Advanced Search

Law No. 294 Of 28 June 2004 Concerning The Execution Of Punishments And Measures Ordered By The Judicial Organs In The Course Of The Criminal Process

Original Language Title:  LEGE nr. 294 din 28 iunie 2004 privind executarea pedepselor şi a măsurilor dispuse de organele judiciare în cursul procesului penal

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 294 294 of 28 June 2004 (* updated *) on the execution of penalties and measures ordered by judicial bodies during the criminal proceedings ((updated until 12 June 2008 *)
ISSUER PARLIAMENT




---------- *) The initial text was published in the OFFICIAL GAZETTE no. 591 591 of 1 July 2004. This is the updated form of S.C. "Territorial Center of Electronic Computing" S.A. Piatra-Neamt until June 12, 2008, with the amendments and additions made by: EMERGENCY ORDINANCE no. 58 58 of 23 June 2005 ; EMERGENCY ORDINANCE no. 50 50 of 28 June 2006 ; EMERGENCY ORDINANCE no. 73 73 of 11 June 2008 . **) NOTE C.T.C.E. S.A. Piatra-Neamt: According to para. ((1) of art. 97 97 of this normative act, as amended by the Emergency Ordinance no. 58 58 of 23 June 2005 ,, of Emergency Ordinance no. 50 50 of 28 June 2006 and of Emergency Ordinance no. 73 73 of 11 June 2008 , Law no. 294 294 of 28 June 2004 shall enter into force on 1 September 2009. The Romanian Parliament adopts this law + Title I General provisions + Article 1 Legality of execution of penalties The execution of penalties is carried out in accordance with the provisions of the Criminal Code, the Code of Criminal Procedure and the present law + Article 2 Basis for execution of penalties The penalties shall be executed only on the basis of the final judgments of conviction. + Article 3 Respect for human dignity The penalties are executed in conditions to ensure respect for human dignity. + Article 4 Prohibition of torture, inhuman or degrading treatment or other ill-treatment (1) The submission of any person in the execution of a sentence to torture, inhuman or degrading treatment or other ill-treatment shall be prohibited. (2) The violation of the provisions of (1) is punishable by criminal law. + Article 5 Prohibition of discrimination in execution of penalties (1) During the execution of the penalties, any form of discrimination on the basis of race, nationality, ethnic origin, language, religion, sex, sexual orientation, opinion, political affiliation, wealth, social origin or social origin is prohibited. other grounds. (2) The violation of the provisions of (1) is punishable by criminal law. + Article 6 Judge delegate for the execution of penalties (. The execution of the penalties shall be carried out under the supervision, control and authority of the delegated judge for the execution of (. Within each of the Judges, one or more Judges shall be designated annually by the President of the Court of Appeal, as a judge delegate for the execution of the penalties. (3) The judge delegated for the execution of the punishments supervises and controls the assurance of legality in the execution of the penalties and exercises the duties (4) The judge delegate for the execution of the sentences of the court in the constituency to which a penitentiary operates supervises and controls the assurance of legality in the execution of custodial sentences in penitentiary, establishes measures to personalize the regime of execution of custodial sentences provided for in this law, control the conditions under which these measures are applied and exercise other powers established by law. (5) The judge delegate for the execution of sentences from the court in the constituency to which a preventive detention and arrest centre or a preventive arrest centre operates shall supervise and control the assurance of legality in the execution of preventive preventive measures of freedom in these centers and exercises other duties established by law. (6) The judge delegate for the execution of the sentences of the court in the constituency to which a penitentiary operates, a preventive detention and arrest center or a preventive arrest center shall settle the complaints made by the persons in the execution of custodial sentences or persons remanded in custody against measures taken by the administration of places of possession regarding the exercise of rights and disciplinary sanctions. + Title II Execution of principal non-custodial sentences + Chapter I Execution of community work + Section 1 Organizing the execution of community work + Article 7 Establishment of community service activities ((1) Community work is carried out in the field of public services managed by local public administration authorities, within public institutions at local level or within associations and foundations, empowered for this purpose. the court according to art. 8. ((2) The judge delegate for the execution of the punishments shall establish annually the list of community activities that may be executed in the constituency in which he exercises his territorial competence, based on the communications made by the authorities local public administration and public institutions at local level, as well as requests made by the competent associations and foundations. (3) The list of community activities includes: a) the nature of the activities that can be carried out in the field of each public service managed by the local public administration authorities, within each public institution at the local level, as well as within each organization and empowered foundations; b) the number of persons who can perform community service in the field of each public service managed by the local public administration authorities, within each public institution at the local level, as well as within each association and ability foundations; c) the name, surname and function of the person designated for the organization of community work by each authority of the local public administration, by each public institution at local level, by each association and authorized foundation. (4) If the public service in which the convicted person performs community work is leased to a commercial company with full or partial private capital, the value of the benefits made shall be transferred to the budget of the unit administrative-territorial in the constituency to which community work is carried out. + Article 8 Procedure for the empowerment of associations and foundations (1) The empowerment of associations and foundations shall be granted by the court in the constituency to which the association or foundation is based, upon request, on the basis of the report of the judge delegate for the execution of the penalties and the following documents attach to the request for empowerment: a) a copy after the conclusion on the registration of the association or foundation in the Register of associations and foundations b) a copy of the articles of association and the statute of the association or foundation; c) balance sheet and revenue and expenditure budget for the last 3 years; d) a report on the nature of community activities to be organized within the association or foundation and the conditions under which they can be executed. ((2) The empowerment is granted by conclusion, for a period of 3 years. ((3) The skill may be withdrawn by the court, ex officio or upon referral of the delegated judge for the execution of the penalties. + Article 9 Supervision and control of the execution of community work (1) The supervision and control of the execution of community work shall be carried out by the judge delegated for the execution of the punishments, directly or through social reintegration and surveillance counselors and persons empowered in the this purpose of police units in whose constituency work is carried out for the benefit of the community. (2) The supervision and control of the execution of community work shall be carried out on the basis of the surveillance and control program drawn up by the judge delegated for the execution of (3) Persons designated according to art. 7 7 para. ((3) lit. c) have the obligation to immediately inform the delegated judge for the execution of the penalties on cases that attract the revocation of community work according to the Criminal Code and to communicate the requested data and information on execution of community work. + Section 2 How to execute the punishment of community work + Article 10 Conclusion of the Judge Delegated for the Enforcement (1) The judge delegate for the execution of the sentences of the court in the constituency to which the convicted person has the domicile establishes, by conclusion, as a result of the communication of the conviction and on the basis of the mandate of execution community service: a) public service managed by an authority of the local public administration, the public institution at local level, the association or foundation where the convicted person is to perform community service; b) the nature of community work that the convicted person must execute, taking into account the skills, health and professional training of the person; c) the program for the execution of community work. (2) The conclusion of the delegated judge for the execution of the penalties provided for in (1) shall be communicated to the person sentenced to the punishment of community work and to the person designated according to art 7 7 para. ((3) lit. c). (3) The conclusion provided in par. (1) may be amended at any time, during the execution of the sentence of community work, by the judge delegated for the execution of the penalties, ex officio or at the request of the convicted person or of the person designated according to 7 7 para. ((3) lit. c). (4) The judge delegate for the execution of the penalties shall proceed according to paragraph ((1) following the communication of the sentencing judgment. + Article 11 Obligation to present the person sentenced to the punishment of community work (1) The person sentenced to the punishment of community work is obliged to appear to the judge delegated for the execution of the penalties within 3 days from the receipt of the conclusion provided in art. 10 10 para. ((1). (2) The judge delegated for the execution of the punishments shall communicate to the convicted person the date and time at which he must begin the execution of community work, as well as the name and identification data of the person provided in art. 7 7 para. ((3) lit. c) to which the convicted person must appear for the commencement of the execution of community