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Law No. 75 Of April 28, 2016 Approving Government Emergency Ordinance No. 82/2014 Amending And Supplementing Law No. 135/2010 On The Code Of Criminal Procedure

Original Language Title: LEGE nr. 75 din 28 aprilie 2016 privind aprobarea Ordonanţei de urgenţă a Guvernului nr. 82/2014 pentru modificarea şi completarea Legii nr. 135/2010 privind Codul de procedură penală

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LEGE no. 75 75 of 28 April 2016 on approval Government Emergency Ordinance no. 82/2014 to amend and supplement Law no. 135/2010 on the Code of Criminal Procedure
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 334 334 of 29 April 2016



The Romanian Parliament adopts this law + Article UNIC Approval Government Emergency Ordinance no. 82 82 of 10 December 2014 to amend and supplement Law no. 135/2010 on the Code of Criminal Procedure, published in the Official Gazette of Romania, Part I, no. of 15 December 2014, with the following amendment: -Article I is amended and shall read as follows: " Art. I.-Law no. 135/2010 on the Code of Criminal Procedure, published in the Official Gazette of Romania, Part I, no. 486 of 15 July 2010, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 138 (1), the letter j) shall be amended and shall read as follows: "" j) obtaining traffic and localisation data processed by public electronic communications network providers or providers of publicly available electronic communications services. '; 2. In Article 152, the marginal name and paragraph 1 shall be amended and shall read as follows: " Obtaining traffic and localization data processed by public electronic communications network providers or providers of electronic communications services intended for the public Article 152. -(1) The prosecution bodies, with the prior authorization of the judge of rights and freedoms, may request traffic and location data processed by public electronic communications network providers or service providers. electronic communications intended for the public if the following conditions are met: a) there is a reasonable suspicion of the commission of a crime between those provided for in art. 139 139 para. ((2) or a crime of unfair competition, escape, forgery in documents, offences concerning non-compliance with the regime of weapons, ammunition, nuclear materials and explosive materials, a crime of non-compliance provisions concerning the introduction into the country of waste and residues, of a crime relating to the organisation and operation of gambling or of a crime relating to the legal regime of drug precursors, and offences relating to operations with products likely to have psychoactive effects similar to those determined by narcotic or psychotropic substances and products; b) there are justified grounds for believing that the requested data is evidence; c) the evidence could not otherwise be obtained or obtaining them would entail particular difficulties that would prejudice the investigation or there is a danger to the safety of persons or valuable goods; d) the measure is proportional to the restriction of fundamental rights and freedoms, given the peculiarities of the case, the importance of information or evidence to be obtained or the gravity of the crime. 3. In Article 154, after paragraph 7, a new paragraph (7 ^ 1) is inserted, with the following contents: "" (7 ^ 1) Provisions para. ((1)-(7) shall also apply in respect of computer data, including data relating to information traffic, stored by means of a computer system that is in possession or under the control of other persons. " 4. In Article 205, paragraph 1 shall be amended and shall read as follows: "" Art. 205. -(1) Against the terminations by which the preliminary chamber judge from the court seised with the indictment has on the preventive measures, the defendant and the prosecutor may appeal, within 48 hours of the ruling or, as the case may be, from communication. The appeal is filed with the preliminary chamber judge who pronounced the conclusion appealed and shall be submitted, together with the case file, to the preliminary chamber judge from the superior hierarchical court, within 48 hours of registration. " 5. in Article 207, after paragraph 6, a new paragraph (7) is inserted, with the following contents: " (7) The preliminary chamber judge, in the course of the preliminary chamber procedure, checks, ex officio, periodically, but not later than 60 days, if he subsists the grounds that determined the measure of judicial review or judicial review on bail or if new grounds have arisen, justifying the maintenance of this measure. Provisions of paragraph ((2)-(5) shall apply accordingly. " 6. in Article 208, after paragraph 4, a new paragraph (5) is inserted, with the following contents: " (5) Throughout the course of the judgment, the court checks, by conclusion, ex officio, periodically, but not later than 60 days, if the grounds that determined the measure of judicial review or judicial review on bail are subsisting, or if they have appeared new grounds, justifying the maintenance of this measure. Art. 207 207 para. ((3)-(5) shall apply accordingly. " 7. After Article 215, a new article is inserted, Article 215 ^ 1, with the following contents: "" Duration of judicial review Art. 215 ^ 1. -(1) In the course of prosecution, the measure of judicial review may be ordered by the prosecutor or by the judge of rights and freedoms for a period of no more than 60 days. (2) In the course of criminal prosecution, judicial review may be extended by the