue passports, border enforcement, and other institutions, in order to ensure compliance with the obligations imposed on it. Law enforcement agencies denied passport or, where appropriate, provisional passport raises during the postponement. "
592. in article 345, paragraph 1 is amended and shall read as follows: Art. 592. (1) the execution of prison sentence or life imprisonment may be interrupted in the cases and under the conditions laid down in article 21. 589, at the request of the persons referred to in paragraph 1. (3) of the same article, and in the case referred to in article 1. 589 para. (1) (a). ), and at the request of the prison administration. "
346. Article 599, after paragraph 4, insert a new paragraph, paragraph (5) with the following content: "(5) the subsequent applications of opposition to execution are inadmissible if there is identity of person, legal, reasons and defence."


Title IV transitional and final Provisions transitional provisions and final provisions Article 103 law. 135/2010 relating to the code of criminal procedure, as published in the Official Gazette of Romania, part I, no. 486 of 15 July 2010 entering into force on 1 February 2014.


Article 104 except this article and of articles. 23 para. (5) and (6), which shall enter into force on 30 December 2013, this Act shall enter into force on 1 February 2014.
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Art. 104 was amended by paragraph 2 of article 9. 4 of the EMERGENCY ORDINANCE nr. 116 of 23 December 2013, published in MONITORUL OFICIAL nr. 837 of 24 December 2013.


Article 105 article 488 488 ^ ^ 1-6 of law No. 135/2010, with amendments and additions made by this law, relating to the appeal on the criminal trial, reasonable applies only to criminal trials which began after the entry into force of law No. 135/2010.


Article 106 common regulations of the higher magistrates Council and the Ministry of national defence, pursuant to article. 32 para. (2) of law No. 303/2004, republished, with subsequent amendments and additions, as well as those made by this law will be adopted within 30 days of the entry into force of this law.


Article 107 (1) of law No. 135/2010 relating to the code of criminal procedure, as published in the Official Gazette of Romania, part I, no. 486 of 15 July 2010 with the amendments and additions made by this Bill, will the Republic Official Gazette of Romania, part I, no later than 15 January 2014, giving it a new texts.
  

(2) in addition to the legal provisions concerning the republication, law No. 135/2010, republished, will contain a table showing the distinctive title of the correspondence between the old numbering given in law No. 135/2010, with amendments and additions made by this Act, and the enclosed numbering in the new law. 135/2010, republished.
  

(3) acts provided for in title II "provisions concerning the modification and completion of some legislative acts containing the provisions of the penal procedure law," with changes and additions made to this law, will be republished in the Official Gazette of Romania, part I, following the entry into force of the present law, posing a new texts.
  


Article 108 entry into force of this law shall be repealed law No. 29/1968 relating to 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 concerning the modification and completion of the code of criminal procedure and the law, published in Official Gazette of Romania, part I, no. 468 of 1 July 2003.


Article 109 Article 115 of the law nr. 187/2012 for the implementation of law No. 286/2009 relating to the penal code, published in the Official Gazette of Romania, part I, no. 757 from November 12, 2012, is hereby repealed.
* This law transposes the provisions contained in the directives of the European Union, as follows: 1. 1, art. 2 (2). (1) to (5), art. 3 paragraphs 1 and 2. (1), (2), (5), (7) and (9) and article. 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, as published in the official journal of the European Union (JOUE), L series, no. 280 of 26 October 2010;
2. art. 3, 4, 6, 7 and art. 8 para. (2) of Directive 13/2012/EU of the European Parliament and of the Council of 22 may 2012 concerning the right to information in criminal proceedings, as published in the official journal of the European Union (JOUE), L series, no. 142 of 1 June 2012.
This law was adopted in the Romanian Parliament, in compliance with the provisions of art. 75 and of art. 76 para. (1) of the Constitution of Romania, republished.
PRESIDENT of the CHAMBER of DEPUTIES VALERIU-STEPHEN ZAHER p. SENATE CRISTIAN DUMITRESCU, Bucharest-SORIN, 19 July 2013.
No. 255.
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