work. + Article 12 Medical examination Before commencing the execution of the community service sentence, the convicted person carries out a medical examination, in order to determine whether he is medically fit, to perform community service established by the judge. delegated for the execution of penalties and if not suffering from a disease that endangers the health of persons at the place where work for the benefit of the community is to be carried out. + Article 13 Duration of community service (1) Community work shall be carried out within a period of not more than 180 days, in the case of major convicts and not more than 120 days, in the case of juvenile convicts. (2) The daily work schedule, on working days, may not exceed 3 hours per day, in the case of major convicts who carry out a paid activity or attend vocational or vocational qualification courses and 2 hours a day, in the case of convicts minors who carry out a remunerated activity or attend vocational or vocational qualification courses. (3) Community work shall be carried out according to the daily schedule of the paid activity, the educational or professional qualification courses of the convicted person. (4) The daily work schedule on non-working days or in the case of persons who do not carry out a paid activity or do not attend vocational education or qualification courses may not exceed 8 hours, in the case of major convicts, and 6 hours, in Juvenile convicts case. (5) Community work may not be carried out on Sundays and on days declared public holidays. + Article 14 Place of execution of community work (1) Community work shall be performed at the public service managed by an authority of the local public administration, the local public institution, the association or foundation established by the conclusion of the delegated judge for the execution of the punishments. (2) The place of execution of community work must be located in the district of the court where the convicted person is domiciled. (3) If community service cannot be executed in the district of the court where the convicted person is domiciled, the judge delegated for the execution of the sentences in this constituency shall establish the place of employment in community service in the constituency of another judges in the district of the tribunal where the convicted person is domiciled, with the opinion of the judge delegated for the execution of the sentence of the place where work is to be the community. (4) When establishing the place of execution of community work, the judge delegated for the execution of the penalties takes into account the distance between the domicile of the convicted person and the place of execution of community work, the distance between the employment, educational or professional qualification institution of the convicted person and the place of employment for the benefit of the community and the possibilities for the insurance of transport between these places. + Article 15 Conditions for the execution of community work (1) Community work shall be carried out in compliance with the rules of protection of labour. (2) Community work may not be carried out during the night or in any harmful, dangerous or dangerous place that presents a degree of risk to the health or integrity of convicted persons or to the development of convicted minors. + Article 16 The appeal against measures relating to the conditions for the execution of community work and the conclusion of the delegated judge for the execution of penalties (1) Against measures regarding the conditions for the execution of community work, the convicted person may complain to the judge delegated for the execution of the penalties, who settle the complaint by conclusion, after hearing the convicted person. (2) The judge delegate for the execution of the penalties, settling the complaint, pronounces one of the following a) admits the complaint and orders the cancellation, revocation or modification of the measure regarding the conditions for the execution of community work; b) reject the complaint, if it is unfounded. (3) Against the conclusion of the delegated judge for the execution of the penalties provided for in 10 10 and in par. (1) of this article the convicted person may complain to the court in whose constituency the place of execution of community work is located. (4) The complaint referred to in paragraph (3) is judged according to art. 460 460 para. 1 and para. 3 3-6 of the Code of Criminal Procedure, which shall apply accordingly. (5) The convicted person is compulsorily heard at the trial of the complaint. (6) The court, resolving the complaint, pronounces one of the following: a) admits the complaint and, as the case may be, amends the conclusion of the delegated judge for the execution of 10 or orders the cancellation, revocation or modification of the measure regarding the conditions for the execution of community work; b) reject the complaint, if it is unfounded. (7) The judgment of the Court may be appealed. + Article 17 Referral for the revocation of community work If the person sentenced to the punishment of community work does not execute this punishment or, during execution, has improper conduct by failing to fulfil his obligations or by fulfilling them defective, the judge delegate for the execution of the penalties immediately notify the court, for the revocation of community work. + Article 18 Attestation of execution of community work After the execution of the community service punishment, the authority of the local public administration managing the public service, the public institution at local level, the association or foundation where the convicted person executed community service has the obligation to communicate to the judge delegated for the execution of sentences and to the convicted person a document certifying that community service has been executed. + Article 19 Other cases of community service for the benefit of the community The provisions of this Section relating to the execution of the Community labour penalty shall apply accordingly in the case of the replacement of the fine-day fine with community service and in the case of suspension the execution of the sentence under supervision with the obligation of the convict to perform community service. + Chapter II Execution of penalty of fine in the form of daily-fine + Article 20 How to execute the penalty of fines in the form of daily-fine (1) The execution of the penalty of fines in the form of daily-fine in case of non-compliance with the term of full payment of it or of a rate when the payment of the fine was staggered is made according to the provisions on the forced execution of budgetary claims. (2) The state employees have the obligation to communicate to the executing court, on the date of full payment of the fine, its execution and to notify the court of any circumstance that prevents the execution. + Title III Execution of surveillance measures and obligations ordered by the court according to the Criminal Code + Article 21 Control of the execution of surveillance measures and obligations under the Criminal Code (1) Control of the execution of surveillance measures and obligations provided in the Criminal Code, which may be ordered in case of suspension of execution of sentence under supervision, of suspension of execution of sentence under supervision with the obligation of the convict to carry out community work, to postpone the application of sentence and conditional release, shall be ensured as a rule, by the judge delegated for the execution of the sentences of the court in the constituency to which the convicted person is domiciled and social reintegration and surveillance counselors. (2) During the suspension of the execution of the sentence under supervision, the suspension of the execution of the sentence under supervision with the obligation of the convict to perform a community service, the postponement of the application of the sentence or conditional release, person convicted or, as the case may be, the defendant can seek assistance and advice, which is granted, according to the law, by social reintegration and surveillance counselors + Article 22 Complaint of the court in case of non-compliance with supervisory measures and obligations ordered by the court In case of non-compliance with the surveillance measures or obligations provided for in the Criminal Code, ordered in case of suspension of execution of the sentence under supervision or suspension of execution of the sentence under supervision with the obligation of a community service, the judge delegated for the execution of penalties, ex officio or at the request of social reintegration and supervisory counselors, seizes the court in order to revoke the suspension or extension of the term test with no more than 3 years. + Article 23 Report of the Judge Delegate for the execution of penalties on compliance with surveillance measures and obligations ordered in case of postponement of punishment In case of postponement of the application of the sentence, on the date fixed by the court, the judge delegate for and the social reintegration and supervisory counselors present a joint report on the execution of the sentences the way the defendant complied with the measures Supervision and obligations provided for in the Criminal Code, ordered in case of postponement of punishment. + Article 24 Supervisory measures and obligations to the minor Art. 21 21-23 shall apply accordingly in the case of surveillance measures and obligations ordered against the minor in the case of conditional suspension of the execution of the sentence, suspension of the execution of the sentence under supervision and postponement of application punishment. + Title IV Execution of the main custodial sentences + Chapter I Organisation of the execution of custodial sentences + Article 25 Prisons (1) The main custodial sentence of the prison, the strict prison, severe detention and life imprisonment are executed in specific places, called penitentiaries. (2) The prisons are established by Government decision, have legal personality and are subordinated to the National Administration of Prisons. ((3) The organization and functioning of prisons shall be established by regulation, approved by order of the Minister of Justice, which shall be published in the Official Gazette of Romania, Part I, and on the website of the Ministry of Justice and Administration National Prisons. (4) Within the penitentiaries can be