LEGE no. 211 211 of 27 May 2004 (* updated *) on certain measures to protect victims of crime ((applicable from 1 February 2014 *)
ISSUER
PARLIAMENT
----------------- *) The updated form of this normative act until February 1, 2014 is carried out by the legal department of S.C. "Territorial Center of Electronic Computing" S.A. Piatra-Neamt by including all the changes and additions made by: EMERGENCY ORDINANCE no. 113 113 of 17 October 2007 ; LAW no. 76 76 of 24 May 2012 ; LAW no. 255 255 of 19 July 2013 . The content of this act is not an official document, being intended to inform users The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 In order to ensure the protection of victims of crime, this law regulates some measures to inform victims of crimes about their rights, as well as psychological counseling, free legal assistance and compensation financial by the state of the victims of crimes. + Article 2 The Ministry of Justice, through the National Institute of Magistracy, and the Ministry of Administration and Interior have the obligation to ensure the specialization of the personnel who, in the exercise of the duties provided by law, establish direct crime. + Article 3 Public authorities responsible for the protection of victims of crime, in cooperation with non-governmental organizations, organize public information campaigns in this field. + Chapter II Information to victims + Article 4 (1) The judicial bodies have the obligation to incuse the victims of crime regarding: ... a) services and organizations providing psychological counseling or any other forms of assistance of the victim, depending on its needs; ... b) the criminal prosecution body to which they can complain; ... c) the right to legal assistance and the institution where they can address for the exercise of this right ... d) conditions and procedure for granting free legal assistance; ... e) the procedural rights of the injured person and of the civil party; ... f) conditions and procedure to benefit from the provisions of art. 113 of the Code of Criminal Procedure, as well as the provisions Law no. 682/2002 on the protection of witnesses, as amended; ... g) conditions and procedure for granting financial compensation by the State; ... h) the right to be informed, if the defendant will be deprived of liberty, respectively sentenced to a custodial sentence, with regard to putting him at large in any way, according to the Code of Criminal Procedure. ... (2) The information provided in par. ((1) are brought to the attention of the victim by the first judicial body to which he presents himself. ... ((3) The victims shall be informed of the information provided in par. ((1) in a language he understands. The victim shall be handed a form containing the information provided in par. ((1). If they cannot or refuse to sign, a report will be concluded on it. ... (4) If the victim is a Romanian citizen belonging to a national minority, the information provided in par. ((1) in his native language. ... (5) The fulfillment of the obligations provided in par. ((1)-(3) shall be recorded in a minutes, which shall be registered with the institution to which the judicial body belongs. ... ------------ Article 4 has been amended by section 4. 1 1 of art. 68 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 5 (1) The Ministry of Justice and the Ministry of Administration and Interior, with the support of the Ministry of Communications and Information Technology, ensure the functioning of a telephone line permanently available for informing victims of crimes. The telephone line ensures the communication of the information provided in art. 4 4 para. ((1). ... ((2) Access to the telephone line provided in par. ((1) shall ensure, free of charge, by calling a single telephone number at national level. ... (3) The staff who provide the information communication through the telephone line provided in par. (1) has the obligation to notify the police units if from the telephone conversation it follows that the victim is in danger. ... (4) Local public administration authorities and non-governmental organizations can set up telephone lines at local level to inform victims of crime. ... + Article 6 (1) The information provided in art. 4 4 para. (1) shall be published on the Internet pages of the Ministry of Justice and the Ministry of Administration and Interior. ... (2) The courts, the prosecutor's offices of the courts and the police units may publish on the Internet page the information provided in art. 4 4 para. ((1). ... + Chapter III Psychological counselling of victims of crimes and other forms of assistance to victims of crime + Article 7 Psychological counseling of victims of crime is ensured, under the conditions of this law, by victims ' protection services and social reintegration of criminals, which operate in addition to the courts. + Article 8 (1) Psychological counseling is granted free of charge, on request, for victims of attempted murder and qualified murder, provided in art. 188 and 189 of the Criminal Code, for victims of the crime of domestic violence, provided in art. 199 of the Criminal Code, of intentional crimes that resulted in bodily injury to the victim, of crimes of rape, sexual assault, sexual intercourse with a minor and sexual corruption of minors, provided in art. 218-221 of the Criminal Code, of the crime of ill-treatment applied to the minor, provided in art. 197 of the Criminal Code, as well as for victims of crimes of trafficking and exploitation of vulnerable persons and of the attempt at them. ... ----------- Alin. ((1) of art. 8 8 has been amended by section 2 2 of art. 68 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (2) Free psychological counseling is granted to the victims of the crimes provided in par. (1), if the crime was committed on the territory of Romania or if the crime was committed outside the territory of Romania and the victim is a Romanian or foreign citizen who lives legally in Romania. ... + Article 9 Free psychological counseling is granted for a period of no more than 3 months, and in the case of victims who have not reached the age of 18, for a period of no more than 6 months. ---------- Article 9 has been amended by section 6.6. 3 3 of art. 68 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 10 (1) The application for the granting of free psychological counseling shall be submitted to the victim protection and social reintegration service of the offenders of the court in whose constituency the victim resides. ... (2) The application may be submitted only after the complaint of the prosecution bodies or the court of justice regarding the commission of the crime. ... (. The application shall include: ... a) the name, surname, nationality, date and place of birth, residence or residence of the victim ... b) the date, place and circumstances of the offence; ... c) the date of referral and the judicial body notified. ... (4) At the request for the granting of free psychological counseling, the supporting documents for the data entered in the application shall be attached in copy. ... (5) The application for free psychological counseling shall be settled within 10 days from the date of submission. ... + Article 11 Victim protection services and social reintegration of offenders can provide other forms of assistance to victims of