STATUS OF ATTORNEYS AND OTHER LEGAL INFORMATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82-00457R016100370009-8
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 3
• Document Creation Date: December 22, 2016
• Document Release Date: December 10, 2010
• Sequence Number: 9
• Publication Date: January 28, 1953
• Content Type: REPORT

- Sanitized Copy Approved for Release 2010/12/10: CIA-RDP82-00457R016100370009-8
FED 1952 51-4AA
IIITxa+s"ctx 23
CENTRAL INTELLIGENCE AGENCY
CLASSIFICATION SECRET/CONTROL--U,S, OFFICIALS ONLY
SECURITY INFORMATION
INFORMATION REPORT REPORT
CD NO.
COUNTRY Rumania
SUBJECT Statyjus of Attorneys and other Legal
Information
DATE OF
INFO.
PLACE
ACQUIRED
CIRCULATE
DATE DISTR. January 1953
NO, OF PAGES 3
NO. OF ENCLS.
(LISTED BELOW)
SUPPLEMENT TO
REPORT NO.
THIS DOCUMENT CONTAINS INFORMATION AFFECTING THE NATI.ONAL DEFENSE
OF THE UNITED STATES, WITHIN THE MEANING OF TITLE 18, SECTIONS 793
AND 794, OF THE U.S. CODE, AS AMENDED.' ITS TRANSMISSION OR REVE-
LATION OF ITS CONTENTS TO OR RECEIPT BY AN UNAUTHORIZED PERSON IS
PROHIBITED BY LAW. THE REPRODUCTION 0.F.THIS FORM IS PROHIBITED.
THIS IS UNEVALUATED INFORMATION
From 140 to 1948 there was no change in the status of Rumanian attorneys
as defined in the Marinescu statute of 1940: which set up District Bar
Associations (Baroul Avocatilor) and a National Bar Association (Uniunea
Avocatillo,) under the Ministry of Justice.
2. In 1945 the members of governing bodies of these institutions were changed,
and mark adherents of the former regime were removed.
In 1948 a new law was enacted on the status of attorneys, the a t o hie was to
reduce their number as far as possible. The Ministry of Justice is now
authorized to fix, at, its discretion,, the number of attorneys to practice
in each locality* In Bucharest 2,700 of approximately 5,000 were removed,,
mostly for political reasons.
The new law creates three types of attorneys.- Those entitled to plead in
court (Fl.edanti)., legal advisers to institutions and enterprises, and pupils.
The designation Baroul Avocatilor has been changed to Colegiul Avocatilor.
The status of attorneys was changed fundamentally in November 1951 by the
introduction of attorneys' collectives (Birouri Colective De Avocati), Of
the 800 pleading members left in Bucharest on the register of the Bar Association
after the changes wrought by the 1911.8 law, only 350 were accepted into the
seven collective law offices; 450 were either removed or permitted to remain
as members of the Bar Association without being entitled to exercise their
profession.
Legal adh1sers to institutions are also affected. The l,100 advisers left
in Bucharest after the 1918 law were required to prove their continued
professional employment. Only about 600 were in a position to do so since
the others had lost their jobs through the merger of their enterprises after
nationalization.
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8.
Where collective law offices are set up., only the manager is entitled to
negotiate with a client. He decides the number of cases to be handled by
each member and the fees, according to a tariff fixed by the Ministry of
Justice. The attorney receives 40 percent of the fee paid., ten percent goes
to the collective, and 50 percent is paid in tax.
The Bar Association controls the collective law offices. Its governing body'
made -up solely of Party members, is entitled to add new members to existing
law offices and to set up new ones.. It also keeps close contact with the
collectives' managers, who must be Party members.
There are prosecuting authorities (Parchete) in each district court, where
criminal cases only are dealt with, The number of prosecutors depends upon
the number of sections. Magistrate's Courts have no prosecutor even for
criminal cases. The prosecutor's task is similar to that of the attorney
general in the USSR, whose business is to protect the interests of the state.,
even where these conflict with the existing laws.
10. The prosecutor is nominally independent. In practice he receives instructions
from the Ministry of the.Interior,and.,. in particular., from the Security Services
which control both the prosecuting authorities and the work of individual
prosecutors.
11. Military courts deal with criminal offenses against the Military Code, but they
also have jurisdiction in all cases concerning the security of the state., in
which cases a special body of law applies. During the past few years many
offensei normally dealt with under the civilian criminal code, have been
transferred to the jurisdiction of the military courts, particularly offenses
against public order and security.
12. Up to 1949 there was a special court at the Inspectorate General of Police in
Bucharest (Prefectura) for urgent cases, including traffic offenses. The
functions of this court have been transferred to Bucharest City Court No. 1
(Judecatoria Urbana No. 1.). There are no special courts for cases connected
with marine transport.
13. About 90 percent of the professional judges are now members of the Communist
Party., and the Party has great influence on their activities. According to
the law a judge is independent., but in every doubtful case the Party's opinion
prevails.
The following courts now function in Bucharest:
A District Court at Strada 9:plaiul Indepentei with four criminal and two
civil section.
A Court of Appeal in the same building.
c. A High Court., also in the same building.
A Military Court at' 3 Strada Negru Voda.
Eight Magistrates' Courts.
All but the Magistrates' Courts have prosecuting authorities which are under
the supervision of the Attorney General.
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The following personalities are known.,
a. General Constantin Petrescu is the President of Bucharest Nilitary Court.
Constantin Stere., President of the Supreme Court, is a former President
of Kisinev Court. He is one of the five Rumanian regents.
o,. Alexandru Voitinovici is the Attorney General of Rumania.
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Sanitized Copy Approved for Release 2010/12/10: CIA-RDP82-00457R0l6100370009-8