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Law No. 61 Of 27 September 1991 To Penalise Infringements Of The Deeds Of Some Social Cohabitation Rules, Public Order And Peace

Original Language Title:  LEGE nr. 61 din 27 septembrie 1991 pentru sancţionarea faptelor de încălcare a unor norme de convieţuire socială, a ordinii şi liniştii publice

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LEGE no. 61 61 of 27 September 1991 (* republished *) for sanctioning acts of violation of certain norms of social coexistence, public order and tranquility *)
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 96 96 of 7 February 2014



----- Note * *) Republicated pursuant to art. 248 248 of Law no. 187/2012 for the implementation of Law no. 286/2009 on the Criminal Code, published in the Official Gazette of Romania, Part I, no. 757 of 12 November 2012, as amended, giving the texts a new numbering. Law no. 61/1991 was republished in the Official Gazette of Romania, Part I, no. 77 77 of 31 January 2011. + Article 1 In order to ensure the climate of public order and tranquility necessary to carry out normal economic and social-cultural activity and to promote civilized relations in everyday life, citizens are obliged to have a civic, moral and responsible, in the spirit of the laws of the country and norms of social coexistence. + Article 2 It constitutes contravention to the commission of any of the following facts, if not committed under such conditions that, according to the criminal law, to be considered crimes: 1) public commission of acts, acts or obscene gestures, the proference of swearing, offensive or vulgar expressions, threats of acts of violence against persons or their property, such as to disturb public order and peace or to provoke the indignation of citizens or to harm their dignity and honor or public institutions; 2) the establishment of a group of three or more persons, in order to perform illicit actions, contrary to public order and tranquility and norms of social coexistence, as well as acts of encouragement or support, in any form, of certain such groups of persons, who incite social disorder; 3) calling, repeatedly, at the mercy of the public, by a person able-bodied, as well as the determination of a person to commit such acts; 4) throwing on a person, construction or a means of transport with objects of any kind, with inflammatory substances, irritant-tear or with paralyzing, corrosive or soiling effect, if no damage to the integrity occurred. bodily or health, or material damage; 5) organization, forbearance or participation in gambling-other than those authorized according to the law-likely to harm good morals; 6) attracting persons, in any form, committed in premises, parks, on the streets or in other public places in order to practice sexual intercourse with them to obtain material benefits, as well as the exhortation or determination, for the same purpose, a person to commit such acts; 7 7) acceptance or toleration of the practice of the facts provided in 6 6) in hotels, motels, campsites, bars, restaurants, clubs, hostels, discos or in their annexes by the owners or administrators or heads of the respective premises; 8) the marketing of compressed-air or compressed-gas weapons, crossbows, archers for shooting, fishing or hunting in places other than in shops authorized to carry out operations with firearms and ammunition; 9) sale of compressed air or compressed gas weapons, crossbows, archers for shooting, fishing or hunting persons who have not reached the age of 18, persons who have committed acts of violence mentioned in the criminal record, such as and persons suffering from neuropsychiatric diseases referred to in the health certificate issued by the territorial polyclinic; 10) the non-entry of the records by authorized stores of the buyers of the weapons provided for 8) in special registers, targeted by the police bodies, in which the civil status data will be mentioned, the domicile, the series and the number of the identity document of the buyer, the number of the criminal record, the number of the neuropsychiatric health certificate, with the name of the territorial polyclinic, and the characteristics of the weapon If the buyer is the holder of a gun permit, he is exempt from the obligation to present the criminal record and the neuropsychiatric health certificate, and if the buyer is the holder of a driving licence, he is obliged to present only criminal record; 11) the alarm of the public, the specialized bodies to intervene in case of danger or the organs of maintaining public order, by giving the signals of danger or, as the case may be, by requesting the intervention on the spot, without good reason; 12) interruption of electric current or extinguishing, without right, of lamps serving at public lighting on the streets, in parks, show halls or in other public places; 13) the penetration, in violation of the legal access rules, in the premises of central and local public authorities, public institutions, educational institutions and premises belonging to them, regardless of their destination, autonomous regions, companies covered by Law no. 31/1990 , republished, with subsequent amendments and completions, to parties or other political parties, governmental and non-governmental organizations, embassies and