established, by decision of the Director General of the National Administration of Prisons, inner or outer sections of penitentiaries, in relation to the regimes for the execution of custodial sentences freedom, the categories of convicted persons and the special protection needs of certain categories of convicted persons. + Article 26 Special prisons (1) For certain categories of persons convicted of custodial sentences, special penitentiaries may be established, under the conditions of art. 25 25 para. ((2). (2) The special prisons are: a) juvenile penitentiaries; b) prison for women; c) prison-hospital. + Article 27 Special Preventive Arrest Sections (1) Special preventive arrest sections may be set up within the penitentiaries, by decision of the Director General of the National Administration of Prisons. (2) Only persons convicted by a final judgment of a custodial sentence, who are investigated under arrest in another case, as well as arrestees, may be held in the special preventive detention facilities in prisons. Preemptively pending trial. + Article 28 Commission for the personalization of the regime for the execution of custodial sentences In each penitentiary is a commission for the personalization of the regime of execution of custodial sentences, made up of: the ruler the penitentiary, its deputy responsible for the application of the detention regime, the prison doctor, a social reintegration and surveillance adviser, a representative of the socioeducational compartment and the safety compartment of the Possession. + Article 29 National Administration of Prisons (1) The National Administration of Prisons is the public institution with legal personality, subordinated to the Ministry of Justice, aimed at coordinating the activity of prisons. (2) The organization, functioning and tasks of the National Administration of Prisons shall be established by Government decision. (3) The management of the National Administration of Prisons is provided by a general manager, appointed by order of the Minister of Justice. (4) The Director General of the National Administration of Prisons has the status of secondary authorising officer. (5) The financing of the National Administration of Prisons is ensured from its own income and subsidies granted from the state budget. + Article 30 Prison safety (1) The National Administration of Prisons has the obligation to take the necessary measures for the safety of prisons, as well as measures to guard, surveillance and escort persons sentenced to custodial sentences. (2) The necessary measures for the safety of prisons are established by regulation approved by order of the Minister of Justice. ((3) The prisons must have the facilities, devices, personnel and means necessary for the supervision and control of the perimeters, interior spaces and access routes, as well as the necessary armaments and ammunition. (4) In case of events that disturb the public order and tranquility within the penitentiaries or endanger the life or bodily integrity of persons or the security of the goods and which exceed the intervention possibilities of the Administration National of Prisons, the support of the Ministry of Administration and Interior can be requested. + Article 31 Protection of witnesses serving custodial sentences The National Administration of Prisons and the Prison Administration are required to ensure, under the law, the protection and assistance of the endangered witness and the protected witness serving a custodial sentence. freedom. + Chapter II Regimes for the enforcement of custodial sentences + Article 32 General provisions on regimes for the enforcement of custodial sentences (1) The rules for the execution of custodial sentences include the set of rules which are the basis for the execution of custodial sentences. (2) The regimes for the execution of custodial sentences are based on the progressive system, the convicted persons having the possibility, under the conditions provided by this law, to pass from one regime to another. (3) Regimes for the execution of custodial sentences must ensure respect and protection of the life, health and dignity of persons deprived of liberty, their rights and freedoms, without causing physical suffering, nor to demean the condemned person. + Article 33 The way of the regimes for the execution of custodial sentences (1) The regimes for the execution of custodial sentences are: a) the maximum safety regime; b) the closed regime; c) the semideschis regime; d) the open regime. (2) The regimes for the execution of custodial sentences shall be differentiated in relation to the degree of limitation of freedom of movement of convicted persons, the conduct of activities and conditions of detention. + Article 34 Maximum safety regime (1) The maximum safety regime applies to persons sentenced to the punishment of life and persons sentenced to the punishment of severe detention. (2) The convicted persons serving the maximum safety sentence are subject to strict security, supervision and escorting measures, are accommodated, as a rule, individually, provide work and carry out socio-educational activities in small groups, in specific spaces established inside the penitentiary, under continuous supervision. (3) During the execution of the maximum safety sentence, the convicted persons wear a distinct penitentiary costume. + Article 35 Closed regime (1) The closed regime applies to persons convicted of imprisonment of strict imprisonment of more than 5 years. (2) The closed regime may also apply to persons sentenced to the sentence of life imprisonment, after the effective execution of at least 12 years of detention as a maximum safety, as well as to persons sentenced to the punishment of severe detention, after the effective execution of at least one third of maximum safety detention. (3) The convicted persons serving the suspended sentence are accommodated, as a rule, in common, provide work and carry out socio-educational activities in groups, inside the penitentiary, under guard and supervision. (4) The convicted persons serving the sentence in prison may also perform outside the penitentiary, under guard and continuous supervision, with the approval of the prison leader. (5) During the execution of the closed sentence, the convicted persons wear a distinct penitentiary costume. + Article 36 Semideschis regime (1) The semideschis regime shall apply to persons sentenced to the sentence of strict imprisonment not exceeding 5 years. (2) The semideschis regime may also apply to persons sentenced to the sentence of strict imprisonment of more than 5 years, as well as to the persons referred to in art. 35 35 para. (2), who still have to execute no more than 2 years until the sentence of the sentence provided in the Criminal Code for conditional release. (3) The convicted persons serving the semideschis sentence are jointly accommodated, may move unaccompanied inside the penitentiary, perform the work and carry out the socio-educational activities, under supervision, in groups, in spaces of inside the penitentiary that remain open during the day. (4) The convicted persons serving the semideschis sentence may also perform outside the penitentiary, under supervision. (5) During the execution of the semideschis sentence, the convicted persons wear a distinct penitentiary costume. + Article 37 Open regime (1) The open regime shall apply to persons convicted of imprisonment. (2) The open regime may apply to persons convicted of crimes committed during the minority, as well as to convicted persons who still have to execute at most one year until the sentence of the sentence provided in the Criminal Code for parole. (3) The convicted persons serving the open-duty sentence may perform the work and carry out the socio-educational activities outside the penitentiary, under supervision. (4) During the execution of the open sentence, convicted persons shall wear a civil suit. + Article 38 Regime change for the enforcement of custodial sentences ((1) The change of the regime for the execution of custodial sentences shall be ordered by the judge in whose constituency the penitentiary is located, at the request of the convicted person or at the referral of the judge delegated for the execution of the penalties, taking into account the report of the commission for the customisation of the enforcement regime for custodial sentences. ((2) The change of the procedure for the execution of custodial sentences may be ordered if the following conditions are met: a) the convicted person effectively executed the part of the sentence provided in art. 35 35 para. (2) or, as the case may be, shall have to execute the part of the sentence provided for in 36 36 para. (2) or in art. 37 37 para. (2) until the sentence of the sentence provided in the Criminal Code for conditional release or committed acts or acts that make it incompatible with the regime of execution of custodial sentences closed, semideschis and open; b) the report of the commission (1) finds that the good conduct of the convicted person allows the change of the regime in which it executes the custodial sentence, the convicted person has made serious efforts for social reintegration, especially within the activity socio-educational, school training and vocational training or that through its conduct seriously affect normal living in penitentiary or its safety, it is necessary to change the regime; c) the convicted person has committed serious disciplinary violations, consisting of acts or acts that affect the normal cohabitation in the penitentiary or its safety and make it incompatible with the regime of execution of custodial sentences, semideschis and open. (3) The regime established for the situation referred to in paragraph ((2) lit. c) may not be more severe than the one originally decided by the court by pronouncing the custodial sentence. (4) The court orders the change of the regime for the execution of penalties, after hearing the convicted person. (5) Provisions art. 460 460 para. 1 and para. 3-6 of the Code of Criminal Procedure shall apply accordingly. (6) When the court finds that the conditions for changing the regime for the execution of custodial sentences are not met, the rejection decision fixes the deadline after the expiry of which the application or referral can be renewed, that can't be more than a year old. (7) The judgment of the Court may be appealed. + Article 39 Personalization of the regime for the execution of custodial sentences (1) The