Law No. 304 Of 28 June 2004 On Judicial Organization

Original Language Title:  LEGE nr. 304 din 28 iunie 2004 privind organizarea judiciară

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LAW no. 304 of 28 June 2004 (republished ** **) (* updated *)

on judicial organization (updated until May 23, 2016 *)
Issued



PARLIAMENT **
----------
) Republished under art. XIV of Title XVI of Law. 247/2005 regarding the reform in property and justice, as well as additional measures, published in the Official Gazette of Romania, Part I, no. 653 of 22 July 2005, giving the texts a new numbering.
Law. 304/2004 was published in the Official Gazette of Romania, Part I, no. 576 of 29 June 2004 and was amended by the Government Emergency Ordinance no. 124/2004 published in the Official Gazette of Romania, Part I, no. 1168 of 9 December 2004, approved with amendments by Law no. 71/2005, published in the Official Gazette of Romania, Part I, no.
300 of 11 April 2005. The judicial system is established aiming at the protection of rights and fundamental freedoms of the person referred mainly in the following documents: International Charter of Human Rights, the Convention for the Protection of Human Rights and Fundamental Freedoms United Nations Convention on the rights of the child and the Charter of fundamental rights of the European Union and for ensuring compliance with the Constitution and laws of the country.
The judicial system has also the objective of ensuring compliance with the basic right to a fair trial and for trial by court impartially and independently of any extraneous influences.



General Provisions Title I

Chapter I


principles of judicial organization
Article 1


(1) The judicial power is exercised by the High Court of Cassation and Justice and other courts established by law.


(2) The Superior Council of Magistracy shall guarantee the independence of the judiciary.


(3) Public Ministry exercises its powers through prosecutors attached to courts under the law.


Article 2


(1) Justice shall be administered in the name of law, is unique, impartial and equal for all.


(2) Justice shall be administered by the following courts:


A) High Court of Cassation and Justice;


B) courts of appeal;


C) tribunals;


D) specialized courts;


E) military courts;


F) judges.


Article 3


Competence and judicial proceedings are judicial bodies established by law.

Article 4


(1) Within judicial activity Public Ministry represents the general interests of society and protects the rule of law and the rights and freedoms of citizens.


(2) The public prosecutor's offices attached to the courts, direct and supervise the criminal investigation activity of the police, under the law.


Article 5


MOJ provides better organization and administration of justice as a public service.

Chapter II


Access to justice
Article 6


(1) Any person may apply to the courts for protection of rights, freedoms and legitimate interests in the exercise of his right to a fair trial.


(2) Access to justice can not be restricted.


Article 7


(1) All persons are equal before the law, without any privilege or discrimination.


(2) Justice shall be administered equally for all without distinction as to race, nationality, ethnic origin, language, religion, sex, sexual orientation, opinion, political affiliation, social origin or status or any other criteria discriminatory.


Article 8


International judicial assistance is requested or granted under the conditions provided by law, the international treaties to which Romania is a party or, where appropriate, on a reciprocal basis.

Article 9


Superior Council of Magistrates as a court for resolving the appeals judges and prosecutors against judgments of the Superior Council of Magistracy departments, except in disciplinary matters.



Chapter III General provisions on judicial proceedings

Article 10


Everyone has the right to a fair trial and settlement of cases within a reasonable time by an independent and impartial court, established by law.

Article 11


Trial activity is carried out with respect for the principles and continuity random distribution of cases, unless the judge can not participate in the trial for objective reasons.


Article 12


Proceedings shall be public, except for cases stipulated by law. Judgments shall be in public session, except in cases provided by law.

Article 13


(1) Proceedings shall be recorded by video or audio technical means.


(2) During the hearing, the clerk takes notes on the process. Parties may require reading their notes and endorsement by the President.


(3) After completing the hearing, the trial participants receive, upon request, a copy of the notes to the Registrar.



-------------- Art. It amended by section 13. 1 of art. 72 Title II of Law no. 255 of 19 July 2013 published in the Official Gazette no. 515 of 14 August 2013.

Article 14


(1) Procedure shall be conducted in Romanian.


(2) Romanian citizens belonging to national minorities have the right to express themselves in their mother tongue, in front of the courts under this law.


(3) If one or more parties asks to speak in their mother tongue, the court must provide, free of charge, using an authorized interpreter or translator.


(4) If all parties request or agree to express themselves in their mother tongue, the court must ensure this right and proper administration of justice, respecting the principles of adversarial and public.


(5) Applications and procedural provisions are made only in Romanian.


(6) The discussions between the parties in the native language is recorded, being registered is in Romanian. The objections raised by those concerned about the translations and their record is resolved by the court until the conclusion of discussions in that case, is being recorded in the end of the meeting.


(7) An interpreter or translator will sign paperwork for compliance when they were drafted or record was based on his translation.


Article 15


The right to defense is guaranteed. Throughout the trial, the parties are entitled to be represented or, where appropriate, assisted by an elected or appointed office, according to the law.

Article 16


(1) Judicial decisions must be respected and carried out under the law.


(2) Judicial decisions may be revoked or modified only remedies provided by law and exercised according to law.



-------------- Art. It amended by section 16. 2 of art. 72 Title II of Law no. 255 of 19 July 2013 published in the Official Gazette no. 515 of 14 August 2013.

Article 17


(1) If the panel consists of two judges, if they do not reach an agreement on the decision following a ruling, the proceedings are again in a divergence in the law.


(2) a divergence constitute inclusion in the panel president or vice-president of the court, the judge or the division president of planning time.



-------------- Art. It amended by section 17. 3 of Art. 72 Title II of Law no. 255 of 19 July 2013 published in the Official Gazette no. 515 of 14 August 2013.

Title II


courts
Chapter
I
High Court of Cassation and Justice

Section 1

Organization of High Court of Cassation and Justice

Article 18


(1) In Romania there is only one supreme court, called High Court of Cassation and Justice, a legal entity based in the capital.


(2) The High Court of Cassation and Justice ensures uniform interpretation and application of the law by other courts under its jurisdiction.


(3) The President of the High Court of Cassation and Justice is the main credit quality.


(4) the necessary operating expenses are financed from the state budget.


Article 19


(1) The High Court of Cassation and Justice is composed of: President, 2 vice-presidents, four section presidents and judges.



----------- Alin. (1) art. It amended by section 19. 1 of art. 51 of Law no. 76 of 24 May 2012 published in the Official Gazette no. 365 of 30 May 2012.

(2) The High Court of Cassation and Justice is organized in 4 sections - Section I Civil Division II status, Criminal Division, Department of Administrative and Fiscal and United Sections, with its own competence.


---------

Alin. (2) art. It amended by section 19. 1 of art. 51 of Law no. 76 of 24 May 2012 published in the Official Gazette no.
365 of 30 May 2012. (2 ^ 1) The High Court of Cassation and Justice Panel works to resolve the appeal on points of law, complete absolution of law issues, as well as 4 full 5 judges.
----------
Alin. (2 ^ 1) of art. 19 was introduced by pt. 2 of art. 51 of Law no. 76 of 24 May 2012 published in the Official Gazette no.
365 of 30 May 2012. (3) *) At the beginning of each year, the College Board of the High Court of Cassation and Justice, the proposal of the President or the Vice thereof may approve the establishment of specialized departments within High Court Cassation and Justice, depending on the number and nature of the cases, the workload of each section, as well as the specialization of judges and the need to recover their professional experience.

-------- Alin. (3) art. 19 was introduced by pt. 2 of art. 215 of Law no. 71 of 3 June 2011, published in Official Gazette no. 409 of 10 June 2011.

(4) The designation of the composition of the panel of judges jurisdiction to hear the appeal on points of law and the jurisdiction to referral panels in a ruling prior to unraveling issues of law will be carried out according to the specialization of the Court of they belong.



----------- Alin. (4) art. 19 was introduced by pt. 3 of Art. 51 of Law no. 76 of 24 May 2012 published in the Official Gazette no. 365 of 30 May 2012.

Article 20


(1) The High Court of Cassation and Justice assistant magistrates works, established by the positions.


(2) The High Court of Cassation and Justice Chancery includes structure, departments, services and offices, staff determined by the positions.


Section 2
a
competence High Court of Cassation and Justice

Article 21


Civil Division I, Division II and Division of Civil Administrative and Fiscal of High Court of Cassation and Justice hears appeals against judgments of courts of appeal and other decisions in the cases provided by law and appeals filed against final decisions or judicial acts of any nature that can not be challenged by any other route, and during the trial was stopped before the appellate courts.

----------- Art. It amended by section 21. 4 of art. 51 of Law no. 76 of 24 May 2012 published in the Official Gazette no. 365 of 30 May 2012.

Article 22


Criminal Division of the High Court of Cassation and Justice Judge

A) in the first instance, processes and data requests by law to first instance High Court of Cassation and Justice;


B) appeals against decisions rendered in first instance criminal courts of appeal and the Military Court of Appeal;


C) appeals against decisions rendered in first instance criminal courts of appeal, the Military Court of Appeal and the Criminal Division of the High Court of Cassation and Justice;


D) appeals against non-definitive decisions or judicial acts of any nature that can not be challenged by any other route, and during the trial was stopped before the courts of appeal;


E) in cassation appeals against final decisions, as provided by law;


F) complaints in a ruling prior to unraveling a question of law.



-------------- Art. It amended by section 22. 4 of art. 72 Title II of Law no. 255 of 19 July 2013 published in the Official Gazette no. 515 of 14 August 2013.

Article 23


(1) Sections High Court of Cassation and Justice in relation to each jurisdiction, resolves:


A) applications to transfer for the reasons set out in the codes of procedure;


B) conflicts of jurisdiction in cases provided by law;


C) any other application provided by law.


(2) Repealed.



-------------- Alin. (2) art. Section 23 was repealed. 5 of art. 72 Title II of Law no. 255 of 19 July 2013 published in the Official Gazette no. 515 of 14 August 2013.

Article 24


Panels of 5 judges hear appeals delivered at first instance by the criminal section of the High Court of Cassation and Justice, resolves appeals against rulings handed down during the proceedings at first instance by the criminal section of the High Court of Cassation and Justice, resolves cases the disciplinary law and other causes within their jurisdiction by law.


-------------- Art. It amended by section 24. 1 of art. LAW no unique. 58 of 11 April 2016 published in the Official Gazette no. 285 of 14 April 2016 which amends section. 1 of art. I of the Emergency Ordinance no. 3 of 5 February 2014 published in the Official Gazette no. 98 of 7 February 2014.

Article 24 ^ 1


Repealed.

-------------- Art. 24 ^ 1 was repealed by section. 7 of art. 72 Title II of Law no. 255 of 19 July 2013 published in the Official Gazette no. 515 of 14 August 2013.

Article 25


High Court of Cassation and Justice to constitute banc:

A) repealed;



------------ Lit. a) art. Section 25 was repealed. 4 of art. III of Law no. 202 of 25 October 2010, published in the Official Gazette no. 714 of 26 October 2010.

B) resolution, under this law, complaints regarding the change of jurisprudence High Court of Cassation and Justice;


C) notifying the Constitutional Court to review the constitutionality of laws before promulgation.


Article 26


If a section of the High Court of Cassation and Justice deems it necessary to reconsider its own jurisprudence, interrupted proceedings and refer the matter to the United Sections of the High Court of Cassation and Justice, the judge summoned parties in the file whose trial was interrupted . After the United Sections have ruled on the notification regarding the change of jurisprudence, the trial continues.

Article 27


(1) At the end of each year, High Court of Cassation and Justice, en banc, determine where it is necessary to improve legislation and communicate them to the Minister of Justice.


(2) The President of High Court of Cassation and Justice may approve judges at the court to be informed on issues and the correct application of the law, making known of the High Court of Cassation and Justice, and to establish situations that justify proposals to improve the legislation.


Section 3
a
Leadership High Court of Cassation and Justice

Article 28


(1) The High Court of Cassation and Justice is exercised by the president, vice president and managing college.


(2) The President is the High Court of Cassation and Justice in domestic and international relations.


(3) The President, Vice President and nine judges, elected for a period of 3 years general assembly of judges with representation from each section, constitute the College Board of the High Court of Cassation and Justice. When discussing economic and financial issues and administrative, to attend board meetings economic manager of the High Court of Cassation and Justice, which has a consultative vote. At board meetings can participate and division presidents.


Article 29


(1) College Board of High Court of Cassation and Justice shall:


A) approves the Regulation on organization and administrative functioning and the functions and staff of the High Court of Cassation and Justice;


B) proposes Superior Council of Magistracy the judges who will be part of the competition commissions for promotion to the position of judge at the High Court of Cassation and Justice;



--------- Lit. b) to par. (1) art. Article 29 has been amended. II of Law no. 300 of 23 December 2011, published in Official Gazette no. 925 of 27 December 2011.