prosecutor, by order, if the grounds that determined the measure were taken or new grounds appeared to justify its extension, each extension unable to exceed 60 days. ((3) Provisions of para. ((2) are applicable and where the measure was taken by the judge of rights and freedoms. (4) The order of the prosecutor by which, under the conditions (2) or (3), the measure of judicial review has been extended to be communicated on the same day to the defendant. (5) Against the prosecutor's order by which, under the conditions provided in par. (2) and (3), the measure of judicial review has been extended, the defendant may complain to the judge of rights and freedoms at the court of which he would return the jurisdiction to judge the case in substance, the provisions of art. 213 213 by applying properly. (6) In the course of criminal proceedings, the duration of the measure of judicial control cannot exceed one year, if the punishment provided by law is fine or imprisonment of no more than 5 years and 2 years, respectively, if the punishment provided by law is the detention for life or imprisonment of more than 5 years. (7) The preliminary chamber judge, in the preliminary chamber procedure, or the court, in the course of the judgment, may order the judicial review to be taken against the defendant for a duration not exceeding 60 days. (8) In the course of the judgment in the first instance, the total duration of the judicial review may not exceed a reasonable period and, in all cases, may not exceed 5 years from the time of the prosecution. (9) Upon expiry of the deadlines provided in par. (8), the court may order the taking of another preventive measure, under the law. " 8. In Article 216, paragraph 3 shall be amended and shall read as follows: " (3) Provisions art. 212-215 212-215 ^ 1 shall apply accordingly. ' 9. In Article 344, paragraphs 2 to 4 shall be amended and shall read as follows: " (2) The certified copy of the indictment and, as the case may be, its authorized translation shall be communicated to the defendant at the place of possession or, as the case may be, at the address where he lives or at the address at which he requested the communication of the procedural documents. The defendant, the other parties and the injured person are brought to the attention of the proceedings in the preliminary chamber, the right to hire a defender and the term in which, from the date of communication, they can formulate in writing requests and exceptions regarding the legality of the court's complaint, the legality of the administration of evidence and the performance of acts by the prosecution bodies. The term is set by the preliminary chamber judge, depending on the complexity and peculiarities of the cause, but may not be shorter than 20 days. (3) In the cases provided in art. 90, the preliminary chamber judge shall take measures to appoint a defender ex officio and determine, depending on the complexity and peculiarities of the case, the term in which he may formulate in writing requests and exceptions regarding the legality the complaint of the court, the legality of the administration of evidence and the performance of acts by the prosecution bodies, which cannot be shorter than 20 days. (4) Upon expiry of the deadlines provided in par. ((2) and (3), if requests or exceptions have been made or if he has raised exceptions ex officio, the preliminary chamber judge shall set the time limit for their settlement, with the citation of the parties and the injured person and with the participation of the prosecutor. " 10. Article 345 is amended and shall read as follows: " Procedure in the preliminary chamber Article 345. -(1) At the deadline set according to art. 344 344 para. (4), the preliminary chamber judge shall settle the requests and exceptions made or the exceptions raised ex officio, in the council chamber, on the basis of the works and the material in the prosecution file and any new documents presented, listening to the conclusions of the parties and the injured person, if present, as well as the prosecutor's. (2) The preliminary chamber judge shall rule in the council chamber, by conclusion, which shall be communicated immediately to the prosecutor, to the parties and to the injured person. (3) If the preliminary chamber judge finds irregularities of the act of referral or if he sanctions according to art. 280-282 acts of prosecution carried out in violation of the law or if it excludes one or more evidence administered, within 5 days from the communication of the conclusion, the prosecutor remedies the irregularities of the act of referral and communicates to the judge the preliminary chamber if it maintains the order for arraignment or requests the return of the case 11. In Article 346, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 346. -(1) If no applications and exceptions have been made within the deadlines provided for in art. 344 344 para. (2) and (3) and neither raised ex officio exceptions, upon the expiry of these deadlines, the preliminary chamber judge finds the legality of the court's complaint, the administration of evidence and the performance of the acts of prosecution and orders the commencement Judgment. The preliminary chamber judge shall rule in the council chamber, without citing the parties and the injured person and without the participation of the prosecutor, by conclusion, which shall be communicated immediately to them. (2) If he rejects the applications and exceptions invoked or raised ex officio, under the conditions of art. 345 345 para. (1) and (2), by the same conclusion the