customization of the regime for the execution of custodial sentences is established by the commission for the personalization of the regime of execution of custodial sentences, depending on the crime committed, the duration of the sentence applied, the state of relapse, conduct, personality, age, state of health and possibilities of social reintegration of the convicted person. (2) The convicted person shall be included, taking into account the criteria set out in paragraph (1), in programmes aimed mainly at: a) the conduct of socio-educational activities, the provision of psychological assistance and counseling, the provision of counseling and assistance in order to take up a job or to carry out a professional activity after the release; b) school instruction; c) vocational training. (3) The programs provided in par. (2) are carried out by the socio-educational compartments of prisons, with the participation of social reintegration and surveillance counselors, volunteers, associations and foundations, as well as other representatives of civil society. (4) For each convicted person, a plan of evaluation and socio-educational intervention by the department with attributions in this field within the penitentiary shall be drawn up. + Article 40 Personalization of the regime for the execution of custodial sentences in the case of minors (1) The minors in the execution of a custodial sentence are included, during the execution of the sentence, in special programs of assistance, counseling and supervision of minors, depending on the age and personality of each. (2) The special programs provided in par. (1) are carried out by the socio-educational compartments of prisons, with the participation of social reintegration and surveillance counselors, volunteers, associations and foundations, as well as other representatives of civil society. (3) Provisions art. 39 39 shall apply accordingly in the case of convicted persons referred to in paragraph 1. ((1). + Chapter III Conditions of detention + Article 41 Receipt of convicted persons (1) The receipt in the penitentiary of convicted persons shall be made on the basis of the mandate of execution of the custodial sentence, after their identity is established. (2) The convicted persons are received with the individual files drawn up by the enforcement bodies of the mandate of execution of custodial sentences. (3) The reception of convicted persons is made in specially arranged spaces, the women being separated from men, and the minors being separated from the majors. (. Immediately after receipt, the convicted person shall be allowed to communicate to the family, lawyer or other person the place where he is held and to change it. (5) The communication referred to in paragraph (4) shall be made in writing or by telephone, free of charge. + Article 42 Place of execution of custodial sentences (1) The execution of the prison sentence is done in prisons specifically intended or in special wards of the other penitentiaries. (2) The execution of the strict prison sentence is done in prisons specifically intended. (3) Detention for life and severe detention shall be carried out in prisons specifically intended or in special wards of the other penitentiaries. + Article 43 Transfer of convicted persons (1) The transfer of persons convicted to another penitentiary, following the change of the regime for the execution of custodial sentences or for other valid reasons, is ordered, on the proposal of the commission for the personalization of the regime of execution of custodial sentences or at the request of the convicted person, with the opinion of the commission for the personalization of the regime of execution of custodial sentences, by the Director General of the National Administration of Prisons. (2) The transfer of persons convicted to another penitentiary, if necessary to the activity of a judicial body, shall be ordered by the Director General of the National Administration of Prisons, at the request of the judicial body. + Article 44 How to execute custodial sentences (1) Women sentenced to custodial sentences serve the sentence separately from male convicts. (2) Minors sentenced to custodial sentences serve the sentence separately from major convicts or in special holding places. + Article 45 Accommodation of convicted persons (1) The convicted persons are accommodated individually or jointly. (2) Accommodation rooms and other rooms intended for convicted persons must have natural lighting and facilities necessary to ensure adequate artificial lighting. (. Each person convicted shall be provided with a bed. + Article 46 Held by convicted persons (1) The convicted persons shall wear a prison suit appropriate to the season and activities they carry out. The prison suit cannot be degrading or humiliating. (2) In relation to the regime for the execution of custodial sentences, convicted persons may wear a civil suit throughout the day. + Article 47 Nutrition of convicted persons (1) The administration of each penitentiary shall ensure adequate conditions and personnel necessary for the preparation, distribution and service of food, according to the food hygiene norms. (2) The minimum mandatory food rules shall be established by order of the Minister of Justice. + Article 48 Refusal of food (1) If a person sentenced to a custodial sentence refuses to receive food, the head of the penitentiary is required to hear it immediately and to request a written declaration, in order to know the reasons that have determined to take this decision and to establish the first measures to resolve the situation. ((. The exit from the refusal of food shall be recorded in a written declaration. (3) The statements provided in par. ((1) and (2) shall be submitted to the judge delegate for the execution of the punishments, which shall hear the (4) The prison leader shall take measures for the convicted person, who refuses to receive food, to be separated from the other convicted persons, under the permanent supervision of the doctor, who provides the convicted person with medical assistance proper, so that its life is not endangered. + Article 49 Immobilisation of convicted persons Convicted persons may be temporarily restrained by means of endowment: a) for medical reasons, on the reasoned proposal of the specialized doctor; b) to interrupt the actions of personal injury of another person or to destroy some goods; c) to prevent escape during transfer, in duly justified cases. + Chapter IV Rights and obligations of persons in the execution of custodial sentences + Article 50 Exercise of the rights of persons sentenced to custodial sentences (1) The exercise of the rights of persons sentenced to custodial sentences can only be restricted within the limits and under the conditions provided by this law, the Code of Criminal Procedure and other laws. (2) Against the measures regarding the exercise of the rights provided for in this chapter, taken by the administration of the penitentiary, persons sentenced to custodial sentences may complain to the judge delegated for the execution of punishments. (3) The convicted person is compulsorily heard by the judge delegated for the execution of the penalties. (4) The judge delegate for the execution of the penalties, settling the complaint, pronounces one of the following a) admits the complaint and orders the cancellation, revocation or modification of the measure taken by the prison administration; b) reject the complaint, if it is unfounded. (5) Against the decision of the judge delegated for the execution of penalties, the convicted person may enter an appeal to the court in whose constituency the penitentiary is located, within 5 days of the communication of the decision. + Article 51 Ensuring respect for the rights of persons in the execution of custodial sentences (1) The observance of the rights provided by law for persons in the execution of penalties is provided by the judge delegated for the execution of penalties. (2) Representatives of non-governmental organizations carrying out activities in the field of human rights protection can visit prisons and make contact with persons in the execution of custodial sentences freedom, with the consent of the Director-General of the National Administration of (3) The meetings between representatives of non-governmental organizations provided in par. (2) and persons in the execution of custodial sentences are carried out under conditions of confidentiality, under visual supervision. + Article 52 Freedom of conscience and freedom of religious beliefs (1) The freedom of thought and opinions, as well as the freedom of religious beliefs of persons in the execution of custodial sentences cannot be restricted. (2) The convicted persons are entitled to freedom of religious beliefs, without prejudice to the freedom of religious beliefs of the other convicted persons. (3) The convicted persons may participate, on the basis of free consent, in religious services or meetings organized in penitentiaries and may procure and hold religious publications, as well as objects of worship. + Article 53 Right to information (1) The right of persons sentenced to custodial sentences to access information of public interest cannot be restricted. (2) The access of persons convicted to custodial sentences to information of public interest is carried out under the law. (3) The National Administration of Prisons has the obligation to take all necessary measures to ensure the application of the legal provisions on free access to information of public interest for persons in the execution of penalties deprivation of liberty. (4) The right of persons in the execution of custodial sentences to information of public interest is also carried out through publications, radio and television broadcasts or any other means authorized by the prison administration. + Article 54 Measures to ensure access to legal provisions and documents on the execution of custodial sentences (1) The provisions of the Criminal Code relating to the execution of custodial sentences, the present law and the Law no. 544/2001 on free access to information of public interest and of Government Decision no. 123/2002 for the approval of the Methodological Norms Law no. 544/2001 on free access to information of public interest, as well as the provisions of the orders issued under this law and the rules of interior order of the penitentiary are brought to the attention of persons sentenced to custodial sentences freedom or are