C) proposes Superior Council of Magistracy the appointment, promotion, transfer, suspension and termination of office assistant magistrates;


D) organizes and oversees the petitions under the law;


E) propose the draft budget of the High Court of Cassation and Justice;


F) exercise other powers stipulated in the Regulation on administrative organization and functioning of the High Court of Cassation and Justice.


(2) College Board of High Court of Cassation and Justice is chaired by the President, in his absence, by the vice president.


(3) College Board of High Court of Cassation and Justice meets quarterly or whenever necessary, convened by the President of High Court of Cassation and Justice or at the request of at least three of its members.


(4) The decisions of the Governing Board of High Court of Cassation and Justice shall be passed by a majority vote.


Article 30


General assembly of judges of the High Court of Cassation and Justice meets to:

A) approval of the annual report, which publish;



B) approve the budget of High Court of Cassation and Justice, with the approval of the Ministry of Public Finance;


C) election of two members to the Superior Council of Magistracy, under the law.


Article 30 ^ 1


(1) Every six months or whenever needed, President High Court of Cassation and Justice or one of the judges specially appointed by him check on the implementation of the National Center for interception of communications provided by art. 8 paragraph. 2 of Law no. 14/1992


On the organization and functioning of the Romanian Intelligence Service, as amended and supplemented, the technical supervision made by the prosecution.

(2) Checking in para. (1) is subject to conditions laid down by the regulation on administrative organization and functioning of the High Court of Cassation and Justice.


----------
Art. 30 ^ 1 was introduced pt. 1 of art. II of the Emergency Ordinance no. 6 of 11 March 2016 published in the Official Gazette no. 190 of 14 March 2016.

Section 4
a
panels of judges

Article 31


(1) In criminal matters, the panel of judges is composed as follows:


A) in cases that, by law, the jurisdiction of first instance of the High Court of Cassation and Justice, the panel consists of three judges;


B) for appeals against decisions of judges and justices of the rights and freedoms preliminary chamber of the courts of appeal and the Military Court of Appeals, the panel consists of a judge;


C) appeals from judgments in first instance courts of appeal and the Military Court of Appeal, the panel consists of three judges;


D) for appeals against decisions of judges and justices of the rights and freedoms preliminary chamber from High Court of Cassation and Justice, the panel consists of two judges.


E) for appeals against rulings handed down during the proceedings at first instance by the courts of appeal and the Military Court of Appeals, the panel consists of three judges.



-------------- Lit. e) of para. (1) art. 31 was introduced by pt. 2 of art. I of the Emergency Ordinance no. 3 of 5 February 2014 published in the Official Gazette no. 98 of 7 February 2014.

F) appeals provided for in art. 250 ^ 1 par. (1) of the Criminal Procedure Code against rulings handed down during the appeal hearings of courts of appeal and the Military Court of Appeals, the panel consists of three judges.



-------------- Lit. f) of paragraph. (1) art. 31 was introduced by art. III of Government Emergency Ordinance no. 18 of 18 May 2016 published in the Official Gazette no. 389 of 23 May 2016.

(2) In other materials, panels of judges consist of three judges of the same sections.


(3) If the number of judges needed to form the panel of judges can not be assured, it is with judges from other divisions, appointed by the president or vice High Court of Cassation and Justice, by drawing lots.



-------------- Art. It amended by section 31. 8 of art. 72 Title II of Law no. 255 of 19 July 2013 published in the Official Gazette no. 515 of 14 August 2013.

Article 31 ^ 1


Court room procedure preliminary runs a judge of the panel provided for in art. 31 para. (1) a).

-------------- Art. 31 ^ 1 was introduced pt. 3 of Art. I of the Emergency Ordinance no. 3 of 5 February 2014 published in the Official Gazette no. 98 of 7 February 2014.

Article 32


(1) At the beginning of each year shall be determined criminal comprehensive five judges composed solely of judges of the Criminal Section of the High Court of Cassation and Justice.



-------------- Alin. (1) art. It amended by section 32. 9 of art. 72 Title II of Law no. 255 of 19 July 2013 published in the Official Gazette no. 515 of 14 August 2013.

(2) other than the criminal matter be determined at the beginning of year two full five judges.


(3) The composition of the panel referred to in para. (2) falls usually specialized judges, depending on the nature of the case.



(4) College Board of High Court of Cassation and Justice approves the number and composition of the panel of 5 judges, the proposal of the President of the Criminal Section. Judges who are part of these panels are designated by lot in public meeting, the Chairman or, in his absence, the deputy High Court of Cassation and Justice. Changing the members of the panels is exceptionally on the basis of objective criteria determined by the Regulation on administrative organization and functioning of the High Court of Cassation and Justice.



-------------- Alin. (4) art. It amended by section 32. 9 of art. 72 Title II of Law no. 255 of 19 July 2013 published in the Official Gazette no. 515 of 14 August 2013.

(5) The panel of five judges is chaired by the President or Vice President High Court of Cassation and Justice, when it is part of the full par. (4) of the Criminal Section president or the oldest, if applicable.



-------------- Alin. (5) art. It amended by section 32. 9 of art. 72 Title II of Law no. 255 of 19 July 2013 published in the Official Gazette no. 515 of 14 August 2013.

(6) Cases falling within the jurisdiction of the panels in para. (1) and (2) will be assigned randomly by a computerized system.



------------ Art. It amended by section 32. 5 of art. III of Law no. 202 of 25 October 2010, published in the Official Gazette no. 714 of 26 October 2010.

Article 33


(1) The President of High Court of Cassation and Justice or, failing that, one of the vice chairs the United Sections, the Panel to resolve the appeal on points of law and complete a dispensation of law issues, and any panel of 5 judges complete within departments, he participates in the proceedings.



----------- Alin. (1) art. It amended by section 33. 5 of art. 51 of Law no. 76 of 24 May 2012 published in the Official Gazette no. 365 of 30 May 2012.

(2) Repealed.



------------ Alin. (2) art. Section 33 was repealed. 7 of art. III of Law no. 202 of 25 October 2010, published in the Official Gazette no. 714 of 26 October 2010.

(3) The presidents of departments may preside over any full bench of the department and the other presiding judges by rotation.


Article 34


When the High Court of Cassation and Justice judge en banc, the court must attend at least two thirds of the judges in office. The decision can only be taken by majority vote of those present.

Chapter II

courts of appeal, courts, specialized tribunals and courts

Section 1

Organization appellate courts, tribunals, specialized tribunals and courts

Article 35


(1) The courts of appeal are courts with legal personality, which operates several district courts and specialized courts, according to Annex no. 1 which is an integral part of this Law.


(2) courts of appeal operate sections or, where applicable, panels for civil cases, regardless of their object or quality of the parties, criminal, juvenile and family cases, cases of administrative and fiscal, cases regarding labor disputes and social insurance, companies, trade register, insolvency or unfair competition for other materials as well, depending on the nature and number of cases, specialized for maritime and river causes.



--------- Alin. (2) art. It amended by section 35. 6 of art. 51 of Law no. 76 of 24 May 2012 published in the Official Gazette no. 365 of 30 May 2012.

Article 36


(1) The tribunals are courts with legal personality, organized in every county and in Bucharest, and, usually, headquartered in the county capital.


(2) The jurisdiction of each court report all courts in the county or, where appropriate, in Bucharest.


(3) Within tribunals sections or, where applicable, panels for civil cases, regardless of their object or quality of the parties, criminal, juvenile and family cases, administrative cases and tax cases on labor disputes and social insurance, companies, trade register, insolvency or unfair competition for other materials as well, depending on the nature and number of cases, specialized for maritime and river causes.


----------
Alin. (3) art. It amended by section 36. 7 of art. 51 of Law no. 76 of 24 May 2012 published in the Official Gazette no. 365 of 30 May 2012.

Article 37



(1) In areas covered by art. 36 para. (3) may establish specialized courts.


(2) The specialized courts are courts without legal personality that can operate in the counties and in Bucharest and, usually, headquartered in the county capital.


(3) The specialized courts take jurisdiction of court cases in the areas in which it operates.



-------------- Alin. (3) art. It amended by section 37. 1 of art. LAW no unique. 296 of 14 November 2013 published in the Official Gazette no. 699 of 14 November 2013

(4) The cases are under trial operation starting date specialized courts, according to Art. 142 par. (1), will send them administratively ex officio for settlement. Specialized tribunal is competent in a case is referred for retrial.



-------------- Alin. (4) art. 37 was introduced by pt. 2 of art. LAW no unique. 296 of 14 November 2013 published in the Official Gazette no. 699 of 14 November 2013

Article 38


(1) Courts are courts unincorporated organized in counties and districts of Bucharest, according to Annexe. 1.


(2) Localities belonging to the districts courts in each county is determined by Government decision at the proposal of Minister of Justice, Superior Council of Magistracy opinion.


Article 39


(1) the nature and number of cases, the courts may be set up specialized sections or panels.


(2) the courts will organize sections or specialized juvenile and family.


Article 40


(1) panels and sections for minors and family, as well as specialized juvenile and family courts judge the crimes committed by minors and offenses committed against minors.


(2) When the same because several defendants, some minor and others major, and it is not possible severance, competence belongs to the specialized courts for minors and family.


(3) The provisions of the Code of Criminal Procedure shall apply accordingly.


Article 41


(1) Sections courts of appeal and courts of their jurisdiction is established, the proposal governing board of each court, by decision of the Superior Council of Magistracy. Panels specialized divisions of courts of appeal and courts of their jurisdiction is established by the court president, the proposal governing board of each court.


----------
Alin. (1) art. It amended by section 41. 8 of art. 51 of Law no. 76 of 24 May 2012 published in the Official Gazette no. 365 of 30 May 2012.

(2) component sections or panels shall be decided by the court's governing board in relation to the workload, taking into account the specialization of judges.


(3) In exceptional cases, where under a section can not be a full trial, the college's governing court may order the participation of judges from other sections.


Article 42


In relation to the volume of activity, nature and complexity of the cases to be decided, the courts of appeal, tribunals and courts may be set up secondary offices with permanent activity in other towns in the county or in Bucharest.

Article 42 ^ 1


The causes of sea and river, districts courts Constanta and Galati are:

A) Court Constanta: Constanta and Tulcea counties, territorial sea, the Danube to and including 64 marine miles;


B) Court Galati: other counties, the Danube from 64 nautical mile upstream up to 1,075 km.



----------- Art. 42 ^ 1 was introduced pt. 9 of art. 51 of Law no. 76 of 24 May 2012 published in the Official Gazette no. 365 of 30 May 2012.

Section 2


Leadership courts
Article 43


(1) Each court is headed by a president with managerial duties in order to efficiently organize the activity.


(2) The presidents of courts of appeal and tribunals exercise also responsible for coordination and control of court administration which works as well as the district court.


(3) The presidents of courts and tribunals and specialized exercise powers of judicial administration.


Article 44



(1) The presidents of courts of appeal have the status of a secondary loan, and presidents of courts have the quality of tertiary credit.


(2) military courts, military courts Directorate of the Ministry of Defence is a tertiary credit.



----------- Alin. (2) art. Section 44 was introduced. 11 of Art. I of Law no. 97 of 14 April 2008, published in Official Gazette no. 294 of 15 April 2008 which completes the art. II of the Emergency Ordinance no. 100 of 4 October 2007, published in the Official Gazette no. 684 of 8 October 2007 with a new point.

Article 45


(1) Depending on the workload and the complexity of the cases, the courts of appeal, courts and specialized courts, the President may be assisted by vice 1-2, and the judges, the President may be assisted by a deputy.


(2) The Court of Appeal in Bucharest and the Bucharest Tribunal, the President may be assisted by vice 1-3.


Article 46


(1) The presidents and vice presidents of courts shall ensure the proper organization and functioning of the courts over which they preside and, where appropriate, the courts in their constituencies, ensure and verify compliance with statutory obligations and regulations by judges and court staff Specialized.


(2) The verification of personal or vice presidents or by specially appointed judges must respect the principles of independence of judges and their submission only to the law and the authority of res judicata.


(3) The duties assigned by law or regulation in the jurisdiction of court presidents or vice-presidents may not be delegated leading colleges.



-------------- Alin. (3) art. 46 was introduced by pt. 1 of art. II of the Emergency Ordinance no. 50 of 28 June 2006, published in Official Gazette no. 566 of 30 June 2006.