preliminary chamber judge finds the legality of the court's complaint, the administration of evidence and the performance of acts of prosecution and orders the commencement of judgment. " 12. In Article 346, after paragraph (4), two new paragraphs are inserted, paragraphs (4 ^ 1) and (4 ^ 2), with the following contents: " (4 ^ 1) In the cases provided in par. ((3) lit. a) and c) and in par. (4), the preliminary chamber judge shall rule by conclusion, in the council chamber, with the citation of the parties and the injured person and with the participation of the prosecutor. The conclusion shall be communicated immediately to the prosecutor, the parties and the injured (4 ^ 2) In the case provided in par. ((3) lit. b), the return of the case to the prosecutor shall be ordered by the conclusion provided in 345 345 para. ((2). ' 13. In Article 347, paragraphs 1 and 3 shall be amended and shall read as follows: "" Art. 347. -(1) Within 3 days from the communication of the terminations provided for in art. 346 346 para. (1)-(4 ^ 2), the prosecutor, the parties and the injured person may appeal. The appeal can also look at how to resolve applications and exceptions. ................................................. (3) The appeal shall be settled in the council chamber, with the citation of the parties and the injured person and with the participation of the prosecutor. Art. 345 345 and 346 shall apply accordingly. ' 14. In Article 347, after paragraph 3, a new paragraph (4) is inserted, with the following contents: " (4) In the resolution of the appeal may not be invoked or raised ex officio other requests or exceptions than those invoked or raised ex officio before the preliminary chamber judge in the proceedings before the court seised with requisition, except in cases of absolute nullity. " 15. In Article 348, paragraph 2 shall be amended and shall read as follows: " (2) In cases where a preventive measure was ordered against the defendant, the preliminary chamber judge from the court seised with indictment or, as the case may be, the preliminary chamber judge from the superior hierarchical court or the competent panel from the High Court of Cassation and Justice, invested with the resolution of the appeal, verifies the legality and merits of the preventive measure, proceeding according to the provisions of art. 207 207. " 16. In Article 367, paragraph 8 is amended and shall read as follows: " (8) If the defendant is under house arrest or is remanded in custody or the defendant has ordered the measure of judicial review or judicial review on bail, the provisions of art. 208 208. " 17. In Article 440, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 440. -(1) The admissibility of the application for appeal in cassation shall be examined in the council chamber by a panel of a judge, after the submission of the report of the assistant magistrate and when the communication procedure is legally fulfilled, without the citation the parties and without the participation of (2) If the application for appeal in cassation is not made within the period provided by law or if the provisions of art. 434 434, art. 436 436 para. ((1), (2) and (6), art. 437 and 438, the court rejects, by final conclusion, the application for appeal in cassation. " 18. In Article 476, paragraph 2 shall be amended and shall read as follows: " (2) By the conclusion provided in par. ((1), the case may be suspended until the prior judgment for the unbundling of the question of law is rendered. If the suspension was not ordered with the referral, and the court investigation is completed before the High Court of Cassation and Justice rule on the referral, the court suspends the debates until the decision is delivered. provided in art. 477 477 para. ((1). If the defendant is under house arrest or is remanded in custody or if the measure of judicial review or judicial review has been ordered against him, the provisions of art. 208 208 for the duration of suspension. ' 19. In Article 523 (1), a new letter, letter b1) is inserted after point b), with the following contents: "" b ^ 1) obtaining traffic and location data processed by public electronic communications network providers or providers of publicly available electronic communications services; " 20. Article 524 is amended and shall read as follows: " Technical supervision, retention, handover and search of correspondence and objects, search and obtaining of traffic and localization data processed by public electronic communications network providers or suppliers electronic communications services for the public in the follow-up procedure Article 524. -(1) Technical supervision, retention, handover and search of correspondence and objects, search and obtaining of traffic and localization data processed by public electronic communications network providers or suppliers. electronic communications services intended for the public may be ordered, at the request of the prosecutor supervising the work of the police bodies carrying out the prosecution of the person given in pursuit by the rights and freedoms the competent court, if it considers that the identification, search, location and Catching people in pursuit cannot be done by other means or it would be long delayed. (2) Provisions art. 138-144, respectively art. 147 147, art. 152 152 and art. 157 157-160 shall apply accordingly. ' " This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished.
p. CHAMBER OF DEPUTIES PRESIDENT,
FLORIN IORDACHE
SENATE PRESIDENT
CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU Bucharest, 28 April 2016. No. 75. -----