made available to them, in Romanian or in the language they understand, immediately after receiving in the penitentiary. ((2) The texts of the legal provisions referred to in paragraph (1) shall be made available to persons in the execution of custodial sentences, in penitentiaries, in accessible places. (3) In the case of persons convicted of custodial sentences who have impaired communication, bringing to the attention of the legal provisions referred to in par. (1) is carried out by using ways to allow their understanding. (4) Bringing the provisions of par. ((1) and (3) shall be recorded in a minutes. + Article 55 Right of Petitioner (1) The right of petition of persons in the execution of custodial sentences is guaranteed. (2) The form and content of the petition can only be modified by the person in the execution of the custodial sentence. ((3) Petitions and their response are confidential and may not be opened or retained. (4) For the purposes of this Law, the term petition includes any request or referral to public authorities, public institutions, judicial bodies, courts or international organizations whose competence is accepted or recognized by Romania. + Article 56 Right to correspondence (1) The right to correspondence of persons in the execution of custodial sentences is guaranteed. (2) The form and content of correspondence can only be modified by the person in the execution of the custodial sentence. (3) The correspondence is confidential and may not be opened or retained except within the limits and conditions provided by law. ((4) In order to prevent the introduction into the penitentiary, by means of correspondence, drugs, toxic substances, explosives or other such objects whose possession is prohibited, correspondence may be opened, without being read, in presence of convicted person. (5) The correspondence may be opened and retained if there are strong indications of the commission of a crime. The person in the execution of the custodial sentence is notified, in writing, immediately, of the taking of these measures, and the detained correspondence ranks in a special case that is preserved by the administration of the penitentiary. (6) Opening and retaining correspondence, according to the provisions of par. ((5), may be made only on the basis of the provisions issued, in writing and motivated, by the head of the penitentiary. ((7) Provisions of para. ((4) and (5) shall not apply to correspondence with the defender or non-governmental organisations operating in the field of human rights protection. + Article 57 Measures to ensure the exercise of the right to petition and the right to correspondence (1) In order to ensure the exercise of the right to petition and the right to correspondence, the prison leader has the obligation to take the necessary measures for the installation of mailboxes inside the penitentiary. ((2) Petitions and correspondence are collected by the staff of the postal service provider, who are provided with access inside the penitentiary. (3) The staff of the postal service provider shall be accompanied inside the penitentiary by a specific person designated by the prison leader. (4) The response to petitions and correspondence addressed to persons in the execution of custodial sentences shall be handed over, immediately, to the consignee, under signature. (5) The expenses occasioned by the exercise of the right to petition and the right to correspondence shall be borne by persons in the execution of custodial sentences. If these persons do not have the necessary funds, the expenses for the exercise of the right of petition through requests and referrals addressed to the judicial bodies, courts or international organizations whose competence is accepted or recognized by Romania and those for the exercise of the right to correspondence with the family and the defender are borne by the prison administration. + Article 58 Right to phone calls (1) Persons in the execution of custodial sentences have the right to make telephone calls from public cell phones installed in prisons. Phone calls are confidential. (2) In order to ensure the exercise of the right to telephone conversations, the head of the penitentiary has the obligation to take the necessary measures for the installation of public phones with the card inside the penitentiary. (3) The number, periodicity and duration of telephone calls which may be made by persons in the execution of custodial sentences shall be determined by the administration of the penitentiary, depending on the number of persons held and the Public telephone stations installed. (4) The expenses occasioned by the making of telephone conversations shall be borne by persons in the execution of custodial sentences. + Article 59 Right to receive visits 1) Persons in the execution of custodial sentences have the right to receive visits, in specially arranged spaces, under the visual supervision of the staff of the prison administration. (2) Visiting persons are subject to specific control. (3) The duration and periodicity of the visits shall be established by order of the Minister of Justice, published in the Official Gazette of Romania, Part I. (4) Persons in the execution of custodial sentences have the right to receive, at any time, under conditions of confidentiality, visits of the defender. + Article 60 Right to receive goods (1) Persons in the execution of custodial sentences have the right to receive property. (2) The number and weight of packages which may be received by persons in the execution of custodial sentences, as well as the goods which may be received, kept and used by these persons shall be established by order of the Minister of Justice, which is published in the Official Gazette of Romania, Part I. (3) Persons in the execution of custodial sentences may receive amounts of money, which shall be recorded in the nominal accounting sheet. ((4) The quotations from the amounts of money due to persons in the execution of custodial sentences for the work performed, the amounts received from natural or legal persons during the execution of the sentence and the amounts on them upon receipt in penitenciar can be used for the exercise of the right of petition, the right to correspondence and the right to telephone conversations, for the medical examination provided in art. 62 62 para. ((4), for the purchase of goods, family support or other such purposes, for the repair of damage caused to the goods provided by the prison administration and for the payment of transport to the home to release. + Article 61 Right to healthcare (1) The right to healthcare of persons in the execution of custodial sentences is guaranteed. (2) Medical care in prisons shall be ensured whenever necessary or upon request, with qualified personnel, free of charge, according to the law. (3) Persons in the execution of custodial sentences shall enjoy free medical and medical treatment. + Article 62 Medical examination (1) The medical examination of persons sentenced to custodial sentences shall be carried out upon receipt in penitentiaries and, during the execution of the sentence, periodically. (2) The medical examination is carried out under conditions of confidentiality. (3) The doctor who carries out the medical examination has the obligation to refer the matter to the prosecutor if he finds that the convicted person has been subjected to torture, inhuman or degrading treatment or to other ill-treatment, as well as the obligation to record in the medical record the findings and statements of the person convicted in connection with them. (4) In the cases provided in par. (3), the person sentenced to a custodial sentence has the right to ask to be examined, at the place of possession, by a doctor outside the prison system, designated by him or by a coroner. The findings of the doctor outside the prison system are recorded in the medical record of the convicted person, and the forensic certificate is attached to the medical record, after the convicted person became aware of his content, under signature. (5) The expenses occasioned by the medical examination provided in par. ((4) shall be borne by the applicant. + Article 63 Medical assistance in special cases (1) Women sentenced to custodial sentences who are pregnant benefit from prenatal and postnatal care, taking measures for the birth to take place outside the penitentiary. The prison administration shall take measures to ensure that the person sentenced, at his request, can care for their child until the age of 12 months. ((2) At the age of 12 months or before, the child may be given in care, with the consent of the mother, family or person indicated by her. ((3) If the child cannot be given in the care of the family or person indicated by the mother, the child may be entrusted for the duration of the mother's detention, with her consent, to a specialized institution, with the notification of the authorities Child protection skills. + Article 64 Right to diplomatic assistance (1) Persons sentenced to custodial sentences who have a nationality other than the Romanian one have the right to address diplomatic or consular representations in Romania of the state whose citizens are and to be visited by officials of these diplomatic or consular representations. (2) The prison administration has the obligation to cooperate with the institutions provided in par. (1) for the realization of the diplomatic assistance of convicted persons. (3) Persons sentenced to custodial sentences, with the status of refugees or stateless persons, as well as convicted persons who have a nationality other than the Romanian one, whose state is not represented diplomatically or consular in Romania, may request the administration of the penitentiary shall contact the competent national or international authority and be visited by its representatives. + Article 65 Right at the conclusion of a marriage (1) Persons in the execution of custodial sentences are entitled to the conclusion of a marriage in penitentiary, under the law. (2) The prison administration has the obligation to ensure the conditions necessary to conclude the marriage. (3) After the end of the marriage the spouses may remain in the penitentiary, in a separate room, for 48 hours, with the consent of the prison leader. (4) In the marriage certificate, at the place of the conclusion of the marriage, the locality in whose territorial area the penitentiary is located. (5) The convicted persons serving the sentence in semideschis or open