Article 47


Court presidents appoint judges to fulfill the law, and powers other than those concerning judicial activity.

Article 48


Sections courts are led by a section president.

Article 49


(1) Within each court operates a leading college which decides on the general problems of the court and perform the tasks stipulated in art. 41.


(2) Colleges driving consist of an odd number of members and the following members:


A) the courts of appeal and tribunals Chairman and 6 judges elected for a period of 3 years general assembly of judges;


B) the specialized courts and judges: President and 2 or 4 judges, elected for a period of 3 years general assembly of judges.


(2 ^ 1) Where specialized courts and tribunals in the number of judges is less than 3, the Managing Board duties shall be exercised by the President.

-------------- Alin. (2 ^ 1) of art. 49 was introduced by pt. 2 of art. II of the Emergency Ordinance no. 50 of 28 June 2006, published in Official Gazette no. 566 of 30 June 2006.

(3) The decisions of the Managing Board shall be passed by a majority vote.


(4) On board meetings can participate and division presidents.


(5) In the appeal courts and tribunals, when the leading board discusses matters economic and financial or administrative, to attend its meetings and economic manager of the court in an advisory.


(6) Depending on the issues for discussion at board meetings of the appellate courts, tribunals and specialized courts may be invited judges from other courts, which do not have voting rights.


(7) The elected members of leading colleges may be dismissed by the general meeting if inappropriate exercise of the powers provided by law.


Article 50


(1) The courts shall be held annually or whenever necessary, the general assemblies of judges.


(2) The general meeting of judges shall be convened as follows:


A) general meeting of the Court of Appeal and the general assembly of judges of its constituency - the president of the court of appeal;


B) the general assembly of the tribunal and the general assembly of judges of its constituency - the chairman of the tribunal;


C) general meeting the specialized court - by its Chairman;


D) general assembly of judges - the court president.



(3) The general meeting of judges shall be convened at the request of one third of the judges who are part of it.


(4) The general meeting of judges may be convened and the Superior Council of Magistracy and the leading board of the court.


Article 51


General meeting of judges under Art. 50 para. (1) have the following duties:

A) discuss the annual activity held by the courts;


B) choose under the law, members of the Superior Council of Magistracy;


C) discuss legal issues;


D) analyzes draft laws at the request of the Minister of Justice or the Superior Council of Magistracy;


E) formulate views on request Superior Council of Magistracy;


F) select and dismiss members of leading colleges;


G) the procedure for dismissing members of the Superior Council of Magistracy, under the terms of Law no. 317/2004 *) on the Superior Council of Magistracy;


Note



──────────

*) Law no. 317/2004 is republished at pp. 22-32.

──────────

H) perform any other duties provided by law or regulations.


Section 3
a
panels of judges

Article 52


(1) Colleges managers define the composition of the panel of judges at the beginning of the year, aiming to ensure continuity of the panel. Changing the members of the panels is exceptionally basis of objective criteria established by the Internal Regulation of the courts.


(2) The panel of judges is chaired by rotation of one of its members.


Article 53


(1) The assignment of cases to panels of judges is made randomly by a computerized system.


(2) The cases assigned to a panel of judges can not be ignored completely other than as provided by law.


Article 54


(1) cases assigned by law to the competence of the court of first instance, the court and the court of appeal shall be heard by a panel of one judge, except in cases of labor disputes and social security.


(1 1) Appeals against judgments in criminal matters of judges and justices of the rights and freedoms of the pre-chamber courts and tribunals shall be settled by a panel of one judge.

-------------- Alin. (1 1) of art. 54 was introduced by pt. 10, art. 72 Title II of Law no. 255 of 19 July 2013 published in the Official Gazette no.
515 of 14 August 2013. (1 ^ 2) Appeals against judgments in criminal matters during the trial at first instance courts and tribunals shall be settled by a panel of one judge.

-------------- Alin. (1 ^ 2) of art. 54 was introduced by pt. 4 of art. I of the Emergency Ordinance no. 3 of 5 February 2014 published in the Official Gazette no. 98 of 7 February 2014.

(2) calls are judged by a panel of 2 judges and the appeals, a panel of three judges, unless otherwise required by law.


(3) Repealed.



-------------- Alin. (3) art. Section 54 was repealed. 11 of Art. 72 Title II of Law no. 255 of 19 July 2013 published in the Official Gazette no. 515 of 14 August 2013.

(4) Repealed.



-------------- Alin. (4) art. Section 54 was repealed. 11 of Art. 72 Title II of Law no. 255 of 19 July 2013 published in the Official Gazette no. 515 of 14 August 2013.

Article 55


(1) Panel to resolve in the first instance cases of labor disputes and social insurance consists of one judge and two judicial assistants. The provisions of art. 11 and art. 52 para. (1) shall apply accordingly.



------------ Alin. (1) art. It amended by section 55. 10 of art. 51 of Law no. 76 of 24 May 2012 published in the Official Gazette no. 365 of 30 May 2012.

(2) judicial assistants participate in the deliberations in an advisory and sign judgments. Their opinion shall be recorded in the decision and dissenting opinion shall be motivated.


(3) Repealed.



------------ Alin. (3) art. Section 55 was repealed. 9 of art. III of Law no. 202 of 25 October 2010, published in the Official Gazette no. 714 of 26 October 2010.

Chapter III


military courts
Article 56


(1) Military courts are


A) military tribunals;


B) Military Court of Appeal.


--------------

Alin. (1) art. It amended by section 56. 12 of art. 72 Title II of Law no. 255 of 19 July 2013 published in the Official Gazette no. 515 of 14 August 2013.

(2) Constituencies military courts are set out in Annex. 2, which is an integral part of this Law.


(3) The military courts were each military unit status, with own indicative.


Article 57


(1) Military courts adjudicate on its premises. For good reasons, the court may order that the trial be held elsewhere.


(2) Military courts can judge and in other states, Romanian soldiers, members of a multinational force, given that, according to international conventions, the territory of the receiving State may be exercised jurisdiction Romanian.


Article 58


(1) At the hearings, military judges and prosecutors are required to wear military uniform.


(2) When the defendant is active military, the presiding judge and the prosecutor participating in the trial must be part of at least the same category degrees.


(3) When the degree prosecutor not in the same category with the degree of the defendant, he will be assisted by another prosecutor grade appropriate category, appointed by the head prosecutor it registered for cause.



-------------- Alin. (3) art. Section 58 has been amended. 13, art. 72 Title II of Law no. 255 of 19 July 2013 published in the Official Gazette no. 515 of 14 August 2013.

Article 59


(1) In Bucharest, Cluj-Napoca, Iasi and Timisoara works military tribunals.


(2) processes and applications military tribunals judging their competence by law.


(3) Military Tribunal headed by a President assisted by a Vice President. The provisions of art. 49-51 is applied properly, the management boards are made up of the president and two judges.


Article 60


Repealed.

-------------- Art. Section 60 was repealed. 14, art. 72 Title II of Law no. 255 of 19 July 2013 published in the Official Gazette no. 515 of 14 August 2013.

Article 61


(1) Military Court of Appeal works in Bucharest, as a single court, with legal personality, which is headed by a President assisted by a Vice President. The provisions of art. 49-51 is applied properly, the leading board consisting of the president and two judges.


(2) Repealed.



----------- Alin. (2) art. Section 61 was repealed. 11 of Art. I of Law no. 97 of 14 April 2008, published in Official Gazette no. 294 of 15 April 2008 which completes the art. II of the Emergency Ordinance no. 100 of 4 October 2007, published in the Official Gazette no. 684 of 8 October 2007 with a new point.

Title III


DPP
Chapter
I
Powers of Public

Article 62


(1) The Public Ministry shall exercise his powers under the law and is headed by the General Prosecutor of the High Court of Cassation and Justice.


(2) Prosecutors operates according to the principles of legality, impartiality and hierarchical control, under the authority of the minister of justice under the law.


(3) Prosecutors exercise their functions in accordance with the law, respect and protect human dignity and defend rights.


(4) The public prosecutor shall be independent in its relations with the courts and other public authorities.


Article 63


DPP exercised by prosecutors following tasks:

A) investigate and prosecute cases and conditions provided by law and attend law to resolve conflicts through alternative means;


B) direct and supervise the criminal investigation activity of the police, manage and control the activity of other organs of criminal investigation;


C) notifies the courts for trial of criminal cases according to the law;


D) pursue civil action in the cases provided by law;


E) participate, under the law, the hearings;


F) exercise appeals against judgments, as provided by law;


G) protect the rights and interests of minors, people under interdiction, of missing persons and other persons under the law;


H) act to prevent and combat crime, under the coordination of Minister of Justice, to achieve uniform penal policy of the state;



I) study the causes that generate or facilitate crimes, prepare and submit proposals for eliminating the Minister of Justice, as well as to improve legislation;


J) verify compliance with the law on preventive detention;


K) exercise any other functions provided by law.


Article 64


(1) The provisions Counsel, given in writing and in accordance with law, shall be binding upon subordinate prosecutors.


(2) disposed solutions, the prosecutor is independent, as provided by law. Prosecutors may object to the Superior Council of Magistracy, the procedure for checking the conduct of judges and prosecutors, the intervention Counsel, in any form, a criminal investigation or adopting the solution.


(3) The solutions adopted by the prosecutor can be refuted motivated by the superior prosecutor, when deemed unlawful.



---------------- Alin. (3) art. Article 64 has been amended. V the Emergency Ordinance no. 60 of 6 September 2006, published in Official Gazette no. 764 of 7 September 2006.

(4) work assigned to a prosecutor can be passed to another prosecutor in the following situations:


A) suspension or termination of the prosecutor, according to the law;


B) in his absence, if there are objective reasons that justify the urgency and prevent his recall;


C) allowing the case to inactivity unduly more than 30 days.



------------ Alin. (4) art. It amended by section 64. 3 of Art. II of the Emergency Ordinance no. 50 of 28 June 2006, published in Official Gazette no. 566 of 30 June 2006.

(5) The prosecutor may appeal to the Superior Council of Magistracy, the procedure for checking the conduct of judges and prosecutors, the willing, par. (4) the superior prosecutor.



---------------- Alin. (5) art. Article 64 has been amended. V the Emergency Ordinance no. 60 of 6 September 2006, published in Official Gazette no. 764 of 7 September 2006.

Article 65


(1) Prosecutors in each parquet flooring subordinates driver respectively.


(2) The head of a parquet flooring is subordinate to the superior driver from the same constituency.


(3) Control by the general prosecutor attached to the High Court of Cassation and Justice, the chief prosecutor of the National Anticorruption Directorate or the general prosecutor of the court of appeal over the subordinated prosecutors can achieve directly or through prosecutors appointed.


Article 66


(1) DPP is entitled to hold and use adequate means for obtaining, verification, processing, storage and discovery of information on crimes within the competence of prosecution under the law.


(2) The police judicial criminal investigation operates in directly under the leadership and supervision of the prosecutor is obliged to carry out its provisions.


(3) services and specialized bodies in the collection, processing and archiving of information required to make, without delay, to the competent prosecutor's office, at headquarters, all data and information, unprocessed held in connection with the crimes.


(4) Failure to comply with the obligations under paragraph. (2) and (3) attract liability under the law.


----------
Art. It amended by section 66. 2 of art. II of the Emergency Ordinance no. 6 of 11 March 2016 published in the Official Gazette no. 190 of 14 March 2016.

Article 66 ^ 1


(1) In order to work under art. 142 par. (1) of the Criminal Procedure Code, the Public Ministry may operate through detachment, officers or agents of the judicial police, under the direct management and control of the prosecutors, within the posts approved under the law.


(2) Posting judicial police officers and agents shall be ordered at the request of the General Prosecutor Office attached to High Court of Cassation and Justice, the Minister of Internal Affairs for a period not exceeding 3 years, with possibility of extension 3 in 3 years, with their consent.


(3) the appointments of judicial police officers and agents under par. (1) is done by order of the General Prosecutor's Office attached to the High Court of Cassation and Justice.



(4) Termination of posting officers and agents of the judicial police may be ordered before the period provided in par. (2) by reasoned order of the general prosecutor attached to the High Court of Cassation and Justice.


(5) During the deployment of judicial police officers and agents can not receive any commission to the hierarchically superior authorities.


(6) The provisions are mandatory for prosecutors and police officers officers. The documents drawn up by them in the written instruction of the prosecutor are carried out in its name.


(7) The judicial police officers and agents under par. (1) the rights and obligations provided by law for police officers and police officers, except as provided in this Act, and shall, accordingly, the rights under art. 11:23 Government Emergency Ordinance no. 27/2006


On wages and other rights of judges, prosecutors and other personnel in the justice system, approved with amendments by Law no. 45/2007, as amended and supplemented.