crime. + Article 12 Non-governmental organisations may organise, independently or in cooperation with public authorities, services for the psychological counselling of victims of crime and for the provision of other forms of assistance to victims of crime. To this end, non-governmental organizations can benefit, under the law, from subsidies from the state budget. + Article 13 Victims of human trafficking and domestic violence also benefit from the protection and assistance measures provided by Law no. 678/2001 ,, as amended, or, where applicable, Law no. 217/2003 to prevent and combat domestic violence, with subsequent amendments and completions. + Chapter IV Free legal assistance of victims of crimes + Article 14 (. Free legal assistance shall be granted, upon request, to the following categories of victims: ... a) the persons on whom an attempt was committed to the crimes of murder, qualified murder and particularly serious murder, provided in art. 174-176 of the Criminal Code, a crime of serious bodily harm, provided in art. 182 of the Criminal Code, an intentional offense that resulted in serious bodily injury to the victim, a crime of rape, sexual intercourse with a minor and sexual perversion, provided in art. 197, 198 and art. 201 201 para. 2 2-5 of the Criminal Code; ... b) the husband, children and persons in the maintenance of deceased persons by committing crimes of murder, qualified murder and particularly serious murder, provided in art. 174-176 of the Criminal Code, as well as intentional crimes that had as a result the death of the person. ... (2) Free legal assistance is granted to the victims provided in par. (1) if the crime was committed on the territory of Romania or, if the crime was committed outside the territory of Romania, if the victim is a Romanian or foreign citizen who lives legally in Romania and the criminal trial is carried out in Romania. ... + Article 15 Free legal assistance is granted, on request, to victims of crimes other than those provided in art. 14 14 para. (1), in compliance with the conditions established in art. 14 14 para. ((2), if the monthly income per family member of the victim is at most equal to the minimum gross basic salary per country established for the year in which the victim made the request for free legal assistance. + Article 16 (1) Free legal assistance is granted only if the victim has notified the prosecution bodies or the court within 60 days of the date of the crime. ... (2) In the case of victims provided in art. 14 14 para. ((1) lit. b), the 60-day period is calculated from the date on which the victim became aware of the commission of the crime. ... (3) If the victim was unable, physically or mentally, to refer the matter to the prosecution bodies, the 60-day period is calculated from the date on which the state of impossibility ceased. ... (4) Victims who have not reached the age of 18 and those put under prohibition do not have the obligation to refer the criminal prosecution bodies or the court with regard to the commission of the crime. The legal representative of the minor or person placed under the ban may refer the criminal prosecution to the criminal proceedings. ... + Article 17 ((1) The application for the granting of free legal assistance shall be submitted to the tribunal in whose constituency the victim resides and shall be settled by two judges of the Commission for the award of financial compensation to victims of certain offences, by conclusion, within 15 days from the date of submission. ... (. The application for the granting of free legal assistance shall include: ... a) the name, surname, nationality, date and place of birth, residence or residence of the victim ... b) the date, place and circumstances of the offence; ... c) if applicable, the date of referral and the prosecution body or the court, notified according to art. 16 16; ... d) the quality of husband, child or person in the maintenance of the deceased person, in the case of the victims provided in 14 14 para. ((1) lit. b); ... e) if applicable, monthly income per family member of the victim; ... f) the name, surname and form of exercise of the profession of lawyer by the chosen defender or the mention that the victim has not chosen a defender. ... (3) At the request for the granting of free legal assistance, the supporting documents for the data entered in the application and any other documents held by the victim, useful for the resolution of the application, shall be attached ... (4) The application for the granting of free legal assistance shall be settled by termination, in the council chamber, with the victim's citation. ... (5) If the victim has not chosen a defender, the conclusion by which the application for free legal assistance has been granted must also include the appointment of a defender of the right office Law no. 51/1995 for the organization and exercise of the profession of lawyer, republished, with subsequent amendments and completions, and the Statute of the profession of lawyer. ... (6) The conclusion by which the application for the granting of free legal assistance has been resolved shall be communicated to the victim. ... (7) The conclusion by which the application for free legal assistance has been rejected is subject to review by the tribunal in which the Commission operates to grant financial compensation to victims of crime, at the request of the victim, within 15 days of communication. The review shall be settled in a panel of two Judges. ... + Article 18 (1) Free legal assistance is granted to each victim throughout the process, within the limit of an amount equivalent to two gross minimum basic salaries per country, established for the year in which the victim made the request for free legal assistance. ... (2) The funds necessary for the granting of free legal assistance shall be provided from the state budget, through the budget of the ... + Article 19 Art. 14 14-18 shall apply accordingly and for the granting of the amount necessary for the execution of the judgment by which civil compensation has been awarded to the victim of the crime. + Article 20 (1) The application for the granting of free legal assistance and the application for the granting of the amount necessary for the execution of the court decision granting civil compensation to the victim of the crime may be formulated by legal of the minor or of the person placed under prohibition. ... ((2) The application for the granting of free legal assistance and the application for the granting of the amount necessary for the execution of the court decision granting civil compensation to the victim of the crime can also be formulated by non-governmental persons operating in the field of protection of victims, if signed by the victim, include the data provided in art. 17 17 para. (2) and the documents provided for in art. 17 17 para. ((3). ... (3) The application for the granting of free legal assistance and the application for the granting of the amount necessary for the execution of the judicial decision by which civil compensation has been awarded to the victim of the crime are exempt from ... + Chapter V State granting of financial compensation to victims of crimes + Article 21 (. Financial compensation shall be granted, upon request, under the terms of this Chapter, to the following categories of victims: ... a) the persons on whom an attempt was committed to the crimes of murder and qualified murder, provided in art. 188 and 189 of the Criminal Code, a criminal offence, provided for in art. 194 of the Criminal Code, an intentional offense that resulted in bodily injury to the victim, a crime of rape, sexual intercourse with a minor and sexual assault, provided in art. 218-220 of the Criminal Code, a crime of human trafficking and trafficking of minors, provided in art. 210 and 211 of the Criminal Code, a terrorist offence, as well as any other intentional offence committed with violence; ... ------------ Lit. a) a par. ((1) of art. 21 21 has been amended by section 4.2 4 4 of art. 68 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. b) the spouse, children and persons in the maintenance of deceased persons by committing the crimes provided in par. ((1). ... (2) The financial compensation is granted to the victims provided in par. (1) if the crime was committed on the territory of Romania and the victim is: ... a) Romanian citizen; ... b) foreign national or stateless person living legally in Romania; ... c) citizen of a Member State of the European Union, legally on the territory of Romania on the date of the commission of the crime ... d) foreign or stateless citizen residing in the territory of a Member State of the European Union, legally on the territory of Romania on the date of the commission of the crime. ... (3) In the case of victims who do not fall within the categories of persons provided in par. ((1) and (2), the financial compensation shall be granted on the basis of the international conventions to which Romania is a party. ... ---------- Article 21 has been amended by point 1 1 of art. I of EMERGENCY ORDINANCE no. 113 113 of 17 October 2007 , published in MONITORUL OFFICIAL no. 729 729 of 26 October 2007. + Article 22 (. Financial compensation shall not be granted if: ... a) it is established that the act does not exist or is not provided by the criminal law or that the act was committed in a state of self-defense against the attack of the victim under the 44 of the Criminal Code; ... b) the victim is definitively convicted of participating in an organized criminal group; ... c) the victim is definitively convicted of one of the offences referred to in 21 21 para. ((1); ... d) the court holds in favor of the perpetrator the mitigating circumstance of exceeding the limits of the legitimate defense against the attack of the victim, provided in art. 73 lit. a) of the Criminal Code, or the mitigating circumstance of the challenge provided in art. 73 lit. b) of the Criminal Code. ... ((2) The victim who has received financial compensation or an advance from the financial compensation is obliged to return the amounts if it is established the existence of one of the cases provided in par. ((1). ... + Article 23 (1) The financial compensation shall be granted to the victim only if he has notified the prosecution bodies within 60 days of the date of the crime. ... (2) In the case of victims provided in art. 21 21 para. ((1) lit. b), the 60-day period is calculated from the date on which the victim became aware of the commission of the crime. ... (3) If the victim was unable, physically or mentally, to refer the matter to the prosecution bodies, the 60-day period is calculated from the date on which the state of impossibility ceased. ... (4) Victims who have not reached the age of 18 and those put under prohibition do not have the obligation to refer to the criminal prosecution bodies regarding the commission of the crime. The legal representative of the minor or person placed under the ban may refer the criminal prosecution to the criminal proceedings. ... ----------- Article 23 has been amended by section 6.6. 5 5 of art. 68 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 24 ((. Where the perpetrator is known, the financial compensation may be granted to the victim if the following conditions are met: ... a) the victim made the application for financial compensation within one year, as the case may be: ... 1. from the date of final stay of the decision by which the criminal court handed down the conviction or acquittal in the cases provided for in 16 16 para. ((1) lit. b)-d) of the Code of Criminal Procedure and awarded civil compensation or termination of the criminal proceedings in the cases provided in art. 16 16 para. ((1) lit. f) and h) of the Code of Criminal Procedure; 2. from the date on which the prosecutor ordered the ranking, in the cases provided in art. 16 16 para. ((1) lit. b), c), d), f) and h) of the Code of Criminal Procedure; b) the victim was a civil party in the criminal proceedings, unless the ranking was ordered according to the provisions of art. 315 315 para. ((1) lit. a) of the Code of Criminal Procedure; ... c) the perpetrator is insolvent or missing; ... d) the victim did not obtain the full repair of the damage suffered from an insurance company. ... ----------- Alin. ((1) of art. 24 24 has been amended by section 6 6 of art. 68 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (2) If the victim was unable to formulate the application for financial compensation, the one-year term provided in par. ((1) lit. a) is calculated from the date on which the state of impossibility ceased. ... (3) If the court ordered the dislocation of civil action from the criminal action, the one-year period provided for in par. ((1) lit. a) flows from the date of final stay of the decision by which the civil action was admitted. ... ---------- Alin. ((3) of art. 24 24 has been amended by section 6 6 of art. 68 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (4) Victims who have not reached the age of 18 and those put under prohibition do not have the obligation provided in par. ((1) lit. b). ... + Article 25 If the perpetrator is unknown, the victim may make the application for financial compensation within 3 years from the date of the commission of the crime, if the condition provided for in art. 24 24 para. ((1) lit. d). + Article 26 If the victim is a minor and his legal representative has not made the request for financial compensation within the deadlines provided, as the case may be, in art. 24 24 or 25, these deadlines begin to run from the date on which the victim reached the age of 18. + Article 27 (1) The financial compensation shall be granted to the victim for the following categories of damage suffered by him by committing the crime: ... a) in the case of victims referred to in 21 21 para. ((1) lit. a): ... 1. the expenses of hospitalization and other categories of medical expenses incurred by the victim; 2. the material damage resulting from the destruction, degradation or non-use of the victim's property or from the dispossession of the victim by committing the crime; 3. the earnings of which the victim is deprived of the commission of the crime; b) in the case of victims referred to in 21 21 para. ((1) lit. b): ... 