regime may conclude the marriage in the locality where they reside or in the locality in whose territorial area the penitentiary is located, with the consent of the penitentiary leader, and may receive for this purpose an invocation of up to 5 days. + Article 66 Obligations of convicted persons (1) Persons sentenced to custodial sentences have the following obligations: a) to comply with the provisions of this law, the regulation of application of its provisions and the rules of interior order of the penitentiary, after bringing them to the attention of art. 54 54; b) comply with the rules of collective and individual hygiene; c) submit to the body search whenever this measure is necessary; d) to properly maintain the goods entrusted by the administration of the penitentiary and the goods from the endowment of the units where he performs the work. (2) Persons sentenced to custodial sentences are civil, material, disciplinary or criminal, as the case may be, for acts committed during the execution of custodial sentences, according to the law. + Article 67 Rights and obligations of persons admitted to re-education centres. The provisions of this Chapter shall apply accordingly to persons admitted to re-education centres + Chapter V Work performed by persons sentenced to custodial sentences + Article 68 General provisions on work performed (1) The work performed by persons sentenced to custodial sentences is remunerated, except for the household activities necessary for the penitentiary or carried out for the benefit of the community. (2) Persons sentenced to custodial sentences who are able to work, with their consent, may perform a work in relation to their qualification and skills, as well as non-qualified activities. (3) The legal provisions relating to the protection of work shall apply accordingly. (4) The convicted person who, during the execution of his sentence, has become incapable of work following an accident or a professional illness benefits from invalidity pension under the law. ((5) Diplomas, certificates or any other documents certifying the appropriation of a trade, qualification or professional retraining in the course of the execution of the sentence shall be recognised, under the law, by the Ministry of Labour, Social Solidarity and Family or Ministry of Education and Research. + Article 69 Work performed in special cases Women sentenced to custodial sentences who are pregnant, those who gave birth during detention and have in care children up to 12 months of age, as well as minors sentenced to custodial sentences cannot provide work. during the night or in harmful, dangerous times that pose a degree of risk to the health or integrity of convicted persons or to the development of convicted minors. + Article 70 Duration of work (1) The duration of work performed by persons sentenced to custodial sentences is 8 hours per day and not more than 40 hours per week. (2) For the persons referred to in art. 69, the duration of the working day cannot exceed 6 hours per day and 30 hours per week. (3) Persons sentenced to custodial sentences, based on their written agreement, may provide work in the program of 10 hours per day and no more than 50 hours per week, giving them due money rights for this program. work. (4) Work during the night may be performed with the written consent of the convicted persons, but not more than 7 hours per night and 35 hours per week. (5) Sentenced persons shall enjoy at least one day per week for rest. + Article 71 Labour provision regime (1) The work of persons sentenced to custodial sentences in penitentiaries shall be carried out: a) in the regime of provision of services for economic agents, natural persons or legal persons, inside or outside the penitentiary; b) in its own direction; c) in the interest of the penitentiary, for household activities necessary for the penitentiary; d) for community service. (2) The prison administration may conclude service contracts with economic agents, individuals or legal entities, interested in the use of convicted persons at work. + Article 72 Payment of work (1) The income earned by persons sentenced to custodial sentences for the work performed does not constitute salary income and is taxed according to the legal provisions governing the imposition of income made by persons physical. ((2) The incomes made by persons convicted of the work performed are at the level of salaries in the budget sector for the same activity, in relation to the work schedule and the complexity of the works carried out. (3) The incomes achieved may not be less than the minimum wage, in relation to the work programme. + Article 73 Distribution of income (1) The incomes provided in art. 72 shall be collected by the administration of the penitentiary in which the convicted person executes the custodial sentence and is assigned as follows: a) 30% of the income lies with the convicted person, who can use during the execution of the sentence 90% of it, and 10% is recorded in his name, and will be collected, together with the possible related interest, at the time of release; b) 70% of the income lies with the National Administration of Prisons, constituting its own income that is collected, accounted for and used according to the legal provisions on public finances. (2) If the person sentenced to a custodial sentence was ordered to pay civil compensation, which was not paid until the date of receipt in the penitentiary, a share of 50% of the percentage provided in par. ((1) lit. a) is used to repair damage caused to the civil party. + Article 74 Damage recovery (1) Persons in the execution of custodial sentences shall be liable for damages caused by their fault at the place of detention or at work. (2) The damage caused at the place of detention shall be repaired on the basis of the imputation order issued by the prison leader. The order is enforceable. (3) Against the order of imputation, the convicted person may appeal, within 30 days from the date of his receipt, to the court in the constituency to which the penitentiary is located. (4) The convicted persons do not respond to the damage caused by the normal use of the goods entrusted for use or for those arising from the normal risk of labor. + Chapter VI Socio-educational activities, school training and vocational training of persons sentenced to custodial sentences + Article 75 Socioeducational activities (1) Socio-educational activities, the provision of psychological assistance and counselling, the provision of advice and assistance with a view to employment or the pursuit of a professional activity after the release are organised in each penitentiary and aim at the social reintegration of persons sentenced to custodial sentences. (2) A library operates in each penitentiary. The book fund is provided by the National Administration of Prisons, from its own income, sponsorships and donations. + Article 76 School Training (1) In prisons, tuition courses are organized for primary, secondary and high school. (2) The courses of schooling of persons sentenced to custodial sentences shall be organized and carried out under the conditions established by the Ministry of Education and Research together with the Ministry of Justice, with assured teaching staff and salarized by the school inspectorate in whose territorial area the penitentiary is located. (3) In diplomas no mention is made of the completion of the courses in possession. (4) Persons sentenced to custodial sentences may attend university courses in reduced frequency form. (5) The expenses related to school training are borne by the Ministry of Education and Research and the National Administration of Prisons, and in the case of university education courses, convicted persons or other individuals or legal. + Article 77 Vocational training (1) The professional training of persons sentenced to custodial sentences is carried out through qualification courses and their retraining, depending on their options and skills. ((2) The courses shall be organized at the establishments operating within the penitentiaries or at establishments established for this purpose by agreements concluded between the administration of the penitentiary and each individual unit. (3) The expenses related to vocational training shall be borne by the Ministry of Education and Research, the Ministry of Labour, Social Solidarity and Family, National Administration of Prisons, convicted persons or other individuals or legal. + Article 78 School training and vocational training for minors (1) Minors sentenced to custodial sentences are provided with conditions for carrying out their studies and for the acquisition of a professional qualification, depending on their options and skills. (2) Expenses related to school training and vocational training of persons referred to in par. (1) are borne by the Ministry of Education and Research, by the Ministry of Labour, Social Solidarity and Family and by the National Administration of Prisons. + Chapter VII Rewards and disciplinary sanctions + Section 1 Rewards + Article 79 How to reward (1) Persons sentenced to custodial sentences, who have good conduct and have made serious efforts for social reintegration, especially in the framework of socio-educational work, school training and vocational training, can be found. awards the following rewards a) entrusting a responsibility within the activities provided for in art. 75 75; b) supplementing the rights to packages and visits; c) permission to exit the penitentiary for a day; d) permission to exit the penitentiary for a duration of no more than 5 days; e) permission to exit the penitentiary for a period of no more than 10 days. (2) The rewards provided in par. ((1) lit. a)-c) may be granted by the head of the penitentiary, on the proposal of the commission for the customization of the regime for the execution of custodial sentences, and the rewards provided in par. ((1) lit. d) and e) may be granted by the Director General of the National Administration of Prisons, on the proposal of the commission for the personalization of the regime for the execution of custodial sentences. + Article 80 Permission to exit the penitentiary (1) The permission to exit the penitentiary may be granted under the conditions of art. 79, in the following cases: a) the presentation of the convicted person in order to fill a job after the release; b) the support of an examination by the convicted person; c) maintaining the family relations of the convicted person; d) the