(8) The judicial police officers and agents posted under par. (1) retain their salaries taken from the date of posting.


(9) Powers provided by law for the Interior Minister on the rights and responsibilities of officers and judicial police officers seconded shall be exercised by the General Prosecutor of the High Court of Cassation and Justice. Duties on granting professional ranks for officers and judicial police officers seconded shall be exercised by the Minister of Interior, the general prosecutor's proposal attached to High Court of Cassation and Justice.


(10) Article. 6 of Law no. 364/2004 on the organization and functioning of the judicial police, republished, as amended, shall apply accordingly in relation to the activity of judicial police officers and agents.


(11) The judicial police officers and agents assigned to the Directorate for Investigating Organized Crime and Terrorism and National Anticorruption Directorate applicable provisions of special laws applicable to them.


----------
Art. 66 ^ 1 was introduced pt. 3 of Art. II of the Emergency Ordinance no. 6 of 11 March 2016 published in the Official Gazette no. 190 of 14 March 2016.

Article 67


(1) The Prosecutor participate in hearings under the law, and has active role in finding the truth.


(2) The prosecutor is free to appear in court deems reasonable conclusions, according to the law, taking account of the evidence in the case. Prosecutors may object to the intervention of the Superior Council of Magistracy Counsel, to influence in any form conclusions.


(3) In criminal proceedings, the hearing participating prosecutor who performed or supervised the prosecution or another prosecutor appointed by the head prosecutor.



-------------- Alin. (3) art. Section 67 has been amended. 15, art. 72 Title II of Law no. 255 of 19 July 2013 published in the Official Gazette no. 515 of 14 August 2013.

Article 68


Prosecutor exercise, under the law, appeals against judgments they consider unreasonable and unlawful.

Article 69


(1) The Minister of Justice, when deemed necessary, on its own initiative or at the request of the Superior Council of Magistracy, exercise control over prosecutors by prosecutors appointed by the Attorney General's Office attached to the High Court of Cassation and Justice or, case, the chief prosecutor of the National Anti-times minister.


(2) The control consists in verifying the effectiveness of management, the way in which prosecutors fulfill their professional duties and the work relations are conducted with individuals and others involved in the work of the competent prosecutor. Control can not target measures ordered by the prosecutor during the criminal investigation and solutions.


(3) The Minister of Justice can ask the General Prosecutor's Office attached to the High Court of Cassation and Justice or, where appropriate, the chief prosecutor of the National Anticorruption prosecutor briefings on the work and give written guidelines on measures be taken to prevent and combat crime effectively.




Chapter II Organisation of the Ministry of Public

Section 1

Prosecutor's Office High Court of Cassation and Justice

Article 70



(1) Prosecutor's Office High Court of Cassation and Justice coordinates the subordinate prosecutor fulfills the duties prescribed by law and have legal personality and manages the budget of the Public Ministry.


(2) Prosecutor's Office High Court of Cassation and Justice is headed by the General Prosecutor of the High Court of Cassation and Justice, assisted by a deputy and a deputy prime.


(3) The work of the General Prosecutor's Office attached to the High Court of Cassation and Justice is assisted by three advisers.


(4) The Attorney General's Office attached to the High Court of Cassation and Justice is the principal loan.


Article 71


General Prosecutor's Office attached to the High Court of Cassation and Justice represent the DPP in dealing with other public authorities and any legal or natural persons from the country or from abroad.

Article 72


General Prosecutor's Office attached to the High Court of Cassation and Justice exercised directly or through prosecutors appointed control over all prosecution.

Article 73


(1) The Attorney General's Office attached to the High Court of Cassation and Justice participate in the meetings High Court of Cassation and Justice en banc, and any complete its discretion.


(2) In case of impossibility to participate, the Attorney General or Deputy Prime delegate his deputy or another prosecutor to attend in his place at meetings of High Court of Cassation and Justice in para. (1).


Article 74


General Prosecutor's Office attached to the High Court of Cassation and Justice shall, of the parquet prosecutors, the prosecutors who attend meetings of the Constitutional Court in cases provided by law.

Article 75


(1) Prosecutor's Office High Court of Cassation and Justice is structured sections led by chief prosecutors, who may be assisted by deputies. Within departments and offices can operate services led by chief prosecutors.


(2) the Office attached to High Court of Cassation and Justice operates Directorate for Investigating Organized Crime and Terrorism, structure specializing in combating organized crime and terrorism.


(3) Directorate for Investigating Organized Crime and Terrorism falls to prosecutors appointed by order of the General Prosecutor's Office attached to the High Court of Cassation and Justice, the Superior Council of Magistracy opinion within the limit set out in stations the positions, approved by law.


(4) In order to be appointed to the Directorate for Investigating Organized Crime and Terrorism prosecutors must have a good professional, a flawless moral conduct, a length of at least 6 years as a prosecutor or judge and They have been admitted in the interview organized by the committee established for that purpose.


(5) The interview can attend any prosecutor who fulfills the requirements of paragraph. (4).


(6) The interview consists in verifying professional training, the ability to make decisions and take responsibility, stress resistance and other qualities.


(7) In assessing candidates will be considered and the work by prosecutors, knowing a foreign language and knowledge of computer operation.


(8) Commission under par. (4) is called by order of the General Prosecutor's Office attached to the High Court of Cassation and Justice, and consists of three prosecutors of the Directorate for Investigating Organized Crime and Terrorism. The commission may belong psychologists, human resources and other areas.


(9) The General Prosecutor's Office attached to the High Court of Cassation and Justice assesses annually the results of the direction for the Investigation of Organized Crime and Terrorism.


(10) Prosecutors appointed to the Directorate for Investigating Organized Crime and Terrorism may be dismissed by order of the General Prosecutor's Office attached to the High Court of Cassation and Justice, the Superior Council of Magistracy opinion, if a inadequate tool specific tasks or in the case of a disciplinary sanction.



(11) At the end of the activity in the Directorate for Investigating Organized Crime and Terrorism prosecutor returns to the floor where it comes from or where other flooring has the right to work law.


(11 ^ 1) Upon returning to the floor where they come from or other flooring where the right to work law, prosecutors who worked in the Directorate for Investigating Organized Crime and Terrorism regain professional degree execution and its corresponding remuneration or those held previously gained promotion under the law, during work in this direction.

------------ Alin. (11 ^ 1) of art. 75 was introduced by pt. 1 of Article unique Emergency Ordinance no. 56 of 27 May 2009 published in the Official Gazette no. 381 of 4 June 2009.

(12) The duties, competence, structure, organization and operation of the Directorate for Investigating Organized Crime and Terrorism are determined by special law.


(13) Article. 48 para. (10) and (11) of Law no. 303/2004 on the statute of judges and prosecutors, republished *) shall apply accordingly.


Note



──────────

*) Law no. 303/2004 was republished in the Official Gazette of Romania, Part I, no. 826 of 13 September 2005.

──────────

Article 76


In exercising its responsibilities, the General Prosecutor's Office attached to the High Court of Cassation and Justice issues internal orders.

Article 77


(1) the Office attached to High Court of Cassation and Justice operates the leading board, which decides on general issues of management of the Public Ministry.


(2) College Board's Office attached to High Court of Cassation and Justice is composed of the General Prosecutor of the High Court of Cassation and Justice, First Deputy, and 5 prosecutors elected in the general assembly of prosecutors .


(3) The provisions of art. 49 para. (3) - (7) shall apply accordingly.


Article 78


(1) General Assembly Prosecutors Office attached to High Court of Cassation and Justice shall be convened by the General Prosecutor's Office attached to the High Court of Cassation and Justice, annually or whenever necessary.


(2) The provisions of art. 51 shall apply accordingly.


Article 79


Prosecutor's Office High Court of Cassation and Justice issues an annual report on their activity, they present Superior Council of Magistracy and the Minister of Justice no later than February next year. Minister of Justice shall submit to the Parliament conclusions on the activity report of the Office attached to High Court of Cassation and Justice.

Section 2


National Anticorruption Directorate
Article 80


(1) The National Anticorruption Directorate is specialized in the fight against corruption, by law, their duties throughout Romania and is attached to High Court of Cassation and Justice.


(2) The National Anticorruption Directorate is organized as an autonomous structure within the Public Ministry and is coordinated by the Attorney General's Office attached to High Court of Cassation and Justice.


(3) The National Anticorruption Directorate has legal personality and its headquarters in Bucharest.


Article 81


(1) The National Anticorruption Directorate operates according to the principle of legality, impartiality and hierarchical control.


(2) National Anticorruption Directorate is independent of the courts and prosecutor's offices attached to them, as well as relations with other public authorities only by exercising its powers under the law and its enforcement.


Article 82


(1) The National Anticorruption Directorate is headed by a chief prosecutor assimilated vice-Prosecutor General's Office attached to the High Court of Cassation and Justice, assisted by two deputies, deputy general prosecutor assimilated near the High the Court of Cassation and Justice.


(2) The work of the chief prosecutor of the National Anticorruption Directorate is assisted by two counselors, advisers assimilated general prosecutor attached to the High Court of Cassation and Justice.


(3) The chief prosecutor of the National Anticorruption Directorate is the principal loan.



(4) current and capital expenditures of the National Anticorruption Directorate shall be provided from the state budget.


Article 83


(1) The National Anticorruption Directorate operates the leading board, which decides on general issues driving this flooring.


(2) College Board of the National Anticorruption Directorate is composed of the chief prosecutor, one of his deputies and 5 prosecutors elected in the general assembly of prosecutors.


(3) The provisions of art. 49 para. (3) - (7) shall apply accordingly.


Article 84


(1) The general assembly of the National Anticorruption prosecutors shall be convened by the chief prosecutor of this flooring annually or whenever necessary.


(2) The provisions of art. 51 shall apply accordingly.


Article 85


In exercising its responsibilities, the chief prosecutor of the National Anti issue internal orders.

Article 86


(1) The National Anticorruption Directorate may establish regional services, services, offices and other compartments of activity, by order of the Chief Prosecutor of the parquet.


(2) territorial services and their district headquarters shall be determined by the chief prosecutor of the National Anti-usually in areas where their registered prosecutors' offices and courts of appeal in relation to their constituencies.


Article 87


(1) The National Anticorruption Directorate falls to prosecutors appointed by order of the chief prosecutor of the National Anticorruption Directorate, endorsed Superior Council of Magistracy, within the positions provided in the positions, approved by law.


(2) To be appointed to the National Anticorruption Prosecutors must have a good professional, a flawless moral conduct, a length of at least 6 years as a prosecutor or judge and have been admitted in an interview organized by the committee established for that purpose.


(3) The interview can attend any prosecutor who fulfills the requirements of paragraph. (2).


(4) The interview consists in verifying professional training, the ability to make decisions and take responsibility, stress resistance and other qualities.


(5) In evaluating the candidates will be considered and the work by prosecutors, knowing a foreign language and knowledge of computer operation.


(6) Commission under par. (2) is called by order of the Chief Prosecutor of the National Anticorruption Directorate and consists of three prosecutors from the National Anticorruption Directorate. The commission may belong psychologists, human resources and other areas.


(7) The chief prosecutor of the National Anti assesses annually the results obtained by prosecutors National Anticorruption Directorate.


(8) Prosecutors appointed to the National Anticorruption Directorate can be revoked by order of the Chief Prosecutor of the National Anticorruption Directorate, the Superior Council of Magistracy opinion, if a specific function or functions improperly in the case of a disciplinary sanction.


(9) At the end of the activity within the National Anticorruption Prosecutor prosecutor returns to where it came from or where other flooring has the right to work law.


(9 ^ 1) Upon returning to the floor where they come from or where other flooring are entitled to operate under the law, prosecutors who worked in the National Anticorruption Directorate regain grade of execution and its corresponding remuneration taken previously or those acquired as a result of promotion, according to the law, during work in the Directorate.

------------ Alin. (9 ^ 1) of art. 87 was introduced by pt. 2 of Article unique Emergency Ordinance no. 56 of 27 May 2009 published in the Official Gazette no. 381 of 4 June 2009.

(10) The duties, competence, structure, organization and functioning of the National Anticorruption Directorate are determined by special law.


(11) Article. 48 para. (10) and (11) of Law no. 303/2004, republished, shall apply accordingly.


Article 88


National Anticorruption Directorate shall annually report on their activity, they present Superior Council of Magistracy and the Minister of Justice no later than February next year. Minister of Justice shall submit to the Parliament conclusions on the activity report of the National Anticorruption Directorate.


