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Law No. 10 Of 18 January 2016

Original Language Title: LEGE nr. 10 din 18 ianuarie 2016

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LEGE no. 10 10 of 18 January 2016 on the establishment of the payment of compensation to persons definitively convicted of committing acts against persons persecuted for political reasons by the dictatorship established on 6 March 1945
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 41 41 of 19 January 2016



The Romanian Parliament adopts this law + Article 1 (1) The present law constitutes a fund for the payment of due rights, according to the law, to persons persecuted for political reasons of dictatorship established on March 6, 1945, managed by the Ministry of Labour, Family, Social Protection And Older People. (2) The fund is fed from the amounts paid as compensation according to art. 2 and 3 and are used to complete the amounts paid from the state budget, according to the law, to the persons referred to in par. ((1). (3) The way of establishment and administration of the fund provided in par. (1) is established by Government decision. + Article 2 (1) Persons definitively convicted for committing, between March 6, 1945 and December 22, 1989, of acts that resulted in death, bodily injury, the occurrence of severe pain or suffering, physical or mental suffering, persons persecuted for political reasons of dictatorship established on March 6, 1945 are obliged to pay monthly monetary benefits, as compensation. (2) Provisions of para. ((1) shall apply regardless of the form of criminal participation held in charge of the convicted person. (3) The final judgment is communicated by the court of execution to the Ministry of Labour, Family, Social Protection and Elderly. + Article 3 (1) The court, by the judgment of conviction, determines the duration for which the payment of compensation is ordered, as well as the monthly amount of compensation. (. The duration for which the payment of compensation is ordered shall not be less than 5 years. (3) The monthly amount of compensation may not be less than 50% of the net monthly income of the convicted person and no more than 75% of this income. By net monthly income, for the purposes of this law, it is understood the net income from pensions, salaries, rents, copyright and other periodic monthly income. (4) When determining the monthly amount of compensation and duration, the court considers criteria such as: the act committed, the position held by the person convicted in the repression apparatus of the totalitarian communist regime, the extent of its activity, the extent to which, through the work carried out by it, the fundamental rights and freedoms of persons have been harmed. + Article 4 In order to guarantee the execution of the obligation to pay the compensation, taking the precautionary measure of attachment to the income provided in art. 3 3 para. (3) is mandatory and is ordered by the prosecutor or, as the case may be, by the court, under the conditions of the Code of Criminal Procedure. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished.
CHAMBER OF DEPUTIES PRESIDENT
VALERIU-STEFAN ZGONEA
SENATE PRESIDENT
CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU Bucharest, 18 January 2016. No. 10. -----