1. funeral expenses; 2. the maintenance of which the victim is deprived of the offence. (2) Financial compensation for the material damage provided in par. ((1) lit. a) section 2 shall be granted up to an amount equivalent to 10 gross minimum basic wages per country set for the year in which the victim made the application for financial compensation. ... ((3) The amounts of money paid by the perpetrator as civil compensation and the indemnity obtained by the victim from an insurance company for damages caused by the commission of the crime shall be deducted from the amount of financial compensation granted by victim state. ... + Article 28 ((1) The application for financial compensation shall be submitted to the tribunal in whose constituency the victim is domiciled and shall be settled by two judges of the Commission for the award of financial compensation to victims of crime every court. ... (. The Commission for the granting of financial compensation to victims of crime shall be composed of at least two Judges, appointed for a period of 3 years by the general assembly of the judges of the ... (3) The general assembly of the judges of the tribunal shall designate, for a period of 3 years, an equal number of alternate judges of the judges who make up the Commission for the award of financial compensation to victims of crime. ... (4) The alternate judges referred to in par. ((3) participate in the settlement of claims for financial compensation in the case of the impossibility of participation of one or both judges who make up the Commission for the award of financial compensation to victims of crime. ... (. The Secretariat of the Commission for the award of financial compensation to victims of crime shall be provided by one or more Registrars appointed by the President of the General Court. ... + Article 29 (. The application for financial compensation shall include: ... a) the name, surname, nationality, date and place of birth, residence or residence of the victim ... b) the date, place and circumstances of the crime that caused the damage; ... c) the categories of damage suffered by committing the crime, which falls within the provisions of art. 27 27 para. ((1); ... d) if applicable, the prosecuting body or the court and the date of their referral; ... e) if applicable, the number and date of the court decision or act of the criminal prosecution body, provided in art. 24 24 para. ((1) lit. a); ... f) the quality of husband, child or person in the maintenance of the deceased person, in the case of the victims provided in 21 21 para. ((1) lit. b); ... g) criminal history; ... h) the amounts paid as compensation by the perpetrator or the indemnity obtained by the victim from an insurance company for damages caused by the commission of the crime; ... i) amount of the financial compensation requested. ... (. At the request for financial compensation shall be attached, in copy, the supporting documents for the data entered in the application and any other documents held by the victim, useful for the settlement of the application. ... + Article 30 ((1) The victim may request the Commission for the granting of financial compensation to the victims of crime an advance on financial compensation, within an amount equivalent to 10 gross minimum basic wages per country set for the year in which the victim requested the advance. ... (2) The advance may be requested by the application for financial compensation or by a separate request, which may be made at any time after the complaint of the prosecution bodies or the court, if applicable, according to art. 23, and at the latest within 30 days from the date of submission of the claim for compensation. Art. 29 29 shall apply accordingly if the advance is requested by a separate application, in which the stage of the judicial procedure is also mentioned. ... ((. The advance shall be granted if the victim is in a precarious financial situation. ... ((4) The victim's request for an advance on the financial compensation shall be settled within 30 days from the date of the request, by two judges of the Commission for the granting of financial compensation to the victims of the offences. ... ((5) In the event of the rejection of the application for financial compensation, the victim is obliged to return the advance, unless the application for financial compensation has been rejected only for the reason that the perpetrator is not insolvent or missing. ... ((6) The victim who received an advance from the financial compensation is obliged to return it if he has not submitted the application for financial compensation within the time limits provided, as the case may be, in art. 24 24, 25 or 26. ... + Article 31 (1) The application for financial compensation and the application for an advance from the financial compensation shall be settled in the council chamber, with the summoning of the victim. ... (2) Participation of the prosecutor is mandatory ... (3) In order to resolve the application, the Commission for the granting of financial compensation to victims of criminal offences in full two judges may hear persons, request documents and administer any other evidence that they have considers useful to resolve the application. ... ((4) Solving the application for financial compensation or the application for an advance thereof, the Commission for the granting of financial compensation to victims of criminal offences in two judges may, by decision, rule one of the following: ... a) admits the application and determines the amount of the financial compensation or, as the case may be, the advance thereof; ... b) reject the application if the conditions laid down by this law are not met for the granting of financial compensation or, as the case may be, the advance thereof. ... (5) The judgment by which the application for financial compensation has been settled or the application for an advance in it shall be communicated to the victim. ... (6) The judgment may be appealed to the court of appeal within 15 days of the communication. ... ----------- Alin. ((6) of art. 31 31 has been amended by art. 49, Title IV of LAW no. 76 76 of 24 May 2012 , published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. + Article 32 The Commission for the granting of financial compensation to victims of crime has the obligation to inform the prosecution body or the court vested with the prosecution of the crime or, as the case may be, the court vested with the resolution of civil action the application for financial compensation or the application by which the victim has requested an advance from the financial compensation. + Article 33 (1) The funds necessary for granting the financial compensation or the advance thereof for the victims of the crimes shall be ensured from the state budget, through the budget of the Ministry of Justice. ... ((2) The payment of the financial compensation or the advance thereof for the victims of the offences shall be ensured by the financial compartments of the courts, within 15 days from the date of the final stay of the judgment by which the compensation was granted financial or an advance thereof. ... (3) The State, through the Ministry of Justice, subrogates itself to the rights of the victim who received financial compensation or an advance from it for the recovery of the amounts paid to the victim ... + Article 34 (1) The application for financial compensation and the application for an advance payment may be made by the legal representative of the minor or the person placed under the prohibition. ... ((2) The application for financial compensation and the application for an advance from it may also be made by non-governmental organizations operating in the field of protection of victims, if signed by the victim, include the data provided in art. 29 29 para. (1) and the documents provided for in art. 29 29 para. ((2). If the advance is requested by a separate application, the stage of the judicial procedure shall also be mentioned in the application. ... (3) The application for financial compensation and the application for an advance thereof shall be exempt from stamp duty. ... + Chapter V ^ 1 Request for financial compensation in cross-border situations --------- Chapter V ^ 1 was introduced by item 2 2 of art. I of EMERGENCY ORDINANCE no. 113 113 of 17 October 2007 , published in MONITORUL OFFICIAL no. 729 729 of 26 October 2007. + Section 1 General provisions ---------- Section 1 of Chapter V ^ 1 was introduced by section 1. 