LEGE No. 26 of May 22, 1993 on the establishment, organization and functioning of the Corps of public guards
ISSUER
PARLIAMENT
Published in OFFICIAL MONITOR NO. 109 of 28 May 1993
The Romanian Parliament adopts this law + Chapter 1 General provisions + Article 1 In order to increase the efficiency of the security of the goods and the defense activities of public order and tranquility, the life and integrity of persons, the bodies of the guards are established Public. + Article 2 The bodies of public guards are public institutions, of county interest and of the city of Bucharest, service providers, with legal personality. The activity of the bodies of public guards is carried out on the basis of the organization and functioning regulation, approved by Government decision. + Article 3 The public guard is the person intended to provide security to a public or private economic agent, institution, association of any nature and to participate in the defense of public order and tranquility. + Chapter 2 Organisation and operation + Article 4 The bodies of public guards shall be classified according to the number of their staff. The organizational structure, the categories of the bodies of the public guards and the number of their personnel are established by the regulation of organization and functioning. + Article 5 The management of the bodies of the public guards is carried out by their heads, appointed by decision of the county council or the Council of Bucharest, with the opinion of the police bodies. + Article 6 The organization and execution of the security of the goods, the values of any kind held, their transport and other security benefits, as well as the participation in the defense of public order and peace shall be carried out on the basis of contracts concluded by the public guards with mayors, public or private economic agents, institutions, associations of any nature, legal or physical persons, as the case may be. + Article 7 The guard through public guards is executed according to the guard plan prepared by the commanders of the security subunits and beneficiaries, approved by the head of the Corps of public guards and with the specialized opinion of the police. + Article 8 The management, training and security personnel will be equipped with uniform, distinctive insignia, protective equipment, weapons and ammunition, according to the norms established by the organization and functioning regulation according to this law. + Chapter 3 Tasks + Article 9 The bodies of the public guards have the following a) conclude contracts with the beneficiaries for the provision of the guard service with public guards; ... b) ensure compliance with the necessary personnel for the execution of security missions, training and control of their activity; ... c) ensure the equipping of personnel with distinctive uniforms and insignia, compliance with the rules on their port, as well as equipping with weapons, ammunition and other means necessary for ... d) ensure the spaces and furnishings necessary to keep the armaments and ammunition from the endowment in full; ... e) ensure the maintenance in the working order of the guard and alarm equipment and of the other means and facilities intended for the performance of the guard service; ... f) inform the beneficiaries of the way in which the security missions are carried out and propose the necessary measures to increase their efficiency; ... g) participate in the defense of public order and tranquility, the fight against violations of law on cleanliness, as well as the exercise of unauthorized trade in the areas and itineraries established in the plan of execution of the guard; ... h) act to prevent and combat crimes and other wrongdoing in the posts entrusted. ... + Article 10 Public guardians are obliged: a) to know the vulnerable places and points in the perimeter of the post, in order to prevent the occurrence of any acts likely to harm the guarded objectives; ... b) to guard the objective and the goods received in security and to ensure their integrity; ... c) allow access to the objective only in accordance with the legal regulations and internal provisions, to carry out the control at the entrance and exit of the unit of persons, means of transport, materials and other goods, according to the security plan; ... d) take all measures arising from the consign of the post entrusted for the prevention of the production of fires, explosions, theft, tilharii, acts of disorder of public order, destruction or degradation of goods and other such facts, realizing permanent surveillance of the area responsible for; ... e) in case of committing crimes, the occurrence of calamities or other negative events in the area they respond to, to take the first measures to rescue persons and goods, to preserve the traces, to identify the perpetrators and witnesses oculars, to notify the nearest police body, to request the support of neighboring posts and the population and to ensure the security of goods; ... f) to notify the police bodies in connection with any acts of nature to damage the beneficiary's property, and, upon request, to give them the contest for the performance of their missions; ... g) keep the state and service secret; ... h) to wear the armaments of the equipment, uniform and distinctive insignia only during the service. ... + Article 11 In carrying out their duties, the public guards have the following rights: a) stop and legitimize people about whom there are data or indications that they have enjoyed crimes or other wrongdoing, and in the case of blatant crimes to detain and immediately hand over the police to the perpetrators and, if any, goods that are subject to criminal offences, while drawing up a report with the findings; ... b) to call to order the persons who disturb the public peace and to intervene in the event of attacks on persons, without abandoning the performance of the ... c) to make use of the weapon only in the cases and under the conditions strictly provided by law; ... d) to find, under the law, the contraventions on public order and peace, the cleanliness of the localities, the rules of street trade or other contraventions for which such powers are established by law. ... The minutes of finding the contravention, drawn up under the law, will be presented to the hierarchical head of the ascertaining agent, who will apply the legal fine. + Article 12 The legal or natural