modifying and supplementing Law No. 10/2001 regarding the judicial status of properties abusively confiscated in the time period between March 6, 1945 and December 22, 1989.

ERMERGENCY ORDINANCE No. 174 from December 13, 2001

EMERGENCY ORDINANCE No. 176 from December 20, 2001

Issuer:  THE GOVERNMENT
Issue date: December 13, 2001
Published in:  THE OFFICIAL GAZETTE No. 831 from December 21, 2001

The act modifies and supplements
LAW NO. 469 from September 1, 2001
Regarding the approval of the EMERGENCY ORDINANCE of the GOVERNMENT NO. 109/2001 for the extension of the terms described in LAW NO. 10/2001 regarding the judicial status of properties abusively confiscated in the time period between March 6, 1945 and December 22, 1989.

According to the provisions of Article 114, paragraph (4) of the Romanian Constitution,

The Romanian Government adopts the following EMERGENCY ORDINANCE:

Single Article
Law No. 10/2001 regarding the judicial status of properties abusively confiscated in the time period between March 6, 1945 and December 22, 1989 published in, with subsequent modifications, is modified and supplemented as follows:

1. After Chapter V Chapter V1 will be introduced containing the following:

"CHAPTER V1
Responsibilities and Penalties

Article 401. – The violation of the dispositions of this law, attracts, based on the circumstances, disciplinary, administrative, civil, or criminal penalties.

Article 402. – The abusive practice of filing incorrect notifications in order to abusively obtain the restitution of properties based on this law attracts civil penalties for the incurred loss.

Article 403. – The activity by which someone notifies the judicial entity (person), knowing that one is not entitled according to the present law to reparatory measures, in order to hinder the completion of judicial documents (that is in order to hinder sales or privatization efforts) is punishable by imprisonment from 3 months to 3 years or by fine, if a loss incurred.  Such an activity constitutes an offence.

Article 404.
(1) The issuance of a restitution decision or disposition while lacking the documents necessary to prove the right to the property, or by case, to prove the right to the inheritance (succession) of the property or failing to prove the right to the property as an associate to the judicial entity (person) whose property was abusively confiscated constitutes an offense and is punishable by imprisonment from 6 months to 3 years.
(2) The same punishment will be applied if a restitution decision or disposition is issued to a entity that fails to provide the necessary documents as described in article 3, paragraph c).

Article 405. – If the offences described under article 288-293 of the Penal Code are perpetrated within the restitution procedures established by the present law, the maximum imprisonment time will be increased by 2 years.”

2. Article 41 is abrogated (repelled).
 
 

PRIME MINISTER	Additional signatures:
ADRIAN NASTASE	Justice Minister
	Rodica Mihaela Stanoiu
	Interior Minister
	Ioan Rus
	Minister for Public Administration
	Octav Cozmanca

Bucharest, December 13 2001.

No. 175.