Law No. 26 Of 26 May 1994 On The Organization And Functioning Of The Romanian Police

Original Language Title:  LEGE nr. 26 din 12 mai 1994 privind organizarea şi funcţionarea Poliţiei Române

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LAW No. 26 of 12 May 1994 concerning the Organization and functioning of the Romanian Police published in PARLIAMENT ISSUING OFFICIAL GAZETTE NR. 123 of 18 May 1994, the Romanian Parliament adopts this law.


Chapter 1 General provisions Article 1 Romanian Police is part of the Ministry of the Interior and the State is an institution specialized in the country which exercises the powers relating to the defence of fundamental rights and freedoms of individuals, the private and public property, preventing and uncovering criminal offences, compliance with time-Messrs. and public peace under the law.


Article 2 of the Romanian Police Activity is carried out exclusively on the basis of the execution of the law. The cops can't do some of the parties or political parties.


Article 3 in carrying out the tasks incumbent on Romanian Police cooperate with other State institutions that have powers concerning the ensurance of law and cooperate in this respect with citizens, within the limits of the law.


Article 4 shall be held properly Police administrative organization of the territory of the country. You can also organize and after some specifics of national economy sectors-shipping by rail, air and inland waterway — or economic and social objectives, depending on their number and importance.
Police units set up by order of the Minister of the Interior.


Chapter 2-Organization and functioning organizational structure section I Article 5 Romanian Police has the following organizational structure: a) General Inspectorate of police;
  

(b) the Police General Directorate) of the municipality of Bucharest;
  

c) counties Police inspectorates;
  

d) Police inspectorates for transport by rail, air and inland waterway;
  

e) educational institutions for training and specialisation of police.
  


Article 6 General Inspectorate of police is the central unit of the police which leads, directs, and controls the activity of all other police units, field activities in causes of particular importance and any other activity date under its jurisdiction by law.


Article 7 General Inspectorate of police is headed by an inspector general, appointed by decision of the Government on the proposal of the Minister of the Interior. The Inspectorate general is assisted by a number of Deputies, appointed on a proposal by the Minister of the Interior.
In law enforcement, the general inspectorate of police may issue mandatory provisions for the staff of subordinates.


Article 8 General Inspectorate of police organizational structure has in general directions, directions, order of battle, services and offices set up with the approval of the Minister of internal affairs within the limits of the funds available.


Section II of the territorial units under General Inspectorate of police Article 9 in Bucharest works General Directorate of Bucharest police, headed by a director general, assisted by deputies.
The counties Police inspectorates work, led by a head of the State, aided by the Assistant.
The Director general of the General Directorate of Bucharest police, and chiefs of police counties inspectorates shall be appointed and shall be released from Office by order of the Minister of the Interior on the advice of the Commissioner.


Article 10 within the General Directorate of Bucharest police are organized and function units of police sectors, corresponding to the administrative-territorial organisation.
In each sector is organized and operated police stations. Their number is determined by order of the Minister of the Interior, depending on the extent of territory, population number, the number and importance of the objectives of economic, social and political, as well as the specific tasks of activity.


Article 11 in the cities and towns of counties, municipal police and municipal works, and in joint police stations.
The municipalities can be set up police stations, and in the communes with large territorial area, with villages and hamlets scattered, offices may be set up by the police, according to the criteria and conditions laid down in articles 81 and 82. 10 para. 2. Article 12 In rail transport, naval and air are organized and function, with specific competence, transport police inspectorates.
The number of Police inspectorates for the transports and their range of territorial jurisdiction shall be determined by order of the Minister of the Interior.
Transport Police inspectorates have the organizational structure services, offices, cubicles, and police stations for railway transport, naval and air.
Chiefs of Police inspectorates for the transports and their deputies shall be appointed by order of the Minister of the Interior.


Article 13 General Directorate of Bucharest police, Police inspectorates of the County Police Inspectorate for transport, politiile, city and municipal precincts within the sectors of Bucharest and other large towns can be organized on the order of battle, services, offices and cubicles, according to the order of Minister of Internal Affairs, and operates on the basis of rules of organization and operation.


Article 14 by order of the Minister of Internal Affairs, on the proposal of the head of the Inspectorate-General of Police, the County Police inspectorates and General Directorate of Bucharest police can set up police unit targets and areas of public interest, in relation to the concrete needs of the workplace and within herds and funds approved.