Section 3 of

Prosecutor from the courts of appeal, courts, juvenile and family tribunals and judges

Article 89


(1) In addition each court of appeal, court, juvenile court and family court work and a floor.


(2) Prosecutor's offices are located in areas where courts have their headquarters in addition to operating and they have the same constituency.


(3) The public prosecutor attached to the appeal courts and prosecutors' offices tribunals have legal personality. Prosecutors 'offices juvenile courts and family courts and prosecutors' offices do not have legal personality.


Article 90


(1) The public prosecutor attached to the appeal courts and tribunals in the structure sections, within which can operate services and offices. Prosecutors' offices in the structure of the courts of appeal and a department for juvenile and family.


(2) Repealed.



-------------- Alin. (2) art. Section 90 was repealed. 16, art. 72 Title II of Law no. 255 of 19 July 2013 published in the Official Gazette no. 515 of 14 August 2013.

(3) Offices, services or other specialized departments of the prosecution are established by the General Prosecutor's Office attached to the High Court of Cassation and Justice, with the approval of the Minister of Justice.


Article 91


In localities where secondary offices operate tribunals and courts are set up secondary offices of the prosecutor's offices, with permanent activity for the same constituency with secondary offices of the courts to which work.

Article 92


(1) prosecutor from the courts of appeal are led by general prosecutors.


(2) The public prosecutor of the tribunals, juvenile and family courts and judges are headed by Prime prosecutors.


(3) Prosecutors General of the prosecutor's offices and courts of appeal prosecutors Prime prosecutors offices and courts to coordinate and exercise management control prosecutor's office where work and prosecutor's offices in the constituency.


(4) Prime prosecutors prosecutors offices juvenile courts and prosecutors Prime prosecutors' offices and judges exercise responsible for management of the prosecutor's office.


(5) The provisions of art. 46 para. (3) shall apply accordingly.



---------------- Alin. (5) art. Section 92 was introduced. 5 of art. II of the Emergency Ordinance no. 50 of 28 June 2006, published in Official Gazette no. 566 of 30 June 2006.

Article 93

Prosecutors
prosecutor general of the courts of appeal have the quality of secondary spending and Prime prosecutors prosecutor's offices attached to tribunals quality of tertiary spending.

Article 94


(1) Depending on the workload, the prosecutor's offices and courts of appeal courts, the Attorney General or, where appropriate, can be helped first 1-2 prosecutor deputies and prosecutors' offices attached to courts juvenile and family judges, senior prosecutor may be assisted by a deputy.


(2) The Prosecutor's Office and the Court of Appeal Bucharest Tribunal Prosecutor's Office, the Attorney General or, where appropriate, senior prosecutor can be assisted by deputy 1-3.


Article 95


(1) The departments, services and offices of prosecutors' offices are headed by chief prosecutors courts.


(2) The head of each prosecutor prosecutors assigned to departments, services and offices, depending on their training, specialization and their skills.


(3) The head of each prosecutor assign cases to prosecutors, given their specialization.


Article 96


(1) prosecutorial work leading colleges, endorsing the general problems of the prosecution.


(2) Colleges leadership of the prosecutor's offices attached to courts of appeal, courts, juvenile and family tribunals and judges to prosecutors holding component level specified in Art. 49 para. (2) for the management boards of the courts.


(3) The provisions of art. 49 para. (2) - (7) shall apply accordingly.


Article 97


Provisions of art. 50 and 51 shall apply accordingly for the organization and conduct of general meetings of prosecutors.

Section 4
a

Organization military prosecutor
Article 98


(1) In addition each operating a military court Military Prosecutor. Besides the Military Court of Appeal Bucharest Military Prosecutor's Office works in addition to the Military Court of Appeal, and the military tribunals operate military prosecutor attached to military tribunals.




-------------- Alin. (1) art. Section 98 has been amended. 17, art. 72 Title II of Law no. 255 of 19 July 2013 published in the Official Gazette no. 515 of 14 August 2013.

(2) military prosecutor districts are set out in Annex. 2, which is an integral part of this Law.


(3) in para military prosecutor. (1) each have the status of a military unit, with own indicative.


Article 99


(1) are led by a military prosecutor Prime aided by a military prosecutor first deputy military prosecutor.


(2) Military Prosecutor of the Court of Appeal headed by a military general prosecutor, assisted by a deputy military prosecutor general.


Article 100


(1) military prosecutor exercised by military prosecutors tasks listed in Art. 63, applied properly.


(2) military prosecutor investigate and prosecute cases concerning offenses committed by Romanian troops deployed in other states in the multinational forces, given that, according to international conventions, the territory of the receiving State may be exercised jurisdiction Romanian. Military prosecutors participate in the hearings taking place according to art. 57.


(3) military prosecutor have special research bodies and placed in their service to the duties provided for in art. 63 lit. b).


(4) The provisions of art. 96 and 97 shall apply accordingly.


Article 101


(1) When the defendant is active duty military prosecutor conducting the criminal investigation must be part of at least the same category degrees.


(2) When the degree prosecutor not in the same category with the degree of the defendant, he will be assisted by another prosecutor grade appropriate category, appointed by the head prosecutor it registered for cause.



-------------- Alin. (2) art. Section 101 has been amended. 18, art. 72 Title II of Law no. 255 of 19 July 2013 published in the Official Gazette no. 515 of 14 August 2013.

Article 102


(1) the Office attached to High Court of Cassation and Justice and the National Anticorruption Directorate works departments or services to combat offenses committed by soldiers who were each military unit status, with own indicative.


(2) To prevent and fight crime, and to establish the causes that generate or facilitate crime among the military and civilian employees of the militarized structures, Military Prosecutor referred to in paragraphs and sections. (1) organizing and carrying out, according to the competence, joint activities of military prosecutors organs of the Ministry of National Defense, Ministry of Interior, as well as from other military structures based protocols.



-------------- Alin. (2) art. Section 102 was amended. 19, art. 72 Title II of Law no. 255 of 19 July 2013 published in the Official Gazette no. 515 of 14 August 2013.



Title IV Organisation and functioning of the National Institute of Magistracy

Article 103


(1) National Institute of Magistracy is a public institution with legal personality under the coordination of the Superior Council of Magistracy, which carries out initial training of judges and prosecutors, continuous training of judges and prosecutors, as well as training of trainers in law.


(2) National Institute of Magistracy is not part of the national education system and education and is not subject to legal provisions on accreditation of higher education institutions and diploma recognition.


(3) National Institute of Magistracy has its headquarters in Bucharest.


Article 104



(1) National Institute of Magistracy is headed by a Scientific Council consists of 13 members: a judge of the High Court of Cassation and Justice, a prosecutor from the Prosecutor's Office High Court of Cassation and Justice, a judge of the Court of Appeal, a prosecutor from the prosecutor at the Court of Appeal appointed by the Superior Council of Magistracy, three professors recommended by the Faculty of Law, University of Bucharest, Faculty of Law, University "Alexandru Ioan Cuza" University and Faculty of Law, University "Babes-Bolyai" University of Cluj-Napoca, three elected representatives of the teaching staff of the Institute, a representative of the justice auditors, a representative of the professional associations legally constituted of judges and prosecutors and the Director of the National Institute Magistrates, as part of the council and he presides.


(2) The Director of the National Institute of Magistracy and two deputies are appointed and dismissed by the Superior Council of Magistracy. Appointment of the Director National Institute of Magistracy and the two deputies is among the teaching staff of the Institute practicing law, judges and prosecutors or law teachers in higher education accredited law.



-------------- Alin. (2) art. 104 was amended by section. 1 of art. II of the Emergency Ordinance no. 100 of 4 October 2007, published in the Official Gazette no. 684 of 8 October 2007.

(3) The terms of the scientific council is 3 years and may be renewed except representative's mandate justice auditors, who is elected for one year.


(4) The membership of the Scientific Council of the National Institute of Magistracy is incompatible with membership of a political party.



-------------- Alin. (4) art. 104 was introduced by pt. 2 of art. II of the Emergency Ordinance no. 100 of 4 October 2007, published in the Official Gazette no. 684 of 8 October 2007.

Article 105


Scientific Council of the National Institute of Magistracy proposes the draft budget and decides on matters concerning the organization and functioning of the Institute, the proposal of the director of this institution.

Article 106


(1) National Institute of Magistracy is financed from the state budget through the budget of the Superior Council of Magistracy, under the law.


(2) The Director of National Institute of Magistracy is a secondary loan.


Article 107


(1) Maximum number of positions for the National Institute of Magistracy shall be established by Government decision.


(2) The organizational structure, functions and staff of the National Institute of Magistracy Superior Council of Magistracy approved.


Article 108


(1) The teaching staff of the National Institute of Magistracy is provided, usually from among judges and prosecutors, which could be posted under this law with their agreement, the Institute, with the approval of the Scientific Council Institute.


(2) National Institute of Magistracy may be used, under the law, and academics from accredited higher legal education law, other Romanian and foreign specialists and legal staff referred to in Art. 87 para. (1) of Law no. 303/2004, republished, for the conduct of training.


(3) The personnel training at the National Institute of Magistracy shall be paid by the hour depending on the number of hours of seminar or course supported by monthly gross salary as a judge at the High Court of Cassation and Justice and teaching load established according to art. 80 para. (2) of Law no. 128/1997 regarding the status of teachers, as amended and supplemented.


Article 109


The Government decision may be set up under the Ministry of Justice and Public Ministry, regional training centers continue clerks and other staff specialist.

Title V


judicial assistants
Article 110


Judicial assistants are appointed by the Minister of Justice, Economic and Social Council's proposal for a period of 5 years, of people with experience in judicial office for at least five years and who meet the following conditions:

A) have Romanian citizenship, residing in Romania and full legal capacity;


B) they are licensed in law and prove a corresponding theoretical;



C) have no criminal record, no tax record and enjoys a good reputation;


D) speak Romanian;


E) are capable of medically and psychologically, to hold office.


Article 111


(1) judicial assistants enjoy stability during the term and subject to the law.


(2) Legal provisions on obligations, prohibitions and incompatibilities apply to judges and prosecutors and judicial assistants.


(3) The provisions on annual leave, free medical care and free of charge transportation provided by law for judges and prosecutors, and judicial assistants apply.


(4) judicial assistants oath as provided by law for judges and public prosecutors.


(5) The total number of stations and distribution stations judicial assistants on court, with the volume of activity are established by the Minister of Justice.


Article 112


Assistants judicial duties provided for in art. 55 para. (2), and other duties stipulated in the Rules of Procedure of the courts.

Article 113


(1) Legal aid applies the laws concerning irregularities and disciplinary and dismissal reasons provided by law for judges and public prosecutors.


(2) Disciplinary sanctions shall be applied by the minister.


(3) sanctions imposed against par. (2) may be filed within 30 days from the notification of the sanction, the Department of Administrative and Fiscal Court of Appeal in whose jurisdiction the works sanctioned.



------------ Alin. (3) art. It amended by section 113. 11 of Art. 51 of Law no. 76 of 24 May 2012 published in the Official Gazette no. 365 of 30 May 2012.

(4) judicial assistants can be dismissed as a result of reducing the number of positions in relation to the workload of the court.


(5) Sanctions imposed judicial assistants and their dismissal of the Economic and Social Council shall be communicated to the Minister of Justice.


Article 114


By Government decision on a proposal from the Economic and Social Council and the Ministry of Justice are established:

A) conditions, selection procedure and the proposal by the Economic and Social Council candidates to be appointed as judicial assistants of the Minister of Justice;


B) the conditions for delegation, secondment and transfer of judicial assistants.


Article 115


Magistrates consultants depending on the entry into force of this law shall be appointed as the functions of judicial assistants and continue their work in the labor and social insurance courts or, where applicable, sections or panels.



Title VI of auxiliary compartments of courts and prosecutor's offices

Article 116


(1) All courts and all prosecutors have specialized auxiliary structure following sections:


A) registry;


B) graft;


C) archive;


D) Office of Information and Public Relations;


E) library.


(2) The courts and prosecutors may have other compartments established by regulations referred to in Art. 139 par. (1) and art. 140 par. (1).


(3) The courts of appeal and prosecutors' offices attached to these courts, High Court of Cassation and Justice, Prosecutor's Office High Court of Cassation and Justice and the National Anticorruption Directorate, also a compartment structure and documentation legal compartment. Legal departments can organize and structure of courts, specialized courts, the courts and prosecutor's offices attached to these courts.


(4) The courts and the military prosecutor and a compartment in the structure of classified documents.


