than on an individual's reputation or extenuating
circumstances. A Romanian assumes legal responsibility and is subject to
the codes at age fourteen; he is considered an adult before the courts
at age sixteen.
If the possible sentence for an alleged crime is five years or more, the
accused is guaranteed counsel during any part of the investigation that
involves his presence after he has been taken into custody, in the
preparation of his defense, and throughout his trial. Minors and
enlisted military personnel are authorized counsel without regard to the
possible sentence. The defense counsel has access to all findings that
are uncovered by the prosecutor or other investigators during the
investigation of the case. Except in special cases specified in the law,
trials are public. Decisions as to guilt or innocence and the sentence
handed down are concurred in by a majority vote of the judges and
people's assessors on the court.
The maximum prison sentence for a first offense is twenty years; for a
repeated serious offense, it may be twenty-five years. The death
sentence is also authorized, but it may be commuted to life
imprisonment. The most severe sentences are still authorized for crimes
in the political category--those endangering the state, the regime, or
the society. Serious crimes against property and crimes of violence
against a person are also considered grave but, unless they are
exceptional, are not punishable by death. A person receiving the death
penalty has five days in which to request a pardon. If the sentence is
carried out, execution is by a firing squad.
The new codes attempt to reduce court time spent on minor offenses.
Those that constitute no significant danger to society and should be
prevented from recurring by social pressures have been removed from the
list of crimes and have been relegated to the judicial commissions. In
other cases, where an act is still classified as a crime, an offender
may elect to plead guilty without a trial. If he does, he is charged
one-half the minimum fine for the offense, and the case is closed.
Pretrial preventive detention is authorized to protect the individual,
to assure that he will not elude trial, or to prevent his committing
further criminal acts. Detention is ordinarily limited to five days for
investigation of a crime or to thirty days if the person has been
arrested and is awaiting trial. Extensions up to ninety days are
authorized if requested by
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