representations of other states or international organizations on the territory Romania, as well as the occupation without right of land belonging to embassies and representations or land located within their perimeter or refusal to leave them at the request of the law enforcement bodies; 14) writing or drawing, without right, on the walls of buildings, on fences or on common use objects in public places, damage by any means of them, as well as the detachment or destruction, without right, of advertisements, notices and legal posters displayed in specific places intended; 15) non-compliance with the order measures or the rules established for the smooth conduct of cultural-sportive; 16) damage, erection or moving, without right, of the signs or signs of tourist and road orientation or of those who signal the existence of a danger to the life of persons; 17) leaving in freedom or without supervision of animals that may present danger to persons or property; 18) the refusal of the consumer to leave a public place where alcoholic beverages are consumed, after the closing time or at the entitled request of an employee of the premises; 19) serving consumers with alcoholic beverages in and outside the public places, in the days and at the times when, according to the legal provisions, they are closed or it is forbidden to open alcoholic beverages or after the closing time established by the operating authorization; 20) serving with alcoholic beverages in public places and outside them during the conduct of public gatherings, strikes, sports events or other such public meetings, in close proximity, as well as the consumption of alcoholic beverages in such conditions by the participants; 21) undoing, marketing and consumption of alcoholic beverages in public places, at the entrance to the courts and in their interiors, such as: hospitals and other health facilities, placement centers of minors, educational establishments and institutions and education, places of worship and religious institutions related to cults that prohibit the consumption of alcoholic beverages in the practice of that religion, on their sidewalks or driveways; 22) serving with alcoholic beverages, in public places, consumers in the manifest state of intoxication, as well as minors; 23) consumption of alcoholic beverages in the following public places: public roads, parks, stadiums and sports fields, cultural institutions, auditoriums, institutions or economic units, all public transportation, bus stations, railway stations and airports, state and private, or other places provided by law. In the premises of these public places can be consumed alcoholic beverages by delimiting some spaces specially arranged for the consumption of alcoholic beverages, by the decision of the heads of the respective public places Public catering and tourism are exempted, such as restaurants, bars and discos. In the listed public places, the consumption of alcoholic beverages is completely prohibited by persons who have not reached the age of 18; 24) challenge or effective participation in scandal, in public places or venues; 25) disturbing, without right, the peace of the inhabitants by producing noises with any apparatus or object or by shouting or larma; 26) Disorder the linists of the residents between 22,00-8,00 and 13,00-14,00 by any person by producing noises, larma or by using any apparatus, object or musical instrument at high intensity in the premises or in the premises legal persons, in the housing of natural persons or in any other place in buildings with the destination of housing or located in their immediate vicinity; 27) the organization of private parties and the use of musical equipment at intensity of nature to disturb the peace of the inhabitants, in tents, other facilities or in uncovered space, located in the perimeter close to the buildings housing or social character, in urban areas; 28 28) the banishment from the common dwelling of the spouse, the children, as well as any other dependant; 29) non-compliance with the order measures taken by the competent bodies in case of natural calamities or other public hazards; 30) non-compliance with the suspension measure, ordered according to 3 3 para. ((3) and (4); 31) refusal of a person to give relationships for the establishment of his identity, to legitimize himself with the identity document or to appear at the police headquarters, at the request or at the justified invitation of the prosecution or maintenance bodies public order, in the exercise of their duties; 32) the exhortation in any form of minors to the commission of contraventions; 33) failure by parents or persons who have been entrusted to increase and educate a minor up to 16 years of age or who have in care an alienated or mentally deficient of the measures necessary to prevent him from acts of vagrancy, begging or prostitution; 34) leaving without supervision a dangerous mental patient, by persons who have the duty to care for him or to guard him, as well as non-announcement of health or police bodies in case of escape from security or supervision; 35) non-insurance by responsible or patrons, through personal or specialized personnel, public order in public places, hotels, motels, campsites, clubs, hostels, discos and in other places of fun or leisure that you lead, as well as their