(5) the prosecutor may be appointed by order of the General Prosecutor's Office attached to the High Court of Cassation and Justice, specialists in economic, financial, banking, customs, IT and other fields, for clarification of some technical aspects of the criminal prosecution.



-------------- Alin. (5) art. 116 was introduced by pt. 20 art. 72 Title II of Law no. 255 of 19 July 2013 published in the Official Gazette no. 515 of 14 August 2013.

(6) specialists under par. (5) have a public servant.


--------------

Alin. (6) of art. 116 was introduced by pt. 20 art. 72 Title II of Law no. 255 of 19 July 2013 published in the Official Gazette no. 515 of 14 August 2013.

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



-------------- Alin. (7) of art. 116 was introduced by pt. 20 art. 72 Title II of Law no. 255 of 19 July 2013 published in the Official Gazette no. 515 of 14 August 2013.

Article 117


(1) Office of Information and Public Relations provides connections court or the prosecutor's office with the public and mass media, in order to ensure transparency of judicial work, as determined by law.


(2) The head office, who shall also serve as spokesperson, a judge or prosecutor can be appointed by the president of the court or, where appropriate, by the head prosecutor or a University degree in journalism or communications specialist named competitive examinations.


Article 118


(1) auxiliary specialized personnel management hierarchy is subordinate courts and prosecutors' offices where they work.


(2) Distribution of staff within specialized auxiliary departments is the president of the court or the Attorney General or, where appropriate, prosecution of Prime prosecutor.


(3) The courts of appeal, courts, specialized courts and prosecutors' offices these compartments operating auxiliary personnel are headed by Prime clerks and polling Office attached to the High Court of Cassation and Justice, the National Anticorruption Directorate departments, the courts and prosecutor's offices attached to them, the chief clerks.


(4) specialized computer personnel will be administratively subordinate to the President of the court of belonging and professional operating Directorate of Information Technology in the Ministry of Justice.


(5) auxiliary personnel in military courts and prosecutors from sections of the Prosecution Office attached to High Court of Cassation and Justice and the National Anticorruption Directorate may also derive from the Army active.



-------------- Alin. (5) art. Section 118 has been amended. 21, art. 72 Title II of Law no. 255 of 19 July 2013 published in the Official Gazette no. 515 of 14 August 2013.

Article 119


(1) clerks who participate in hearings or conducting acts of prosecution are obliged to carry out all the records about their deployment and perform any other task under the control of the president and the judgment or, where applicable, prosecutor.


(2) At the hearings, registrars are required to wear appropriate attire court where it works. The dress code is established by Government decision and is provided free of charge.


(3) At the hearings, military clerks are required to wear military uniform.


Article 120


(1) For the computerization of courts and prosecutors' work, the president of the High Court of Cassation and Justice, the Minister of Justice, General Prosecutor's Office attached to the High Court of Cassation and Justice or, where appropriate, the chief prosecutor of the National Anticorruption shall ensure their proper technical equipment.


(2) The number of computer scientists is determined by the court president or, where appropriate, by the chief prosecutor, with the assent of the specialized directorate within the Ministry of Justice or the computer department of the Prosecutor's Office attached to the High Court of Cassation and Justice.


(3) If the High Court of Cassation and Justice and the National Anticorruption Directorate, the opinion referred to in para. (2) it is not necessary.


(4) In order to create a unified information system and functional institutions of the judiciary are required to carry out the measures set out in the strategy of the Judiciary, approved by Government decision, proposed by the Ministry of Justice.


(5) Technical equipment necessary computerization of military courts, the department or service of the Prosecutor's Office attached to the High Court of Cassation and Justice or, where appropriate, of the National Anticorruption Directorate and the military prosecutor ensure MoD national.


Article 120 ^ 1



In the prosecutor may work specialists in economic, financial, banking, customs, IT and other fields, to clarify certain technical aspects of the criminal prosecution.

----------- Art. 120 ^ 1 was introduced by art. 24 of the Emergency Ordinance no. 74 of 26 June 2013, published in Official Gazette no. 389 of 29 June 2013.



Guard Title VII courts and prosecutors' offices and magistrates protection

Article 121


(1) Guard premises of the courts and prosecutor's offices, assets and valuables belonging to them, watching the access and maintaining internal order necessary for a normal activity in these premises to ensure, free of charge, by the Romanian Gendarmerie, through its structures specialized.


(2) The Romanian Gendarmerie personnel necessary for the par. (1) shall be established by Government decision on a proposal from the Minister of Justice and Minister of Internal Affairs, and President of the High Court of Cassation and Justice.


(3) The activity staff provided in par. (2) is coordinated by the presiding judge or prosecutor leader.


Article 122


(1) Courts and Military Prosecutor's military police have placed at their disposal by the Ministry of National Defense for free. Military police staffing needs will be determined by Government decision, the proposal Ministry of Justice and Ministry of Defence.


(2) Military police forces at military courts and prosecutors is subject to their presidents or prime prosecutors.


(3) Guard military courts and prosecutors offices, other spaces used for these goods and values ​​belonging to them, watching the access and maintain internal order necessary to ensure normal operations, without charge, by Military Police .


(4) The number of staff required for each court or prosecutor's office will be established by the Minister of Justice, the President's proposal Military Court of Appeals and the department or service of the Prosecutor's Office attached to the High Court of Cassation and Justice.


Article 123


The Romanian society and Romanian are required to provide the necessary support, according to legal duties, courts and military prosecutors' offices, department or service within the Office attached to High Court of Cassation and Justice and the National Anticorruption Directorate, for better development the criminal proceedings, at their request.

Article 124


How to use police personnel to ensure the protection of judges and prosecutors, as well as how to use the Romanian Gendarmerie personnel to ensure the security of courts and prosecutor's offices, assets and valuables belonging to them, watching the access and maintaining internal order are established the protocol between the High Court of Cassation and Justice, Prosecutor's Office High Court of Cassation and Justice, National Anticorruption Directorate or, where appropriate, the Ministry of Justice and Ministry of Interior.

Title VIII

economic and financial management and administrative courts and prosecutors



Chapter I Organisation of the economic-financial and administrative

Article 125


(1) The High Court of Cassation and Justice, Prosecutor's Office High Court of Cassation and Justice, National Anticorruption Department, appeal courts, prosecutor's offices attached to courts of appeal, courts and prosecutor's offices attached to tribunals in structure one economic-financial and administrative department, headed by an economic manager.


(2) economic manager is subordinate to the president of the court or, where appropriate, the prosecutor's office in which the driver works.


(3) economic-financial and administrative department of the courts and prosecutors offices they provide economic, financial and administrative and specialized tribunals and courts or, where appropriate, to prosecutors in their constituency.


(4) Para. (1) and (2) shall apply to authorizing officers to military courts and prosecutor.



----------- Alin. (4) art. Section 125 has been amended. 12 of art. I of Law no. 97 of 14 April 2008, published in Official Gazette no. 294 of 15 April 2008 which completes the art. II of the Emergency Ordinance no. 100 of 4 October 2007, published in the Official Gazette no. 684 of 8 October 2007, pt. 2 ^ 1.

Article 126



(1) To be appointed economic manager person who has been admitted to the competition organized for this purpose by:


A) High Court of Cassation and Justice, the economic manager of that court;


B) courts of appeal, the economic managers of the appellate courts and tribunals;


C) Prosecutor's Office High Court of Cassation and Justice, the economic manager of this flooring and economic managers of the prosecutor's offices and courts of appeal tribunals;


D) The National Anticorruption Directorate for economic manager of this flooring.


(2) contest provided in par. (1) can enroll people who have higher economic education and worked in the specialty for at least 5 years.


(3) Appointment of persons declared economic manager admitted to the competition provided in par. (1) is done by order of the president of the court or, where appropriate, prosecution of the leader who organizes the contest.


(4) The personnel of the economic and financial and administrative department is framed by the President of the High Court of Cassation and Justice, the General Prosecutor's Office attached to the High Court of Cassation and Justice, chief prosecutor of the National Anti-chairman court of appeal or, where appropriate, the general prosecutor of the court of appeal, based on competition or practical test.


(5) contest provided in par. (1) and (4) is organized according to a regulation approved by the President of the High Court of Cassation and Justice, the Minister of Justice, General Prosecutor's Office attached to the High Court of Cassation and Justice or, where appropriate, the chief prosecutor National Anticorruption Directorate.


Article 127


Economic manager has the following main responsibilities:

A) lead the economic-financial and administrative court or prosecutor's office in which they operate;


B) is responsible for economic and financial management of the courts and prosecutors' offices without legal personality in the district court or the prosecutor's office in which they operate;


C) performs, based on the delegation received from the officers, all their powers provided by law;


D) organizes elaboration document, and submission to the competent bodies of the draft annual budgets, deadlines and conditions stipulated by Law no. 500/2002 on public finances, as amended and supplemented;


E) coordinates the administration of courts and prosecutors offices and takes measures to ensure the material conditions to the proper operation of courts and prosecutors;


F) arrange for the preparation and foundation design themes for current and capital repairs of offices and investment objectives, monitor and respond to their realization;


G) organize keeping all buildings owned or administration of the courts or, where appropriate, prosecution and other goods in their heritage;


H) monitor and respond with effective use of funds received from the state budget, state social insurance budget and special funds, as well as those made of their revenues, according to the law;


I) organize keeping of the accountancy court and prosecutor's office in the district within which it operates and controls the correct performance of all operations specific financial and accounting documents and the preparation and presentation of financial statements within the time limits on the assets under management according to the accounting Law no. 82/1991, republished;


J) coordinates the administration of courts and prosecutors offices in the constituencies in which they operate, establishing measures to ensure the material conditions to their proper operation. It also provides order, cleanliness and security in courthouses goods, including measures to prevent and fight fire.


Article 128


Economic managers and staff specialized in financial-accounting and legal expertise of local offices for technical and accounting have the status of civil servants, having the rights and obligations provided by Law no.
188/1999 on the Statute of civil servants, republished, as amended and supplemented.

Article 129


Court presidents and leaders can delegate prosecution officer quality economic managers.

Article 130



(1) Military courts which have headquarters in Bucharest and prosecutors' offices they have in a compartment economic-administrative structure.


(2) auxiliary personnel of economic-administrative department has the following main responsibilities:


A) prepare documentation for public procurement, services and works required activity of the courts;


B) ensure the supply of maintenance materials and household goods, fixed assets and inventory items or other goods required for the optimal activity of courts;


C) ensure the maintenance and operation of buildings, plumbing heating, other fixed assets and inventory items supplied;


D) ensure order, cleanliness and protection of goods in courthouses;


E) undertake measures for preventing and extinguishing fires and eliminating the consequences of calamities.




Chapter II Budget of the courts

Article 131


(1) The courts and prosecutors is financed from the state budget.


(2) The budget of the courts of appeal, tribunals, specialized tribunals and courts is managed by the Ministry of Justice, Minister of Justice acting as the principal loan.


(3) The budget for the prosecutor's offices attached to courts of appeal, tribunals, specialized tribunals and courts is managed by the Prosecutor's Office High Court of Cassation and Justice.


(4) Military Budget of the courts is managed by the Ministry of National Defence, Minister of National Defence with the main credit quality.


Article 132


(1) The courts of appeal and prosecutor's offices attached to courts of appeal drafts the annual budget for courts or, where appropriate, prosecutor's offices in their constituencies.


(2) The draft budget drawn up according to par. (1) shall be sent to the Ministry of Justice or, where appropriate, Office attached to High Court of Cassation and Justice.


(3) Prosecutor's Office High Court of Cassation and Justice and the National Anticorruption drafts its annual budget. In Budget Office attached to High Court of Cassation and Justice are summarized prosecutors' offices budgets and other courts.


(4) The draft budget drawn up according to par. (1) and (3) subject to the assent of the Superior Council of Magistracy.


(5) Budget High Court of Cassation and Justice is approved by the general assembly of judges of this court, with the approval of the Ministry of Finance.


(6) The draft annual budget of military courts shall be developed by the Directorate of the Ministry of Defense military courts, prosecutors' offices and the military - the department or service in the Office attached to High Court of Cassation and Justice, after consultation courts or the military prosecutor, and transmitted to the principal loan.



----------- Alin. (6) of art. Section 132 has been amended. 12 of art. I of Law no. 97 of 14 April 2008, published in Official Gazette no. 294 of 15 April 2008 which completes the art. II of the Emergency Ordinance no. 100 of 4 October 2007, published in the Official Gazette no. 684 of 8 October 2007, pt. 2 ^ 2.

(7) Every year the Government will include the Ministry of Defence budget the necessary funds according to art. 131 par. (4).