preparation of the convicted person's social reintegration; e) the participation of the person convicted in the interment of a family member-spouse, children, parents-or for the resolution of other serious situations, family or otherwise. (2) The Permission of exit from the penitentiary for the duration of a day may be granted to convicted persons serving custodial sentences in closed regime after serving half of the duration of the execution of the sentence. (3) The Permission of exit from the penitentiary for a duration of no more than 5 days may be granted to convicted persons serving custodial sentences in semideschis regime, after serving half of the duration of the execution of the sentence. (4) The permission to exit the penitentiary for a period of no more than 10 days may be granted to convicted persons serving custodial sentences in open regime. (5) Permission of exit from the penitentiary, for the cases provided in par. ((1) lit. e), may be granted, exceptionally, for a duration of no more than 5 days, to all convicted persons, regardless of the duration executed from the sentence, if they meet the conditions provided by art. 79 79 para. ((1). + Section 2 Misconduct and disciplinary sanctions + Article 81 Disciplinary misconduct (1) The following acts constitute disciplinary misconduct: a) present in prohibited areas or at hours not allowed in certain areas of the penitentiary or non-compliance with the time of return to the penitentiary; b) Disorder in any way the socioeducational programs that run in the penitentiary; c) purchase or possession of money, goods or other values, under conditions other than those provided by law; d) non-compliance with collective or individual hygiene rules; e) communication with the outside in other conditions and by means other than those provided by law; f) the use under conditions other than those provided by law of the goods provided by the administration of the penitentiary; g) non-compliance with any obligation incumbent upon the person sentenced to the execution of a custodial sentence according to the provisions of this law, the regulation of application of its provisions and of the order regulation inside the penitentiary, after bringing them to the attention according to art. 54, if it is likely to prejudice the order or safety of the penitentiary; (2) The disciplinary liability does not exclude the criminal or civil liability of convicted persons. (3) For the facts that, according to the criminal law, constitute crimes, the personnel of the prison administration have the obligation to refer the criminal prosecution bodies. In this case, one of the penalties provided for in art. 82. + Article 82 Disciplinary sanctions (1) The sanctions that may be applied in case of disciplinary misconduct are: a) the warning; b) the suspension of the right to participate in cultural, artistic and sports activities, for a period of no more than one month; c) suspension of the right to provide work, for a period of no more than one month; d) suspension of the right to receive goods for a period of no more than 2 months; e) the suspension of the right to buy goods, except those necessary for individual hygiene, the exercise of the right to petition and the right to correspondence, for a period of no more than 2 months; f) suspension of the right to receive visits, for a period of no more than 3 months; g) isolation for up to 10 days. (2) The application of disciplinary sanctions cannot restrict the right to defence, the right to petition, the right to correspondence, the right to healthcare, the right to food, the right to light and the right to daily walk. (3) The limits of the disciplinary sanctions provided in par. ((1) lit. b)-f) are reduced by half in the case of minors. (4) The sanctions provided in par. ((1) lit. d)-f) does not apply to pregnant women or those who care for children up to 12 months of age. (5) The disciplinary sanction provided in par. ((1) lit. g) cannot be applied to minors, pregnant women or women who have in care children up to 12 months of age. (6) The disciplinary sanction provided in par. ((1) lit. g) can only be applied with the doctor's opinion. The penitentiary doctor visits daily and whenever it is necessary the convicted persons who execute this disciplinary sanction. (7) Sanctions of a collective nature and bodily sanctions are prohibited. (8) The means of immobilization, as well as any degrading or humiliating means, cannot be used as a disciplinary sanction. + Article 83 Finding of disciplinary misconduct (1) disciplinary misconduct shall be found by the staff of the prison administration and shall be recorded in an incident report. (2) The incident report shall be submitted to the head of the penitentiary, within 24 hours from the date of finding the deviation. (3) Failure to comply with the deadline provided in paragraph (2) may attract a disciplinary action against the staff of the prison administration responsible for non-compliance with the term. + Article 84 Disciplinary procedure (1) The disciplinary procedure shall be triggered by the prison leader, who shall refer the matter to the discipline committee (2) The discipline commission is made up of the deputy head of the penitentiary responsible for the application of the holding regimes, as president, head of the socioeducational service and a psychologist or social worker or educator instead of holding, as members. (3) The head of the penitentiary shall designate, within 5 days, a person from the prison staff to carry out the prior research, which, within 10 days after the referral, presents to the discipline commission its results and his proposals. (4) The discipline commission, after hearing the convicted person and any other person with knowledge of the circumstances in which the act was committed, applies, by written decision, one of the disciplinary sanctions or, as the case may be, classes Disciplinary research file. (5) When establishing the disciplinary sanction, account is taken of the gravity of the deviation, the person of the convict, the disciplinary deviations committed previously, the attitude of the person convicted after the misconduct and during the disciplinary procedure. (6) The disciplinary sanctions applied shall be entered in a special register, and the decisions of the discipline committee shall be included in the individual case of the convicted person. (7) If, during the disciplinary procedure, the discipline commission becomes aware of the commission of a crime, it shall notify the competent prosecution body. + Article 85 Complaint against the Disciplinary Board (1) Against the judgment of the discipline commission, by which a disciplinary penalty has been imposed, the convicted person may complain within 48 hours of the communication of the ruling of the prison driver, who is obliged to settle within 3 days. (2) Against the judgment of the prison leader, the convicted person may complain within 48 hours of communication, to the judge delegated for the execution of the sentence. ((. The complaint shall be settled within 5 days of its introduction. (4) The convicted person is compulsorily heard at the trial of the complaint. (5) The judgment of the judge delegate for the execution of the penalties + Chapter VIII Conditional release of conditional release + Article 86 Conditions for granting (1) The convict who is arousing in work, disciplined and gives thorough evidence of correction, taking into account the duration of the sentence that remains to be executed, the age, the state of health, the form of guilt and his criminal history, may be Conditional release before the full execution of the sentence, under the terms of the Criminal Code. (2) During the conditional release, the court may compel the convict to submit to the surveillance measures provided for in the Criminal Code. + Article 87 Part of the term of the sentence which can be considered as executed on the basis of work ((1) The punishment which may be considered as executed on the basis of the work performed, in order to grant conditional release, shall be calculated as follows: a) if the work is paid, it is considered 5 days executed for 4 days of work, in the case of major convicts and 4 days executed for 3 days of work, in the case of juvenile convicts; b) in the case of household activities necessary for the penitentiary, as well as for those provided for the benefit of the community shall be considered 4 days executed for 3 days of work, in the case of major convicts and 3 days executed for 2 days of work, in the case of minors; c) if the work is performed under the conditions provided for in art. 70 70 para. (3), it is considered 4 days executed for 3 days of work; d) if the work is performed under the conditions provided for in art. 70 70 para. (4), it is considered 3 days executed for 2 nights of work; e) in the case of elaboration of scientific works or patents and patented innovations, it is considered 3 days executed for 2 days of work. ((2) The reduction of the sentence fraction which can be considered as executed on the basis of the work performed cannot be revoked. + Article 88 Proposal procedure for conditional release (1) The conditional release is granted according to the procedure provided for in the Code of Criminal Procedure, at the request of the convicted person or on the proposal of the commission for the personalization of the regime of execution of custodial sentences (2) The Commission for the customisation of the procedure for the execution of custodial sentences, with the participation of the judge delegated for the execution of penalties, as president, proposes conditional release taking into account the fraction of the the sentence actually executed and the part of the sentence that can be considered as executed on the basis of the work performed, the conduct of the person convicted and its efforts for social reintegration, in particular in the course of the work socio-educational, school training and vocational training, responsibilities entrusted, by the rewards granted and by the disciplinary sanctions applied, by its criminal history, as well as by the possibilities of reintegration of the convicted person. (3) The proposal of the commission for the admission or rejection of conditional release, contained in a written and reasoned minutes, together with the documents certifying the particulars contained in the report, shall be submitted to the judge in whose constituency the the place of possession and shall be