courts. The lower courts, which might
be considered lower municipal courts, are usually referred to only as
"the courts." Bucharest has a court that is an equivalent of a _judet_
court, and it has several of the lower courts (see ch. 8).
The lower courts are courts of first instance in all cases they hear.
This could include cases that had previously been heard by judicial
commissions. Such cases would not be considered to have been legally
tried and would require reinvestigation and altogether new prosecutions,
making sure that rights of the accused and all legal procedures were
properly observed.
Appeals from the lower courts are heard by _judet_ courts, which are
also courts of first instance in more serious cases. Final appeal is to
the Supreme Court. There is no appeal from its decisions, but it is not
totally free and independent. It is within one of the government's
ministries and is also responsive to the party leadership.
Judicial commissions function at a level below the formal court system.
Each such commission is composed of several members (usually five),
handles a wide variety of cases, and attempts to hear as many of them as
possible in public. Because the judicial commissions are not a part of
the court system, their cases are not included among criminal
statistics. Unless appealed, however, their sentences are binding.
Official documents describe the commissions as public organs for
exerting influence and legal control, organized so as to bring about
broad participation of the masses, providing them with a socialist
education in legality and promoting a correct attitude toward work and
good social behavior. The educational benefits are intended both for
those serving on the commissions and for those who are judged by them.
The commissions handle small damage or personal disagreement suits
between individuals--small first offense cases involving public
property, petty thefts, misuse of property when no willful abuse is
involved, negligence cases, and traffic violations. Judicial commissions
set up in enterprises or collectives handle minor labor disputes and
work-grievance cases. In all situations the commissions attempt to exert
the influence of public opinion and, in personal disputes, to achieve
reconciliations.
Penal Institutions
Depending upon the seriousness of a crime, its category, and the age and
occupation of the individual, until the mid-1960s a convicted person was
confined in
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