refusal to provide support to the bodies in law for the restoration in the respective places of public order or for taking measures against persons who have violated the law; 36) preventing, in any form, the bodies responsible for maintaining public order to fulfill their service obligations regarding the legitimation or management of a person at the police headquarters or other state body or to take the measures necessary to maintain or restore public order. + Article 3 (1) Contraventions provided in art. 2 2 shall be sanctioned as follows: a) with a fine of 100 lei to 500 lei, those provided for in item 3 3), 4), 11), 14), 17), 18), 22), 31), 33) and 34); b) with a fine of 200 lei per 1,000 lei, those provided for in item 1 1), 12), 16), 24), 25) and 28); c) with a fine of 500 lei to 1,500 lei, those provided for in item 2 2), point 5 5) -7), pt. 8 8) -10), point 13 13), 15), 19), 20), 26), 27), 29) and pt. 32 32); d) with a fine of 2,000 lei to 3,000 lei, the act provided for in item 30 30); e) with a fine of 100 lei to 500 lei, the facts provided in section 21 21) and 23); f) with a fine of 3,000 lei to 6,000 lei, the facts provided in section 35 35) and 36). ((. Where the facts referred to in point (a) 1 1), 2), 4) and 24) of art. 2 are committed in the premises of an educational institution, a health institution or intended for the special protection of some categories of disadvantaged persons, the applicable sanctions are fines from 1,000 lei to 3,000 lei. (3) In case of committing the contraventions provided in art. 2 2 section 7) and 20) the measure of suspension of the activity of the public place for a period of between 10 and 30 days is also available. (4) In case of repetition of the contraventions provided in art. 2 2 section 19), 21), 22) and 26) are also ordered to measure the suspension of the activity of the public place for a period of between 10 and 30 days. (5) In case of committing the contravention provided in art. 2 2 section 30) it is ordered to withdraw the authorization to operate the public place. (6) The suspension of the activity of the public place or the withdrawal of the authorization to operate it shall be ordered by the body that issued the authorization, on the proposal of the finding body, to which the measure taken is communicated in writing, within 5 days from the date of referral. (7) In the case of contraventions provided in art. 2 2 section 32), 33) and 34), the complaint can also be made by the social protection bodies. (8) The penalty of the fine may also be applied to the legal person. + Article 4 (1) The things that served to commit the contraventions provided in art. 2 2 section 4 4) and 5), if they are of the offender, as well as the things acquired by committing contraventions, if they are not returned to the injured person. (2) In the case of the contravention provided in art. 2 2 section 28 28) the complaint of the injured party is required. Withdrawal of complaint or reconciliation of the parties removes the responsibility of the perpetrator The finding bodies are empowered to restore the previous situation. + Article 5 (1) Contraventions are found by the mayor, his or her powers, by police officers or agents or by officers, military maisters and sub-officers in the gendarmerie, as well as, for the facts found in the specific area of competence, by border guards. (2) In the case of contraventions for which the law provides for the sanction of the fine, the ascertaining agent, with the finding, also applies the sanction. + Article 6 Against the minutes of finding the contraventions by which the sanction of the fine was applied, a complaint can be made within 15 days of its communication. + Article 7 (1) The complaint against the minutes of finding the contravention shall be settled by the court. (2) *) The judicial decision by which the court resolves the complaint is final and irrevocable. ----- Note *) Constitutional Court, by Decision no. 174/2013 , published in the Official Gazette of Romania, Part I, no. 315 of 31 May 2013, found that the provisions art. 8 8 para. ((2) of Law no. 61/1991 , become, following renumbering, art. 7 7 para. (2), are unconstitutional. + Article 8 (1) If the contraventions provided for in this law are committed by a military, the minutes of finding shall be sent to the commander of the unit to which the offender belongs, to apply, if the minutes are founded, sanctions according to the military discipline regulation. (2) If the offender is incorporated for the performance of the military service before the judgment or before the execution of the sanction of the contravention prison, the minutes or, as the case may be, the decision is also sent to the commander of the unit to which the offender belongs, to apply a sanction according to the Regulation of the Military Discipline. + Article 9 The provisions of this law shall be completed Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, except for the provisions on the payment of half of the minimum fine. + Article 10 On the date of entry into force of this Law, the Decree no. 153 153 of 24 March 1970 for the establishment and sanctioning of contraventions regarding the rules of social coexistence, public order and tranquility, art. 6 6 of Decree no. 76 76 of 15 July 1975 ,, as well as any other provisions to the contrary. -----