2 2 of art. I of EMERGENCY ORDINANCE no. 113 113 of 17 October 2007 , published in MONITORUL OFFICIAL no. 729 729 of 26 October 2007. + Article 34 ^ 1 This Chapter regulates how to obtain financial compensation in the event of a crime in the territory of a Member State of the European Union other than that in which the victim legally resides. ---------- Art. 34 ^ 1 a has been introduced by item 2 2 of art. I of EMERGENCY ORDINANCE no. 113 113 of 17 October 2007 , published in MONITORUL OFFICIAL no. 729 729 of 26 October 2007. + Article 34 ^ 2 For the purposes of this law, the following terms and expressions have the following meanings: a) requesting State-the Member State of the European Union on whose territory the victim who seeks financial compensation is legally resident; ... b) requested State-the Member State of the European Union on whose territory the offence was committed; ... c) authority responsible for assistance-the authority of the requesting State which has powers regarding the registration and transmission of applications for financial compensation, information and advice to applicants, as well as cooperation with the authorities competent authorities of the requested State ... d) decision authority-the authority of the requested State to settle claims for financial compensation; ... e) applicant-a person making an application for financial compensation. ... --------- Article 34 ^ 2 has been introduced by item 2 2 of art. I of EMERGENCY ORDINANCE no. 113 113 of 17 October 2007 , published in MONITORUL OFFICIAL no. 729 729 of 26 October 2007. + Section 2 Romanian authority responsible for assistance --------- Section 2 of Chapter V ^ 1 was introduced by section 2. 2 2 of art. I of EMERGENCY ORDINANCE no. 113 113 of 17 October 2007 , published in MONITORUL OFFICIAL no. 729 729 of 26 October 2007. + Article 34 ^ 3 (1) The Romanian citizen, the stateless person or the foreigner who legally lives in Romania, the victim of an intentional crime committed with violence in the territory of another Member State of the European Union, may request, with the support of the assistance authority of Romania, a financial compensation from the state on whose territory the crime was committed, under the conditions provided by the law of that state. ... (2) In application of art. 3 3 para. ((1) of Council Directive 2004 /80/EC on the compensation of victims of crime, published in the Official Journal of the European Union no. L 261 of August 6, 2004, the Ministry of Justice is designated authority responsible for the assistance of persons referred to in (1) wishing to obtain financial compensation. ... ---------- Art. 34 ^ 3 a was introduced by item 2 2 of art. I of EMERGENCY ORDINANCE no. 113 113 of 17 October 2007 , published in MONITORUL OFFICIAL no. 729 729 of 26 October 2007. + Article 34 ^ 4 (1) The Romanian citizen, the stateless person or the foreigner who legally lives in Romania, the victim of an intentional crime committed with violence on the territory of another Member State of the European Union, may submit to the Ministry of Justice an application for obtaining financial compensation from the State on whose territory the offence was committed, accompanied by the necessary supporting documents. ... (2) Within a maximum of 5 working days from receipt the Ministry of Justice shall transmit the applications and supporting documents submitted to the decision-making authority of the state on whose territory the crime was committed, designated according to Council Directive 2004 /80/EC. ... (3) Applications referred to in par. (1) may be sent to the Ministry of Justice and by letter with confirmation of receipt. ... (4) The provisions of this law do not affect the right of the person to submit a claim for financial compensation directly to the state decision authority on whose territory the crime was committed, according to the legislation of that state. ... (5) The Ministry of Justice will transmit the request for obtaining the financial compensation according to the provisions of par. (2), in the form provided for by the European Commission Decision 2006 /337/EC of 19 April 2006 for the establishment of standard forms of applications and decisions Council Directive 2004 /80/EC and set out in Annex no. 1 which forms an integral part of this law. ... ---------- Art. 34 ^ 4 a was introduced by item 2 2 of art. I of EMERGENCY ORDINANCE no. 113 113 of 17 October 2007 , published in MONITORUL OFFICIAL no. 729 729 of 26 October 2007. + Article 34 ^ 5 The Ministry of Justice provides the applicant with the necessary information on the possibilities to seek financial compensation from the State on whose territory the offence was committed, the necessary application forms, as well as information and indications of how to complete the application form and the necessary supporting documents. ----------- Article 34 ^ 5 has been introduced by the 2 2 of art. I of EMERGENCY ORDINANCE no. 113 113 of 17 October 2007 , published in MONITORUL OFFICIAL no. 729 729 of 26 October 2007. + Article 34 ^ 6 (1) The Ministry of Justice shall provide the applicant with general data and information to assist him in responding to any request for further information made by the decision-making authority of the Member State of the European Union in the territory of which he The crime was committed. ... (2) At the request of the applicant, the Ministry of Justice shall transmit directly to the decision authority (1) the information and documents provided in par. (1), within 5 working days from the date of receipt of the written request in this regard. ... ---------- Art. 34 ^ 6 a was introduced by item 2 2 of art. I of EMERGENCY ORDINANCE no. 113 113 of 17 October 2007 , published in MONITORUL OFFICIAL no. 729 729 of 26 October 2007. + Article 34 ^ 7 (1) The information provided in art. 34 ^ 5 and 34 ^ 6 may be requested: ... a) by audience at the Ministry of Justice or by telephone; ... b) by mail, with acknowledgement of receipt, fax or e-mail. ... (2) In the case provided in par. (1) the rules for conducting the audience shall be established by order of the Minister of Justice. ... (3) Information requested according to par. ((1) lit. b) shall be transmitted within a maximum of 20 calendar days from the date of registration of the application to the Ministry of Justice. ... (4) If it is necessary to obtain additional information from other institutions, they will be requested within the 20-day period, and the Ministry of Justice will inform the applicant within 20 calendar days of receiving requested information. ... ---------- Art. 