Chapter 3 article 15 Romanian Police Powers shall have the following tasks: to protect the lives, integrity) and the freedom of individuals, public and private possessions, other rights and legitimate interests of citizens and of the State;
  

b) ensure public order and the maintenance of peace and respect for the law;
  

c) ensure, together with the gendarmerie troops, either directly or in cooperation with other State's legitimate strengths, combat manifestations of violence, neutralize the actions likely to hamper normal activity on public ways, in markets, railway stations, in the areas of access control points for crossing the border and the other objectives of particular importance, the restoration of public order;
  

(d) necessary measures) sets out, in accordance with the tasks incumbent upon them by law, with regard to ensuring the normal conduct of meetings and public events;
  

e) directs and coordinates the Organization and functioning of the public institutions and property security and economic agents with the State capital and grant, upon request, specialized support private economic agents, as well as other applicants in the organisation and functioning of security assets;
  

f) acts for the collection of data for the purpose of knowledge, prevention and combating of crime, as well as in situations where there are data or indices that prepares committing illicit acts;
  

g) conducts, according to their competence determined by law, activities for the establishment of criminal offences by the law and conduct investigations in relation to those facts;
  

h) guard and operation, according to the law, places of detention and remand organized within the police units;
  

I) specific activities in the field of railway transport police, naval and air;
  

j) exercise control under the law on the possession and use of weapons, and ammunition, possession and use of explosive materials, the manner in which operations are carried out with weapons, munitions and explosive materials and weapons repair workshops officials;
  

k) exercise control according to the law, respect for legal norms relating to toxic substances and products, narcotics and radioactive, and the other objectives and materials subject to authorisation, endangering the public or which may be used in committing offences;
  

l) shall monitor and control the movement of traffic, keeps track of vehicles and motor vehicles, with the exception of cases exempted by law; collaborates with other public authorities in order to improve the Organization and analysis of traffic, ensuring technical condition of motor vehicles, driver improvement and preparation educate participants in road circulation;
  

m) collaborates with educational institutions and teachers in the work of educating school children and youth, in order to correct circulation on public roads;
  

n) coordinates and directs in a uniform manner, together with the Department for local public administration, the civil activity in public administration and ensure records and certificates necessary for this activity;
  

a) keeps track of population, issued identity cards and register the change of domicile and residence of citizens, under the conditions provided for by law; at common, keeps track of Romanian citizens with military obligations;
  

p) organizes, in accordance with the law, criminal record keeping of convicted persons of the time against which other measures have been taken by criminal;
  

r) establish and impose sanctions for violations to laws in jurisdiction of police data;
  


s) participate, along with units of gendarmes and firefighters, in cooperation with the troops of the Ministry of national defense, civil protection units and other bodies stipulated by law, the activities of the rescue and evacuation of people and property endangered by fires, explosions, crashes, accidents, epidemics, natural disasters and catastrophes, and the limitation and removal of consequences caused by such events;
  

t) meets any other duties that are given by law.
  

Territorial units are required to support the prefects (governors), municipalities and county councils Presidents in their duties of maintaining public order and peace.


Chapter 4 rights and obligations in the implementation of Article 16 powers conferred on it under the law, the police officer is invested with the exercise of public authority and shall have the following rights and obligations: a) to legitimize and to establish the identity of persons who violate laws or are suspicious and to take appropriate legal measures;
  

b) leading to the police headquarters in order to take legal measures, those who by their actions endanger public order, persons or other social values, as well as suspicious persons whose identity could not be established.
  

Suspected of actions through which endangers public order, persons or other social values, which refuse to decline this identity cannot be established, are driven to police headquarters for clarification and, where appropriate, their presentation, immediately in front of the competent organ of the prosecution, which cannot last for more than 24 hours;

c) to invite the police head office persons whose presence is necessary for the performance of legal duties of the police, by bringing to the notice, in writing, of the purpose and the reason for the invitation;
  

d) to take the measure of apprehension, to put in execution the mandates of remembrance, arrest warrants and on the execution of sentences in the cases and under the conditions provided by law.
  

The research organs of the police have the obligation to bring to the knowledge of the person detained or arrested person, in a language he understands, of the reason for his detention or arrest, and notified in the shortest possible time. Prosecution shall be brought to the attention only in the presence of a lawyer chosen or appointed ex officio;

(e) to assist persons) with functions involving the exercise of public authority, if they meet the physical endurance in the performance of their tasks;
  

f) between, for fulfilling legal in any premises of economic entities, public institutions, the times social-political organizations, irrespective of the holder, owner or its destination, on board ships and aircraft, in compliance with legal provisions. Any search warrant or criminal act must be done only with the consent of the management of these establishments, institutions or organizations, commanders of ships or aircraft or with the authorization of the magistrate, as provided by law.
  

In the event of a flagrant offence, consent or authorization is not required;

g) between the House of individuals, at the request or with the written consent of the times with the authorization of the magistrate, as provided by law.
  