person shall have the following rights and obligations: a) control how the bodies of public guards fulfill their contractual obligations; ... b) asks the head of the Corps of public guards to take appropriate measures to improve the security activity, including sanctioning or replacing guards who do not execute their duties; ... c) execute and make available, at the deadlines established by the security plans and contracts, the means and technical facilities necessary to carry out the security missions; ... d) install and provide maintenance of technical means of security and alarm; ... e) participate in the development or modification of the security plan. ... + Article 13 The county councils, respectively the Bucharest Council, have the following tasks: a) appoint, by decision, the heads of the bodies of public guards; ... b) establish, by decision, the objectives of public interest to which the organization of the guard is required through public guards. ... + Article 14 Mayors have the following tasks: a) establish, together with the local police bodies, the posts or patrols on the territory of urban and rural localities that, in addition to the security duties, will participate in the defense of public order and tranquility; ... b) establish the competence of public guards to ascertain and sanction regulated contraventions, under the law. ... + Article 15 The police bodies have the following tasks: a) shall endorse the personnel of the Corps of public guards, its arming and security plans; ... b) controls, directs and provides expert assistance to the bodies of public guards in the organization and functioning of security, training and training of personnel; ... c) support the bodies of public guards in carrying out the duties on the security of goods and the values entrusted and request their cooperation on measures to ensure public order and tranquility; ... d) provide the necessary armaments and ammunition to equip the public guards to carry out the security missions; ... e) withdraw the notice given to framing if the persons referred to in lett. a) commit acts incompatible with the quality of public guardian or no longer meet the conditions provided by art. 16. ... + Chapter 4 Staff + Article 16 The person to be classified as a public guardian must meet the following conditions: a) to be a Romanian citizen; ... b) have the military internship satisfied and not exceed, in employment, the age of 40; ... c) be known as a correct person and have no criminal record of crimes committed with intent; ... d) have physical, mental and professional skills appropriate to the function. ... Women aged at least 21 years may also be employed, who meet the conditions laid down in paragraph 1. 1 1, except for the military internship. + Article 17 After the assignment, the public guards will follow a specialization course organized by the Body of Public Guardsmen, together with the inspectorates of the county police, respectively of the city of Bucharest. + Article 18 At framing, the staff of the public guards ' bodies will sign a service commitment. Removal from service or leaving it from the employee's fault, before the expiry of a period of 3 years, entails his payment of a compensation representing the expenses of schooling and equipment. + Article 19 Public guards and their staff are assimilated, in the exercise of their duties, to persons who perform a function involving the exercise of public authority. + Article 20 The functions of the staff of the bodies of the public guards are established by the organization and functioning + Article 21 The public guards remain in the records of the county military commands or of the sectors of Bucharest, being able to be mobilized at work only with their approval. + Chapter 5 Final and transitional provisions + Article 22 When establishing the bodies of public guards, the county councils together with the local councils, as well as the Council of Bucharest, ensure, under the law, the space and the means necessary for their proper functioning. + Article 23 In order to ensure the financial funds necessary to establish the bodies of public guards, the annex to the state budget for 1993, the fund for the establishment of the Public Guard Corps. The financial funds necessary to establish the bodies of public guards will be granted, at the request of the county councils and the Council of Bucharest, within 30 days from the date of the request. The financial funds granted, under the conditions of the previous paragraph, will be returned to the state budget from the revenues made from the beneficiaries following the executed benefits. + Article 24 The salary fund for personnel, as well as the other expenses related to the functioning of the Corps of public guards are made from the amounts collected from the beneficiaries of the benefits, who will pay the value of the services provided according to the established between the Contracting Parties. The bodies of public guards are required to pay to the state budget the taxes and fees provided by law. The remaining net revenues will be used for self-financing, endowment with the technical means necessary to improve the security system and reward its own staff, according to the law. + Article 25 The permanent delegations of county councils and mayors, with expert assistance from police bodies, will carry out control, guidance and support activities at the bodies of public guards, according to the law. + Article 26 The bodies of public guards act and respond according to the law, their use for other purposes being prohibited. + Article 27 The provisions of the law on the organization and operation of the security guard shall apply accordingly. The body of public guards, to the extent that the present law does not have otherwise. + Article 28 Non-compliance by the staff of the bodies of the public guards of the provisions of this law attracts material, disciplinary, contravention or criminal liability, as the case + Article 29 This law shall enter into force within 60 days of publication in the Official Gazette of Romania. This law was adopted by the Chamber of Deputies at its meeting on April 26, 1993, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE This law was adopted by the Senate at its meeting of 26 April 1993, in compliance with the provisions of art. 74 74 para. (2) of the Romanian Constitution. SENATE PRESIDENT prof. univ. OLIVIU GHERMAN -----------