34 ^ 7 a was introduced by item 2 2 of art. I of EMERGENCY ORDINANCE no. 113 113 of 17 October 2007 , published in MONITORUL OFFICIAL no. 729 729 of 26 October 2007. + Article 34 ^ 8 (1) The Ministry of Justice shall publish on the official website the application forms and other information relevant for obtaining financial compensation for victims of crimes in cross-border situations. ... (2) The model of the application forms referred to in par. (1) will be approved by order of the Minister of Justice. ... ----------- Art. 34 ^ 8 a was introduced by item 2 2 of art. I of EMERGENCY ORDINANCE no. 113 113 of 17 October 2007 , published in MONITORUL OFFICIAL no. 729 729 of 26 October 2007. + Article 34 ^ 9 (1) The Ministry of Justice shall provide the necessary support if the decision-making authority of the granting State requests the direct hearing by videoconference or by telephone of the victim, witness, expert or any other person located on the territory of Romania that can provide relevant information. ... (2) The hearing shall be conducted directly by the decision-making authority, according to its internal law. ... (3) The hearing request may be accepted by the Romanian state if it does not contravene its fundamental principles of law, in compliance with the following conditions: ... a) the hearing of the persons referred to (1) may not take place in the absence of their express consent; ... b) the hearing takes place in the presence of the representative of the Ministry of Justice, who verify the identity of the person heard and If it finds that fundamental rights of the person are violated, the representative of the Ministry of Justice immediately takes the necessary measures to ensure compliance with these rights or, if this is not possible, to stop hearing; ... c) the person heard will be assisted by the interpreter to ensure communication with both the assistance authority and the decision-making authority; ... d) the person heard has the right to be assisted by the defender. ... (4) The person whose hearing is required will be notified by letter with acknowledgement of receipt at least 10 working days before the date set for the hearing. ... (5) The notice letter provided in par. (4) will necessarily include the following: ... a) date and time of hearing; ... b) place of hearing; ... c) the institution that will conduct the hearing ... d) reason for the hearing ... e) the opportunity to be assisted by the defender. ... (6) The legal provisions on international legal aid shall apply accordingly. ... ---------- Article 34 ^ 9 has been introduced by the 2 2 of art. I of EMERGENCY ORDINANCE no. 113 113 of 17 October 2007 , published in MONITORUL OFFICIAL no. 729 729 of 26 October 2007. + Article 34 ^ 10 (1) If the decision authority of the state on whose territory the crime was committed requests this, the Ministry of Justice will carry out the hearing of the persons referred to in art. 34 34 ^ 9. ... (2) The person whose hearing is required will be notified by letter with acknowledgement of receipt at least 10 working days before the date set for the hearing. The 10-day period shall be calculated from the date of receipt of the ... (3) The letter of notice provided in par. (2) will necessarily include the mentions provided in art. 34 ^ 9 para. ((5). ... (4) The person heard will be assisted, if any, by the interpreter. ... (5) The person heard may be assisted by the defender, which will be brought to his attention by the notice provided in par. ((2). ... (6) A minutes of the hearing will be sent to the decision-making authority within 5 working days from the date of the hearing. ... ((7) No measure of a coercive nature can be taken against the person heard. ... --------- Art. 34 ^ 10 a was introduced by item 2 2 of art. I of EMERGENCY ORDINANCE no. 113 113 of 17 October 2007 , published in MONITORUL OFFICIAL no. 729 729 of 26 October 2007. + Article 34 ^ 11 (1) The Ministry of Justice in collaboration with the competent Romanian authorities and the decision-making authority of the requesting State shall agree on the protection measures of the person heard. ... (2) The provisions of the Code of Criminal Procedure regarding the protection of witnesses or injured person may apply accordingly. ... --------- Art. 34 ^ 11 a was introduced by item 2 2 of art. I of EMERGENCY ORDINANCE no. 113 113 of 17 October 2007 , published in MONITORUL OFFICIAL no. 729 729 of 26 October 2007. + Article 34 ^ 12 The Ministry of Justice shall bear from the approved budget the expenses arising from the fulfilment of its obligations under this section. ---------- Art. 34 ^ 12 a has been introduced by item 2 2 of art. I of EMERGENCY ORDINANCE no. 113 113 of 17 October 2007 , published in MONITORUL OFFICIAL no. 729 729 of 26 October 2007. + Article 34 ^ 13 As the assistance authority the Ministry of Justice will not rule on the admissibility of the application for obtaining financial compensation. ---------- Art. 34 ^ 13 a was introduced by item 2 2 of art. I of EMERGENCY ORDINANCE no. 113 113 of 17 October 2007 , published in MONITORUL OFFICIAL no. 729 729 of 26 October 2007. + Section 3 Romanian decision-making authority --------- Section 3 of Chapter V ^ 1 was introduced by section 3. 2 2 of art. I of EMERGENCY ORDINANCE no. 113 113 of 17 October 2007 , published in MONITORUL OFFICIAL no. 729 729 of 26 October 2007. + Article 34 ^ 14 ((1) In application Council Directive 2004 /80/EC, the decision-making authority on applications for financial compensation of persons referred to in art. 21 21 para. ((2) lit. c) and d) for the crimes committed on the territory of Romania is the commission for the granting of financial compensation to the victims of crimes constituted in the Bucharest Court ... (2) The Commission for the granting of financial compensation to the victims of the crimes of the Bucharest Court is made up of at least 3 judges appointed under the present ... (3) The Commission for the granting of financial compensation from the Bucharest Tribunal shall receive the financial compensation claims provided for in par. ((1) directly from the applicant or through the State aid authority on whose territory the applicant resides. ... --------- Art. 34 ^ 14 a has been introduced by item 2 2 of art. I of EMERGENCY ORDINANCE no. 113 113 of 17 October 2007 , published in MONITORUL OFFICIAL no. 729 729 of 26 October 2007. + Article 34 ^ 15 The provisions of this Law on the financial compensation of victims of crime shall also apply accordingly to the cases provided for by this Section. -------- Art. 34 ^ 15 a was introduced by item 2 2 of art. I of EMERGENCY ORDINANCE no. 113 113 of 17 October 2007 , published in MONITORUL OFFICIAL no. 729 729 of 26 October 2007. + Article 34 ^ 16 (1) The Commission for the granting of financial compensation from the Bucharest Court will transmit to the requesting authority the requesting State, as well as to the applicant a confirmation of receipt of the application within 5 working days of on its receipt, the name of the contact person within the commission as well as an approximate deadline for its resolution when possible. ... (2) The confirmation provided in par. ((1) shall be communicated to the applicant and to the assistance authority of the requesting State in the form established by the European Commission Decision 2006 /337/EC