Article 133


(1) Every court and every flooring fits with the required number of judges or, where appropriate, prosecutors and support staff with the required number of specialist staff and of the economic-financial and administrative.


(2) The President of the High Court of Cassation and Justice and the presidents of courts of appeal, together with Minister of Justice, General Prosecutor's Office attached to the High Court of Cassation and Justice or, where appropriate, the chief prosecutor of the National Anti analyzes the annual workload of courts and prosecutor and, depending on the results of the analysis, take measures to supplement or reduce the number of posts, with the consent of Superior Council of Magistracy.


Article 134


(1) Maximum number of positions for courts and prosecutors shall be established by Government decision, proposed by the Minister of Justice, Superior Council of Magistracy opinion.



(2) High Court of Cassation and Justice, the maximum number of stations is determined by Government decision on a proposal from the Minister of Justice and President of the High Court of Cassation and Justice, the Superior Council of Magistracy opinion.


(3) military courts and prosecutors, the maximum number of posts approved under par. (1) with the advisory opinion of the Minister of National Defence.


Article 134 ^ 1


(1) If the proper functioning of the courts and prosecutors' offices is badly affected due to the number of vacancies temporarily, they can be occupied indefinitely, according to the law, if the vacant posts was achieved through:


A) appointment to leadership positions;


B) appointment as prosecutor in the Directorate for Investigating Organized Crime and Terrorism, or the National Anticorruption Directorate;


C) posting;


D) election as member of the Superior Council of Magistracy;


E) suspension from office, pursuant to art. 62 of Law no. 303/2004


, Republished, with subsequent amendments;

F) vacant for other reasons, for a period exceeding one year.


(2) The number of temporary vacancies which can handle the cases under par. (1) are approved for each instance or, where appropriate, hardwood Superior Council of Magistracy, the proposal officers.


(3) Upon termination as provided in par. (1) if the judge or prosecutor returns to court or prosecutor's office where he worked previously, the principal loan is obliged to provide immediately a vacancy in the reserve fund referred to in para. (4) and (5) if there are no vacancies at the court or prosecutor's office.


(4) For the positions required by the judge or prosecutor to termination as provided in par. (1) shall be constituted by the state budget, a reserve fund of 150 judge positions and 50 prosecutor positions. The number of jobs in the reserve fund could be annually updated by Government decision.


----------
Alin. (4) art. 134 ^ 1 was amended by art. II of Resolution no. 328 of April 27, 2016 published in the Official Gazette no. 361 of 11 May 2016.

(5) The posts referred to par. (4) will be distributed to courts and prosecutors by the Minister of Justice, if the courts or prosecutors' offices where the judge or prosecutor requested the return on job vacancies there.


(6) If the subsequent vacancy of positions at court or prosecutor that / that temporarily or permanently, the posts of judge or prosecutor assigned to par. (4) re-include law, from the date of vacancy, the reserve fund, and the judge or prosecutor who occupied such a post is considered as belonging to the post which becomes vacant. Including vacancy reserve fund is established by the Minister of Justice, the Superior Council of Magistracy proposal within 15 days of the vacancy.


(7) The amounts charged to finance vacancies in para. (1) shall be transferred to the state budget at the end of each calendar year.



-------------- Art. 134 ^ 1 was introduced pt. 3 of Art. II of the Emergency Ordinance no. 100 of 4 October 2007, published in the Official Gazette no. 684 of 8 October 2007.

Article 135


(1) Member of positions and personnel for the courts of appeal, courts, specialized courts, judges and prosecutors shall be approved by the assent of the Superior Council of Magistracy, by the minister of justice.


(2) Member of positions and personnel for each military court and prosecutor's office attached to it is approved by order of the Minister of Justice and Minister of Defence, with the assent of the Superior Council of Magistracy.



----------- Alin. (2) art. Section 135 has been amended. 13, art. I of Law no. 97 of 14 April 2008, published in Official Gazette no. 294 of 15 April 2008 which completes the art. II of the Emergency Ordinance no. 100 of 4 October 2007, published in the Official Gazette no. 684 of 8 October 2007, pt. 4.


Article 136 *)

As of 1 January 2008, for the Minister of Justice regarding the budget management appellate courts, tribunals, specialized tribunals and courts will be taken over by High Court of Cassation and Justice.



Title IX Transitional and Final

Article 137


Next courts operate under the law, the following structures:


A) social reintegration and supervision services;


B) the trade registry offices;


C) other structures established by a special law.


Article 138


(1) The State is obliged to provide premises and other material and financial means necessary for the proper functioning of courts and prosecutors' work.


(2) The Government, the General Council of Bucharest, county councils and local councils, with the support prefectures, make available to the High Court of Cassation and Justice, the Ministry of Justice, Office attached to High Court of Cassation and Justice and National Anticorruption Directorate premises necessary for the proper functioning of courts and prosecutor's offices.


(3) material and financial rights of military courts and prosecution personnel and material resources, including automotive, military courts and prosecutors the necessary officials, department or service of the Prosecutor's Office attached to the High Court of Cassation and Justice and the department or service National Anticorruption Directorate within the Ministry of National Defence ensures.


Article 139


(1) Regulation of procedure of the courts are established:


A) the administrative organization of courts of appeal, tribunals, specialized tribunals and courts;


B) the method and criteria for assigning cases to panels of judges in order to ensure the principles of random distribution and continuity;


C) the powers of presidents, vice-presidents, judges inspectors, chairmen of departments, judges and other staff;


D) organization and mode of work leading boards of the courts and general assemblies of judges;


E) judicial vacation;


F) the organization, functioning and powers of specialized auxiliary departments;


G) the organization, functioning and powers of the economic-financial and administrative.


(2) Rules of procedure of the courts are developed by Superior Council of Magistracy and the Ministry of Justice and approved by decision of the Superior Council of Magistracy, to be published in the Official Gazette of Romania, Part I.


Article 140


(1) The Rules of Procedure of prosecution are established:


A) administrative organization of the Office attached to High Court of Cassation and Justice, the National Anticorruption Directorate, the prosecutor's offices attached to courts of appeal, courts, juvenile and family tribunals and courts;


B) the duties of public prosecutors, senior prosecutors and their deputies, prosecutors inspectors, prosecutors and chief prosecutors and other categories of staff;


C) organization and mode of work leading colleges of general meetings of the prosecutor and prosecutors;


D) the hierarchy of the administrative functions of the Public Ministry;


E) the organization, functioning and powers of specialized prosecution auxiliary departments;


F) the organization, functioning and powers of the economic-financial and administrative support of the prosecution.


(2) The rules of procedure referred to in para. (1) approved by the Minister of Justice as proposed general prosecutor attached to the High Court of Cassation and Justice or, where appropriate, the chief prosecutor of the National Anticorruption Directorate, endorsed Superior Council of Magistracy.


Article 141


References to the Supreme Court of the normative acts in force shall be deemed made at the High Court of Cassation and Justice.

Article 142


(1) The dates on which will start operating specialized courts, counties and localities will begin to operate, their name, as well as areas that will operate shall be established in stages, by order of the Minister of Justice, the assent of the Superior Council of Magistracy.



-------------- Alin. (1) art. 142 has been amended pt. 3 of Art. LAW no unique. 296 of 14 November 2013 published in the Official Gazette no. 699 of 14 November 2013

(2) The provisions of this law on economic managers of courts and prosecutor's offices to apply from 1 July 2005.


(3) function is tantamount to economic manager Executive Director.



(4) Until the start of Ilfov Court officials and office attached to the court, the causes of their competence shall be settled by the Bucharest Tribunal, respectively, of the Bucharest Tribunal Prosecutor's Office.


Article 143


(1) The provisions of art. 53 para. (1) the assignment of cases in computerized applied gradually ending action until 2007.


(2) By 2007 the assignment of cases to courts which have no computerized system is random, as determined by the Internal Regulation of the courts.


Article 144


(1) On the effective date of this law shall be abrogated:


A) the provisions of art. 1-5 art. 7-11 art. 17-26, art. 27-35, art. 44-54, art. 56 and 57 of Law No Supreme Court. 56/1993, republished in the Official Gazette of Romania, Part I, no. 56 of 8 February 1999, with subsequent amendments;


B) the provisions of art. 1, art. 2 para. 1, 3 and 4, Art. 4-9 art. 10-16 art. 17 para. 1 1 -1 ^ 3 and par. 3-5, art. 18-25, art. 26-41, art. ^ 1 ^ -69 69 5, Art. 70-85, art. 132, art. 133 par. 1 and 3, art. 134 and Art. 136-160 of Law. 92/1992 on judicial organization, republished in the Official Gazette of Romania, Part I, no. 259 of 30 September 1997, as amended and supplemented.


(2) The provisions of art. 135 of Law no. 92/1992, republished, as amended and supplemented, relating to the economic managers is repealed from 1 July 2005.


Note



──────────

NOTE:

Below the provisions of art. II, IV, VII and VIII of Title XVI of Law no. 247/2005, which are not incorporated in the republished text of Law no. 304/2004 and apply further as provisions of Title XVI of Law no. 247/2005.

"Art. II. - (1) Upon the entry into force of this Act, the functions of judge and prosecutor inspector inspector are abolished and turn posts the posts of judge or prosecutor.

( 2) activities are underway judges and prosecutors inspectors inspectors will be continued by judges or prosecutors appointed by the heads of courts and prosecutors' offices.


Art. III. - the provisions of this law on registration sessions judgment and appointing the offices of information and public relations graduates of faculties of journalism or communication specialists apply from 1 July 2006.

Art. IV. - (1) territorial Constituencies military prosecutor in municipalities of Bacau, Brasov, Constanta, Craiova, Oradea, Ploiesti and Targu Mures which is dissolved by the entry into force of this law shall be redistributed in accordance with the territorial districts of military courts in these localities, according to Annex no. 2 to this law.

(2) reduced functions as a result of the reorganization of military courts and prosecution under this law, passed in the functions of the Ministry of Justice and the Public Ministry, taking measures financed by the transfer of funds to these institutions relevant Ministry budget National defense.


(3) Premises and material facilities of the disbanded military prosecutor will be taken by military prosecutors who, through redeployment, their respective constituencies abolished territorial units.


(4) military and civilian auxiliary personnel in courts and military prosecutor who opt to transfer to civil courts and prosecutors whose positions were reduced will be transferred taking into account the option expressed in civilian courts and prosecutors live within your home or in other places.


(5) The transfer of military and civilian support staff to military courts and prosecutors to courts or prosecutor civilian, are taken into account, according to the law, seniority and work. In this case, the shift in the reserve or direct withdrawal of military support staff is required.



..
Art. VII. - Regulations under this law shall be updated and adopted within 60 days of the entry into force of this law and published in the Official Gazette of Romania, Part I.

Art. VIII. - (1) Within 90 days after the entry into force of this law, elections will be held for the leading boards of the courts and prosecutors' offices.

