CAT/OP/ROU/1/Add.1 For the foreign prisoners, the most important information related to the regulatory framework for the punishments execution is also available in several languages, such as: English, French, Hungarian, German and Turkish. Current situation of the info-kiosks located within the seven units visited is as follows: - Aiud Prison – 9 info-kiosks, each detention section being equipped with such a system; Botoşani Prison – 7 info-kiosks, each detention section being equipped with such a system; Gherla Prison – 5 info-kiosks; Giurgiu Prison – 13 info-kiosks, each detention section being equipped with such a system; Iaşi Prison – 3 info-kiosks in three detention sections; Constanţa-Poarta Albă Prison – 5 info-kiosks on each detention section E1, E2, E4, E5 and E6; women's Penitentiary Ploiesti-Târgşorul Nou – 3 info-kiosks in the pre-trial, closed regime and semi-open regime. We mention that the information activities are included mainly in the Programme of adaptation to the deprivation of liberty conditions and it is mandatory for all the categories of inmates in the prison system to read it. The support materials available to the inmates are both texts of laws (general legislation and specific legislation to the penal-executional framework, decisions of the general director of the National Administration of Penitentiaries, provisions of the prison internal regulation) and also sumarised documents in power point format. Other ways of informing the inmates about the content of these documents are: cell folders info-kiosk and the prison radio-tv broadcasts – permanently available. At their request, inmates may receive the penal-executional legislation, including copies. Any change in the penal-executional field or prison interior regulation shall be brought to the attention of the inmates, based on signature. Par. 32 - The national legal framework includes express provisions on both the mandatory legal assistance of the suspect or the defendant, the administration of evidence, and the penalties imposed in the event of undue pressure or unlawful administration. In this regard, we shall read below the relevant articles of the Criminal Procedure Code and the Criminal Code. CRIMINAL PROCEDURE CODE Mandatory legal assistance provided to a suspect or defendant Art. 90. - Legal assistance is mandatory: a) when a suspect or defendant is underage, is admitted to a detention center or an educational center, when they are detained or arrested, even in a different case, and when in respect of such person a safety measure was ordered remanding them to a medical facility, even in a different case, as well as in other situations established by law; b) when a judicial body believes that a suspect or defendant could not prepare their defense on their own; c) during the course of trial, in cases where the law establishes life detention or an imprisonment penalty exceeding 5 years for the committed offense. Court appointed counsels Art. 91. - (1) In the situations listed under Art. 90, if a suspect or defendant did not select a counsel, the judicial body shall take steps to provide them with a court appointed counsel. (2) During the entire course of criminal proceedings, when legal assistance is mandatory, if a retained counsel is unjustifiably absent, does not ensure a replacement or refuses unjustifiably to ensure the defense, even though the use of all procedure rights was ensured, the judicial body shall take steps to obtain appointment by the court of a counsel to replace them, by providing such replacement with a reasonable term and with facilities required for the preparation of an effective defense. This aspect shall be mentioned in a report or, as applicable, in the hearing report. During the course of the trial, when legal assistance is mandatory, if a retained counsel is unjustifiably absent from the hearing term, does not ensure a replacement or unjustifiably refuses to defend, even though the use of all procedure rights was ensured, the court shall take steps to appoint an ex officio counsel to replace them, by providing such replacement with a minimum term of 3 days to prepare the defense. (3) The court appointed counsel is under an obligation to appear whenever they are called by the judicial body, by ensuring a concrete and effective defense in the case. (4) The mandate of an ex officio counsel ceases when the selected counsel appears. (5) If during the trial the counsel is absent and cannot be replaced under the terms of par. (2), the case shall be continued. 4

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