to establish standard forms of applications and decisions Council Directive 2004 /80/EC and set out in Annex no. 2 which forms an integral part of this law. ... ((3) If the Commission of the Bucharest Tribunal receives the application for financial compensation through the assistance authority of the requesting State, it shall also send a copy of the citation. ... -------- Art. 34 ^ 16 a was introduced by item 2 2 of art. I of EMERGENCY ORDINANCE no. 113 113 of 17 October 2007 , published in MONITORUL OFFICIAL no. 729 729 of 26 October 2007. + Article 34 ^ 17 (1) In order to resolve the application the commission of the Bucharest Tribunal may hear the victim, as well as the witnesses or experts concerned who are on the territory of the requesting state, directly by videoconference or telephone or by means of the requesting State assistance authority. ... (. To that end, the Commission shall address a written request to the requesting State aid authority. ... (3) The rules on international legal aid shall apply accordingly. ... ---------- Art. 34 ^ 17 a has been introduced by item 2 2 of art. I of EMERGENCY ORDINANCE no. 113 113 of 17 October 2007 , published in MONITORUL OFFICIAL no. 729 729 of 26 October 2007. + Article 34 ^ 18 (1) Direct hearing by videoconference or telephone is made according to the Romanian law. ... (2) For the hearing by videoconference or telephone the rules on international judicial assistance will apply accordingly. ... (3) The hearing may not give rise to coercive measures against the person heard. ... ---------- Art. 34 ^ 18 a was introduced by item 2 2 of art. I of EMERGENCY ORDINANCE no. 113 113 of 17 October 2007 , published in MONITORUL OFFICIAL no. 729 729 of 26 October 2007. + Article 34 ^ 19 The hearing through the assistance authority will be made under the law of the state to which it belongs. -------- Art. 34 ^ 19 a was introduced by item 2 2 of art. I of EMERGENCY ORDINANCE no. 113 113 of 17 October 2007 , published in MONITORUL OFFICIAL no. 729 729 of 26 October 2007. + Article 34 ^ 20 (1) The provisions of the Code of Criminal Procedure regarding the protection of witnesses or injured person shall apply accordingly. ... ((2) The measures regarding the protection of the person heard may be taken in collaboration with the assistance authority. ... --------- Art. 34 ^ 20 a was introduced by item 2 2 of art. I of EMERGENCY ORDINANCE no. 113 113 of 17 October 2007 , published in MONITORUL OFFICIAL no. 729 729 of 26 October 2007. + Article 34 ^ 21 The decision to settle the application for financial compensation shall be communicated to the applicant and to the assistance authority of the requesting State in the form established by the European Commission Decision 2006 /337/EC of 19 April 2006 for the establishment of forms standard of applications and decisions Council Directive 2004 /80/EC and set out in Annex no. 3 which forms an integral part of this law. -------- Art. 34 ^ 21 a has been introduced by item 2 2 of art. I of EMERGENCY ORDINANCE no. 113 113 of 17 October 2007 , published in MONITORUL OFFICIAL no. 729 729 of 26 October 2007. + Article 34 ^ 22 (1) The financial compensation shall be paid to the applicant in the account indicated by him in the application form. ... (2) The applicant shall not be charged any expenses occasioned by the formulation, filing or settlement of the application for financial compensation or the actual payment of the compensation. ... ---------- Art. 34 ^ 22 a was introduced by item 2 2 of art. I of EMERGENCY ORDINANCE no. 113 113 of 17 October 2007 , published in MONITORUL OFFICIAL no. 729 729 of 26 October 2007. + Section 4 Common provisions -------- Section 4 of Chapter V ^ 1 was introduced by section 4. 2 2 of art. I of EMERGENCY ORDINANCE no. 113 113 of 17 October 2007 , published in MONITORUL OFFICIAL no. 729 729 of 26 October 2007. + Article 34 ^ 23 (1) The Ministry of Justice shall be designated as the focal point of contact with the other Member States of the European Union for the application of the provisions of this Chapter. ... (2) The duties of the Ministry of Justice in application of (1) will be established by order of the Minister of Justice. ... --------- Art. 34 ^ 23 a was introduced by item 2 2 of art. I of EMERGENCY ORDINANCE no. 113 113 of 17 October 2007 , published in MONITORUL OFFICIAL no. 729 729 of 26 October 2007. + Article 34 ^ 24 ((. The documents to be transmitted between the authorities from different states in accordance with this chapter shall be drawn up as follows: ... a) the documents addressed to the Romanian authorities will be written in Romanian or English; ... b) the documents addressed by the Romanian authorities to an authority from another Member State of the European Union will be written in the official language of that state or in any other language that that state has declared itself willing to accept. ... (2) I take exception to the provisions of par. (1) the following documents: ... a) the full text of the decision given by the decision-making authority in the resolution of the financial compensation ... b) the minutes drawn up in application of art. 34 ^ 10 para. ((6) and 34 ^ 19. ... (3) The documents provided in par. (2) issued by a Romanian authority will be transmitted in Romanian or in English or French. ... (4) As an assistance authority, the Ministry of Justice shall ensure the translation of the full text of the judgment given by a decision-making authority of another Member State of the European Union in the resolution of the application for financial compensation one of the persons referred to in Article 34 ^ 3 para. (1), if this person requests the translation. The translation costs will be borne by the Ministry of Justice. ... --------- Art. 34 ^ 24 a has been introduced by item 2 2 of art. I of EMERGENCY ORDINANCE no. 113 113 of 17 October 2007 , published in MONITORUL OFFICIAL no. 729 729 of 26 October 2007. + Article 34 ^ 25 The application forms for financial compensation, as well as any other documents submitted under this Chapter shall not be subject to any other certification or authentication formalities. -------- Art. 34 ^ 25 a has been introduced by item 2 2 of art. I of EMERGENCY ORDINANCE no. 113 113 of 17 October 2007 , published in MONITORUL OFFICIAL no. 729 729 of 26 October 2007. + Article 34 ^ 26 (1) The Ministry of Justice, as the authority responsible for assistance, or other competent institution shall transmit to the European Commission: ... a) the list of assistance and decision-making authorities designated in application Council Directive 2004 /80/EC; ... b) the languages in which the Romanian authorities are willing to accept the documents transmitted in cross-border situations, according to this chapter; ... c) information on the possibilities to request and obtain a financial compensation for crimes committed on the territory of Romania, according to the present law; ... d) forms-type of application for financial compensation. ... (2) The Ministry of Justice or other competent institution will transmit to the European Commission any subsequent modification of the information provided in par ((1). ... --------- Art. 34 ^ 26 a was introduced by item 2 2 of art. I of EMERGENCY ORDINANCE no. 113 113 of 17 October 2007 , published in MONITORUL OFFICIAL no. 729 729 of 26 October 2007. + Chapter