(2) The duties of the current members of leading colleges cease the deadline provided in par. (1). "


──────────




A Appendix 1. Courts, prosecutors' offices and place of residence THEREOF

──────────────────────────────────────────────────────────────────────────────
County Court locality of residence
──────────────────────────────────────────────────────────────────────────────
Alba Alba Iulia Alba Iulia
Câmpeni Câmpeni
Aiud Aiud
Blaj Blaj
Sebes city Sebes
Arad Arad
Ineu Ineu town
Lipova Lipova town
Gurahonţ common Gurahonţ
Chisinau- Cris city Chisinau- Cris
Arges Pitesti Pitesti
Campulung Campulung
Curtea de Arges Curtea de Arges
Costeşti Costeşti town
Topoloveni Topoloveni city
Bacau Bacau Bacau
Onesti city Onesti
Moineşti Moineşti municipality
Podu Podu Turk Turk
Buhuşi Buhuşi town
Oradea, Bihor Oradea
Beiuş Beiuş
Marghita Marghita municipality
Aleşd Aleşd town
Salonta Salonta
BISTRIŢA Bistrita Bistrita
Nasaud Năsăud town
Beclean Beclean
Botosani Botosani Botosani
Dorohoi Dorohoi
Săveni Săveni town
Dărăbani city Dărăbani
Brasov Brasov Brasov
Fagaras Fagaras
Rupea Rupea
Zarnesti Zărneşti
Braila Braila Braila city
Poughkeepsie poughkeepsie city
Newly weds newly weds town
Buzau Buzau
Ramnicu Sarat Ramnicu Sarat Town
Pătârlagele city Pătârlagele
Pogoanele city pogoanele
Caras-Severin Resita Resita
Caransebes Caransebes
Oraviţa Oraviţa city
Moldova Noua Moldova Noua city
Bozovici Bozovici
Bocşa Bocşa city
Calarasi city Calarasi
Olteniţa Olteniţa Municipality
Lehliu Lehliu-Gara-Gara city
Cluj Cluj-Napoca Cluj-Napoca
Turda Turda
Dej Dej
Huedin Huedin
Gherla Gherla
Constanta Constanta Constanta
Medgidia Medgidia
Hârşova Hârşova city
Mangalia Mangalia
Cernavoda NPP city
Baneasa Baneasa city
Covasna city of St. George St. George
Kézdivásárhely city Kézdivásárhely
Middlesbrough Middlesbrough town
Dambovita Targoviste Targoviste
Găeşti Găeşti city
Smelly Smelly city
Răcari city Răcari
Moreni Moreni city
Craiova Craiova Dolj
Băileşti Băileşti town
Filiaşi Filiaşi city
Segarcea Segarcea
Calafat Calafat town
Bechet City Bechet
Galati Galati

Tecuci Tecuci Targu Bujor Targu Bujor town
Lieşti Lieşti
Giurgiu Giurgiu
Bolintin Vale Bolintin-Vale
Comana Comana

Gorj Targu Jiu Targu Jiu Municipality
Targu city of Targu Cărbuneşti Cărbuneşti
Novaci Novaci
Motru Motru municipality
Harghita Miercurea-Ciuc Miercurea-Ciuc
Székelyudvarhely Székelyudvarhely municipality
Topliţa Topliţa city
Gheorgheni Gheorgheni city
Deva Deva, Hunedoara
Hunedoara Hunedoara county
Petrosani Petrosani
Drastic Drastic city
Brad Brad
Haţeg Haţeg town
Ialomita Slobozia Slobozia
Urziceni Urziceni city
Feteşti Feteşti city
Iasi Iasi Iasi
Paşcani Pascani
Harlau city Harlau
Răducăneni Răducăneni
Buftea Buftea city Ilfov
CORNETU common CORNETU
Maramures Baia Mare Baia Mare
Sighet city of Sighet
Viseu de Sus Viseu de Sus
Targu Lapus Targu Lapus town
Dragomireşti common Dragomireşti
Şomcuta city Şomcuta
Mehedinti Drobeta-Turnu Severin Drobeta-Turnu Severin
Strehaia Strehaia city
Orşova Orşova municipality
Vânju Mare Mare town Vânju
Baia de Arama Baia de Arama
Mures Targu Mures Targu Mures
Sighisoara Sighisoara
Reghin Reghin
Târnăveni Târnăveni city
Luduş Ludus
Sângeorgiu the Forest of Forest Sângeorgiu
Piatra Neamt Piatra Neamt
Roman Roman city
Targu Neamt Targu Neamt city
Bicaz Bicaz
Olt Slatina Slatina
Caracal Caracal
The ship sailed city
Bals Bals city
Scorniceşti Scorniceşti city
Ploiesti Ploiesti, Prahova
Campina Campina Municipality
Campina Campina city
Mizil Mizil town
Sinaia Sinaia
Howl Howl city
Satu Mare Satu Mare
Carei Carei
Negresti-Oas Negresti-Oas
Zalau Salaj Zalau municipality
Simleu Silvaniei Simleu Silvaniei city
Jibou Jibou
Sibiu Sibiu
Medias Medias
Agnita city agnita
Avrig Avrig city
Sălişte Sălişte city
Suceava Suceava
Campulung city of Campulung
Radauti Rădăuţi
Fălticeni Fălticeni
Wah Wah municipality
Gura Humorului Gura Humorului
Alexandria city Teleorman Alexandria
Roşiori the city sees the Vedas Roşiori
Turnu Magurele Turnu Magurele municipality
Videle city videle
Zimnicea Zimnicea
Timis Timisoara Timisoara
Lugoj Lugoj
Deta Deta city
Sânnicolau Mare Mare town Sânnicolau
Faget Faget city
Jimbolia Jimbolia town
Tulcea Tulcea
Babadag Babadag
Macin Macin city

Vaslui Vaslui
Bârlad Bârlad
Oregon city oregon
Murgeni city Murgeni
Valcea Ramnicu Valcea Ramnicu Valcea
Drăgăşani Dragasani
Horezu Horezu
Brezoi Brezoi town
Bălceşti city Bălceşti
Focsani, Vrancea Focsani
Panciu Panciu
Adjud Adjud
Bucharest Sector 1 Bucharest Court
2 Bucharest District Court
3 Bucharest District Court
Bucharest District Court in April
5 Bucharest District Court
District Court 6 Bucharest
──────────────────────────────────────────────────────────────────────────────

B. COURTS, COURTS PROFESSIONAL, prosecutors' offices
tribunals and specialized tribunals also the residence
──────────────────────────────────────────────────────────────────────────────
County Court and place of residence
specialized tribunal
──────────────────────────────────────────────────────────────────────────────
Alba Alba Iulia Alba Iulia
Arad Arad
Arges Arges Pitesti
Bacau Bacau Bacau
Bihor Oradea, Bihor
BISTRIŢA BISTRIŢA Bistrita
Botosani Botosani Botosani
Brasov Brasov Brasov
Braila Braila Braila city
Buzau Buzau
Caras-Severin Caras-Severin Resita
Calarasi city Calarasi
Cluj Cluj Cluj-Napoca
Constanta Constanta Constanta
Covasna city of St. George
Dambovita Dambovita Targoviste
Dolj Craiova Dolj
Galati Galati
Giurgiu Giurgiu
Gorj Targu Jiu, Gorj city
Harghita Harghita Miercurea-Ciuc
Hunedoara Deva
Ialomita Ialomita Slobozia
Iasi Iasi Iasi
Ilfov Buftea city Ilfov
Maramures Baia Mare
Mehedinti Mehedinti Drobeta-Turnu Severin
Mures Mures Targu Mures
Neamt city Neamt Piatra Neamt
Olt Olt Slatina
Prahova Ploiesti, Prahova
Satu Mare Satu Mare
Salaj Zalau city Salaj
Sibiu Sibiu
Suceava Suceava
Teleorman Alexandria city Teleorman
Timis Timis Timisoara
Tulcea Tulcea
Vaslui Vaslui
Valcea Valcea Ramnicu Valcea
Vrancea Vrancea Focsani
Bucharest Bucharest Bucharest
──────────────────────────────────────────────────────────────────────────────


-------------- Title lit. B of Annex 1 was amended by pt. 4 of art. LAW no unique. 296 of 14 November 2013 published in the Official Gazette no. 699 of 14 November 2013
Name column, the table in point B of Annex 1 was amended by section. 5 of art. LAW no unique. 296 of 14 November 2013 published in the Official Gazette no. 699 of 14 November 2013

C. Court of Appeals, prosecutors' offices Court of Appeal
their respective constituencies also the residence
──────────────────────────────────────────────────────────────────────────────
The Court of Appeal Tribunals and place of residence
specialized courts
Constituency contained
Court of Appeal
──────────────────────────────────────────────────────────────────────────────
1. Alba Iulia Court of Appeal Alba Iulia Alba
Sibiu
Hunedoara

──────────────────────────────────────────────────────────────────────────────
Arges Pitesti Court of Appeal 2. Pitesti
dale
──────────────────────────────────────────────────────────────────────────────
3. The Court of Appeal Bacau Bacau Bacau
German
──────────────────────────────────────────────────────────────────────────────
4. Court of Appeal Oradea, Bihor Oradea
Satu Mare
──────────────────────────────────────────────────────────────────────────────
5. The Court of Appeal Suceava Suceava
Botosani
──────────────────────────────────────────────────────────────────────────────
6. The Court of Appeal Brasov Brasov Brasov
Covasna
──────────────────────────────────────────────────────────────────────────────
7. The Court of Appeal Bucharest Bucharest
Calarasi
Giurgiu
Ialomita
Ilfov
Teleorman
──────────────────────────────────────────────────────────────────────────────
8. Court of Appeal Cluj Cluj Cluj-Napoca
BISTRIŢA
Maramures
Salaj
──────────────────────────────────────────────────────────────────────────────
9. The Court of Appeal Constanta Constanta Constanta
Tulcea
──────────────────────────────────────────────────────────────────────────────
10. Court of Appeal Craiova Craiova Dolj
Gorj
Mehedinti
Olt
──────────────────────────────────────────────────────────────────────────────
11. Court of Appeal Galati Galati
Braila
Vrancea
──────────────────────────────────────────────────────────────────────────────
12. Court of Appeal Iasi Iasi Iasi
Vaslui
──────────────────────────────────────────────────────────────────────────────
13. Court of Appeal Mures Targu Mures Targu Mures
Harghita
──────────────────────────────────────────────────────────────────────────────
14. Court of Appeal Ploiesti, Prahova Ploiesti
Buzau
Dambovita
──────────────────────────────────────────────────────────────────────────────
15. Court of Appeal Timisoara Timis Timisoara
Arad
Caras-Severin
──────────────────────────────────────────────────────────────────────────────

Name
-------------- second column of the table in point C of Annex 1 was amended by section. 6 of art. LAW no unique. 296 of 14 November 2013 published in the Official Gazette no. 699 of 14 November 2013

Annex 2


Constituencies military courts, prosecutor's offices attached to them and places of residence
┌────┬───────────────────────┬───────────────────────────────┬────────────────┐
│Nr. │Instanţa military │ │
Military Prosecutor's Office and │Circumscripţia │localitatea place of residence │crt.│ │ │ │ │
territorial residence │ │ │
├────┼───────────────────────┼───────────────────────────────┼────────────────┤
│I.1 │Tribunalul Military │Parchetul attached │Argeş │ │ │Bucureşti

│ │ │Tribunalul Military │Călăraşi │Sediul:
│ │ Municipality │Bucureşti │Giurgiu │Bucureşti │ headquarters: │ │ │Ialomiţa
│Bucureşti │Ilfov │
│ │ │ │Olt │
│ │ │ │Teleorman │
│ │ │ │Vâlcea │ │
│ │ │ │ │ │ │ city │Bucureşti │
│ │ │ │Constanţa │
│ │ │ │Tulcea │
│ │ │ │Brăila │
│ │ │ │Buzău │

│ │ │ │
│ │ │ │Dâmboviţa │Prahova │
├────┼───────────────────────┼───────────────────────────────┼────────────────┤

│I.2 │Tribunalul Military │Parchetul attached │Braşov │Cluj │Tribunalul │
│ │
│ Cluj Military │Covasna │Sediul: │Sediul Municipality: City of Cluj │Sibiu │ || | │ │Cluj-Napoca │Napoca │
│ │ │ │Alba │Bistriţa-Năsăud │
│ │ │ │ │ │ │Cluj
│Sălaj │
│ │ │ │Harghita │ │ | │Mureş || │ │ │ │ │ │ │Bihor

│ │ │ │Maramureş │
│ │ │ │Satu │-Mare │
├────┼───────────────────────┼───────────────────────────────┼────────────────┤
│I.3.│Tribunalul Military │Parchetul attached │Bacău │Iaşi │Tribunalul │
│ │
│ │Neamţ Iasi Military │Sediul: Iaşi│Sediul City: Iaşi │Suceava │ | │Vrancea || │ │ │ │ │ │ │Botoşani

│ │ │ │Galaţi │
│ │ │ │Iaşi │
│ │ │ │Vaslui │ │
├────┼───────────────────────┼───────────────────────────────┼────────────────┤
│I.4 │Tribunalul Military │Parchetul attached │Dolj │ │ │Timişoara

│ │ │Tribunalul Military │Gorj │Sediul:
│ │ Municipality │Timişoara │Hunedoara │Timişoara │ headquarters: │ │ │Mehedinţi
│Timişoara │Arad │
│ │ │ │Caras │-│ │ │ Severin
│Timiş │ │
├────┼───────────────────────┼───────────────────────────────┼────────────────┤
│II. Military Military │Tribunalul │Parchetul │Competenţa │Teritorial Bucharest │lângă │
│ │
│ Military Tribunal │teritorială │Sediul: │Teritorial Bucharest Municipality │generală │
│ │Bucureşti │Sediul: Municipality │ │
│ │ │ │ │Bucureşti
├────┼───────────────────────┼───────────────────────────────┼────────────────┤
│III.│Curtea │Parchetul Military Military │Competenţa │
│ │lângă │Apel Bucharest Military Court of │teritorială │
│ │Sediul: │Apel Bucharest Municipality │generală │
│ │Bucureşti │Sediul: Municipality │Bucureşti │ │
│ │ │ │
└────┴───────────────────────┴───────────────────────────────┴────────────────┘

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