communicated to the convicted person. (4) In order to resolve the request for conditional release of the convicted person or the proposal made by the commission, the court may consult the individual case of the convicted person. + Chapter IX Documents drawn up by the prison administration + Article 89 Individual file of the convicted person (1) The prison administration shall complete for each convicted person serving a custodial sentence in the penitentiary the individual file provided for in art. 41 41 para. ((2). (. The individual file of the convicted person shall include: a) the data and identity document of the convicted person; b) front and profile photos; c) copy of the judgment on sentencing to the custodial sentence; d) the mandate to execute the sentence; e) the year, month, day and time at which the execution of the sentence began; f) criminal record; g) dactyloscopic; h) documents drawn up following medical examinations; i) the documents showing the fulfilment of the obligations provided in art. 54 54 para. ((1) or (3); j) the documents related to the measures taken by the administration of the penitentiary regarding the exercise of the rights of the person sentenced to the custodial sentence; k) documents related to the participation of the convicted person in the socio-educational activities, the school instruction and its professional training; l) documents relating to the awarding of rewards and to disciplinary sanctions applied during the execution of the custodial sentence; m) other documents drawn up during the execution of the custodial sentence concerning the regime of its execution. (3) The person sentenced to a custodial sentence and its defender have access, in the presence of the person designated by the prison leader, to the individual file. (4) The individual file may be consulted, except in situations where it is required by the authorized bodies according to the law, only with the consent of the convicted person, the judge delegated with the execution of the penalties and the general manager of the National Administration of Prisons. (5) Personal data of persons sentenced to custodial sentences are confidential, according to the law. + Article 90 Registers of persons sentenced to custodial sentences The administration of each penitentiary shall draw up the following registers concerning persons sentenced to custodial sentences: a) the register of the receipt of the convicted persons, in which the year, the month, the day and the time at which the convicted person was received in the penitentiary are recorded; b) the register of rewards granted to convicted persons; c) register of disciplinary sanctions applied to convicted persons; d) the register of the conditional release of convicted persons; e) the register of the release of convicted persons at large. + Article 91 Documents on the death of persons in the execution of custodial sentences (1) In the event of the death of a person in the execution of a custodial sentence, the head of the penitentiary shall immediately notify the delegated judge for the execution of the punishments and the Joint Commission of the Ministry The Ministry of Health for the analysis of deaths in the prison system, as well as the family of the deceased person or a person close to it. (2) The certificate of death and the minutes of the Joint Commission of the Ministry of Justice and of the Ministry of Health for the analysis of deaths in the prison system are mandatory. (3) The composition, organization and functioning of the Joint Commission of the Ministry of Justice and the Ministry of Health for the analysis of deaths in the prison system shall be established by joint order of the Minister of Justice and the Minister of Health. (4) The burial of the deceased person is carried out by the family, relatives or other persons close to it. In their absence or in case of refusal, the interment of the deceased person is made by the town hall in the locality in whose territorial area the penitentiary is located. (5) In the event of the death of the convicted person, as a result of a work accident or a professional illness occurring during the execution of the sentence, his descendants benefit from survivor's pension, according to the law. + Title V Execution of preventive measures of freedom + Article 92 Preventive detention and arrest centers and preventive arrest centers (1) Preventive detention and arrest in the course of criminal prosecution shall be carried out in detention and preventive arrest centers, which are organized and operated under the Ministry of Administration and Interior, and pre-trial detention in the course of The judgment is executed in the preventive arrest centers or in special preventive arrest wards in penitentiaries, which are organized and operated under the National Administration of Prisons. (2) The preventive detention and arrest centers shall be established by order of the Minister of Administration and Interior, and the preventive arrest centers shall be established by order of the Minister of Justice. (3) The organization and functioning of preventive detention and arrest centers, as well as preventive arrest centers shall be established by regulation approved by joint order of the Minister of Administration and Interior and the Minister of Justice. (4) The measures necessary for the safety of detention and preventive arrest centers, as well as for the safety of preventive arrest centers, shall be established by regulation approved by joint order of the Minister of Administration and Interior and of Justice Minister + Article 93 Execution of detention and preventive arrest (1) The detention is executed under the ordinance ordering the detention, according to the provisions of the Code of Criminal Procedure. (2) Preventive arrest is executed under the arrest warrant, issued according to the provisions of the Code of Criminal Procedure. (3) Receiving in detention and preventive arrest centers or in the centers of preventive arrest of persons against whom these preventive measures were ordered shall be made on the basis of the ordinance provided in par. ((1) or, as the case may be, the arrest warrant provided for in paragraph ((2), after their identity is established. (4) Preventive detention and arrest centers and preventive arrest centers are obliged to ensure the exercise of the rights provided in the Code of Criminal Procedure. (5) Title IV provisions, cap. III-VII relating to the conditions of detention, rights and obligations of convicted persons, work and socio-educational activities, reward and disciplinary sanctions shall apply accordingly, insofar as they do not contravene the provisions of provided for in this Title. (6) Persons detained or remanded in custody wear a civil suit (7) Persons remanded in custody, at their request, may perform a work or carry out socio-educational activities, inside detention and preventive arrest centres or preventive arrest centres, with the opinion of the judge delegated by execution of penalties. + Article 94 Individual case of the remanded person (1) The administration of the preventive detention and arrest center or the preventive arrest center shall complete for each person remanded in custody the individual file provided in art. 41 41 para. ((2). (2) The individual file of the remanded person includes: a) the data and identity document of the remanded person; b) front and profile photos; c) copy of the decision ordering the pre-trial detention or the extension of the preventive arrest; d) the arrest warrant; e) the year, month, day and time at which the execution of the preventive arrest began; f) criminal record; g) dactyloscopic; h) the documents drawn up following the mandatory medical examinations provided for in art. 62 62; i) the documents showing the fulfilment of the obligations provided in art. 54 54 para. ((1) or (3); j) the documents related to the measures taken by the administration of the preventive detention and arrest center or the preventive arrest center on the exercise of the rights of the remanded person; k) documents relating to the application of disciplinary sanctions during the execution of preventive arrest l) other documents prepared during the execution of the preventive arrest. (3) The person remanded in custody and its defender have access, in the presence of the person designated by the head of the detention and preventive arrest or preventive arrest center, to the individual file. (4) The court has access to the individual case of the person remanded in custody. (5) The individual file may be consulted, except in situations where it is required by the competent bodies according to the law, only with the consent of the remanded person and the judge delegated with the execution of the penalties (6) Personal data of persons remanded in custody are confidential, according to the law. + Article 95 Registers of persons detained or remanded The administration of each preventive detention and arrest centre and of each preventive arrest centre shall draw up the following registers concerning persons detained or remanded in custody: a) the register of the receipt of persons detained or remanded in custody, in which the year, month, day and time at which the person detained or arrested was received at the center; b) the register of the record of the release of persons detained or remanded in custody. + Title VI Transitional and final provisions + Article 96 Transitional provisions Within 6 months from the date of entry into force of this law, the judge delegated for the execution of the penalties shall determine for each person sentenced to a custodial sentence the execution regime, according to the provisions of the Code criminal and the present law. + Article 97 Final provisions (1) This Law shall enter into force on 1 September 2009. ------------ The term provided in par. ((1) art. 97 was prorogated by the unique article of EMERGENCY ORDINANCE no. 73 73 of 11 June 2008 , published in MONITORUL OFFICIAL no. 440 440 of 12 June 2008. (2) Until the date of entry into force of this Law, the Government shall, by decision, adopt the implementing regulation of its provisions. (3) On the date of entry into force of this Law, the Law no. 23/1969 on the execution of penalties, republished in the Official Bulletin, Part I, no. 62 62 of 2 May 1973, with subsequent amendments and completions, as well as any other provisions to the contrary. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, June 28, 2004. No. 294. -----