VI Final provisions + Article 35 Name of services for social reintegration of offenders and supervision of the execution of non-custodial sanctions or the name of social reintegration and surveillance services provided for in Government Ordinance no. 92/2000 on the organization and functioning of social reintegration services of criminals and supervision of the execution of non-custodial sanctions, published in the Official Gazette of Romania, Part I, no. 423 of 1 September 2000, approved with amendments and additions by Law no. 129/2002 , as well as in other normative acts, it is replaced by the name of victim protection services and social reintegration of criminals. + Article 36 This Law shall enter into force on 1 January 2005. This law transposes the provisions into national law Council Directive 2004 /80/EC of 29 April 2004 on the compensation of victims of crime, published in the Official Journal of the European Union no. L 261 of 6 August 2004 and Commission Decision 2006 /337/EC of 19 April 2006 establishing standard forms of applications and decisions pursuant to Council Directive 2004 /80/EC of 29 April 2004 on the compensation of victims offences, published in the Official Journal of the European Union no. L125 of 12 May 2006. ---------- The entry for the transposition of the Community rules was introduced by point 3 3 of art. I of EMERGENCY ORDINANCE no. 113 113 of 17 October 2007 , published in MONITORUL OFFICIAL no. 729 729 of 26 October 2007. This law was adopted by the Senate at the meeting of April 19, 2004, in compliance with the provisions of art 76 76 para. (2) of the Romanian Constitution, republished. p. SENATE PRESIDENT, DAN MIRCEA POPESCU This law was adopted by the Chamber of Deputies at its meeting on May 11, 2004, in compliance with the provisions of 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU Bucharest, May 27, 2004. No. 211. + Annex 1 Form of submission of the application for financial compensation in cross-border situations ((art. 6 6 para. 2 2 of Council Directive 2004 /80/EC) 1. File No.: 2. Official language of the form and other supporting documents (art. 6 6 para. 3 3 of Council Directive 2004 /80/EC): 3. The form shall be transmitted by: ┌ --------------------------------------------------------------------------- | Authority responsible for assistance (transmitting authority): | | Name of authority: | | | Member State: | | Contact person of the department responsible: | | | Address: | | | Phone number (including prefix): | | No. of fax: | | | E-mail address: | └ --------------------------------------------------------------------------- 4. The form is sent to: ┌ --------------------------------------------------------------------------- | Decision authority (receiving authority): | | Name of authority: | | | Member State: | | Contact person of the department responsible: | | | Address: | | | Phone number (including prefix): | | No. of fax: | | | E-mail address: | └ --------------------------------------------------------------------------- 5. Data about the applicant (person seeking financial compensation): Name: First name: Sex: DOB: Nationality: Address and postal code: The place where the person habitually lives (if different from home): Telephone number (including prefix): Fax No: E-mail address: Bank data (for transfers, the BIC code should be provided instead of the bank code and the IBAN code instead of the account number): ┌ -------------- [...] [...] [...] | BIC Code: | IBAN Code: | Name of the bank: | Contact abroad | | | | | | | | | | | | | └ -------------- [...] [...] [...] [...] Where applicable, the legal representative: 6. Data about the injured person, if different from the person of the applicant: Name: First name: Sex: DOB: Nationality: Address and postal code: The place where the person habitually lives (if different from home): Telephone number (including prefix): Fax No: E-mail address: Done at: Date: By: (signature or stamp) 7. List of supporting documents attached: ----------- Annex 1 was introduced by section 6.6. 4 4 of art. I of EMERGENCY ORDINANCE no. 113 113 of 17 October 2007 , published in MONITORUL OFFICIAL no. 729 729 of 26 October 2007. + Annex 2 Confirmation of receipt ((art. 7 7 of Council Directive 2004 /80/EC) It will be transmitted to the authority responsible for the assistance Decision-making authority: ┌ --------------------------------------------------------------------------- | Name of authority: | | | Member State: | | | Case number: | | Contact person in the department responsible: | | | Address: | | | Phone number (including prefix): | | No. of fax: | | | E-mail address: | └ --------------------------------------------------------------------------- Specify the deadline for settling the application for financial compensation submitted by the applicant (when possible): The receipt of the request for compensation from the authority responsible for assistance shall be hereby confirmed: ┌ --------------------------------------------------------------------------- | Name of authority: | | | Member State: | | | Case number: | └ --------------------------------------------------------------------------- Date of receipt: Done at: Date: By: (signature or stamp) ---------- Annex 2 was introduced by section 4.2. 4 4 of art. I of EMERGENCY ORDINANCE no. 113 113 of 17 October 2007 , published in MONITORUL OFFICIAL no. 729 729 of 26 October 2007. + Annex 3 Form of transmission of the decision on the application of financial compensation in cross-border situations ((art. 10 10 of Council Directive 2004 /80/EC) 1. Case number: 2. Date of judgment: 3. The language in which the decision is drawn up: 4. The decision shall be submitted by ┌ --------------------------------------------------------------------------- | Data about the decision-making authority (transmitting authority): | | Name of authority: | | | Member State: | | Contact person of the department responsible: | | | Address: | | | Phone number (including prefix): | | No. of fax: | | | E-mail address: | └ --------------------------------------------------------------------------- 5. The decision shall be submitted to ┌ --------------------------------------------------------------------------- | Authority responsible for assistance (receiving authority): | | Name of authority: | | | Member State: | | Contact person of the department responsible: | | | Address: | | | Phone number (including prefix): | | No. of fax: | | | E-mail address: | └ --------------------------------------------------------------------------- 6. And to: ┌ --------------------------------------------------------------------------- | Data about the applicant: | | | Name and surname: | | | Address: | | | Phone number (including prefix): | | No. of fax: | | | E-mail address: | | Legal representative (if applicable): | └ --------------------------------------------------------------------------- 7. Information on the decision: a) Summary exposure: ... b) Information on remedies, competent authority and time-limits: ... c) Other information or measures required by the applicant (to be completed as appropriate): ... Done at: Date: By: (signature or stamp) -------- Annex 3 was introduced by section 6.6. 4 4 of art. I of EMERGENCY ORDINANCE no. 113 113 of 17 October 2007 , published in MONITORUL OFFICIAL no. 729 729 of 26 October 2007. -----