In the event of a flagrant offence, consent or authorization is not required;

h) to control the movement of vehicles on the road, in the case of certain serious offences or when there are strong indications that committing offences is imminent, and the person or the property you are looking for is located in the controlled area;
  

I) to carry out checks and raids when there are indications that committing crimes or criminals hiding some times property derived from offences;
  

j) to wear upon the armament and ammunition required, whether in uniform or civilian, and its use for carrying out missions, vehicles equipped with or without the distinctive insignia of police;
  

k) to use any means of transportation and telecommunications, regardless of owner or keeper-natural person or legal entity, except for those belonging to the diplomatic corps, for taking legal measures do not suffer the delay and that cannot be brought to fruition. Occasional expenses will be paid at a later date, at the request of the owners, and will be supported, as appropriate, of the police or of persons that have prompted intervention;
  

to use it), free public transport means during the service for the execution of tasks which cannot be met otherwise; transport police personnel has the right to use, free public transport, railways and naval tasks. Use of the means of transport shall be carried out on the basis of aircraft suitability;
  

m) to seek the support of citizens for the fulfilment of legal duties relating to tracking, catching and restraining the leadership, police units of offenders, persons who perform certain actions that endanger the bodily integrity of others, of those who disturb order by acts of violence and public tranquillity or degrade or destroy the goods, and persons who perform certain actions of outrage against an official who performs a function involving the exercise of public authority;
  

n) exercise any other rights and duties provided for in any other meets.
  

In the exercise of duties, the police officer is obliged to make known, in advance, the quality and submit the ticket. He is forced to act with fairness and dignity, be polite and civilized conduct towards citizens, farm and intransigenta against those who violate the laws of the country.


Article 17 in order to combat organised crime and serious crimes, in the interests of the prosecution, the police may apply to the competent public prosecutor's Office wiretapping and opening of correspondence by the competent authorities according to law. 51/1991.


Article 18 to prevent and neutralize aggressive actions of persons who disturb the public tranquillity and order seriously, actions that could not be removed or wiped out by using other legal means, the police officer can use his protective shield, visor helmets with batons, sticks with the electrostatic energy, irritating substances-tear, water jets, weapons with rubber bullet, service dogs as well as other means of restraint, which also does not endanger lives or does not produce a serious injury.
The means referred to in paragraph 1. 1 may be used against persons: actions taken to) that endanger the bodily integrity of others;
  

b) tries to enter or enter on the premises of the non-public administration bodies, political parties and other institutions of public interest times privately and in any way endanger their security and staff times normal activity upset;
  

c) serial ultragiaza bodies times people with functions involving the exercise of public authority, by threat, tapping or any other acts of violence.
  

Use of the means referred to in paragraph 1. 1 against the aggressive actions of the participants will be made gradually, after repeated warnings over the prior use of such means and leave time taken for termination actions and leaving the area. The means used must not exceed the real needs to prevent or neutralize aggressive actions.


Article 19 in the case of absolute necessity and when using other means of tripping or constringere is not possible, the police officer may use force or weapons white firearms, under strictly prescribed by law for: (a) his defense and) other people against attacks that they endanger the life and health, as well as for the release of the hostages;
  

b) rejection of attacks against premises or other property of the police forces on the herd times order, when their lives are in imminent danger;
  

c) perimeter defence, midfield or persons responsible;
  

d) detaining offenders caught red-handed trying to flee and are not subject to a formal notice to remain at the scene;
  

e) forfeiture of the perpetrator who shot back with weapons or firearms or escape from detention or who flee from under escort.
  


Article 20 shall prohibit the use of funds. 18 and 19 against women with visible signs of pregnancy, persons with disability and vadite signs, except they infaptuiesc a group or armed attack which endangers the life or bodily integrity of persons.


Article 21 In cases referred to in article 1. 19 and 20 will make use of the gun only after it was made legal domicile. Domicile is effected by the word: "hold on!". In case of disobedience, be someaza again by the words: ' Wait as I draw! ". If the (those) concerned is not subject to any of the someaza fire is by pulling the gun up in the vertical plane. Where, after the execution of the legal order, according to the provisions of this article, the person (s) in question is not subject to, you can make use of weapon against it. The use of the gun is going to do so to complete immobilisation of those against whom the weapon is used, in order to avoid causing their death.

The use of the weapon can be made without formal notice in case of attack by surprise over the policeman or another person, as well as for the apprehension of the criminals that fighting back with weapons or firearms, if missing the time needed for the subpoena.


Article 22 the police intervenes in force to prevent demonstrations or neutralize what upset public order and tranquillity, which endanger the life and bodily integrity of people and law enforcement agencies or threatening with devastation and destruction times property of public and private interest.
The intervention of the police force and other bodies, with the technical means will be determined for each individual case, by the prefect, Mayor or their alternates from the locality in which such events have taken place at the request of the Chief of the local police body or its substitute.
Use the technical means to do it only after the alert and somarea, by means of sound amplification, participants in disarray, on the need to respect the law and public order. If, after warning, it still violates public order and laws, police officer named as head of the order or hierarchical chiefs someaza participants, using the formula: First summons: "warning, please use parasitiVom to Force!", followed by the sound and light signals. If, after the period of time needed dispersarii, those cannot be summoned, it uses a last judgement, saying the last judgement: "Exit. be sure to use force! ".
If in such situations it is necessary and the use of firearms in advance will repeat the last summons.
Use of the means of prevention and shall cease as soon as constringere was re-established public order.
Approval of the intervention is not required in cases where law enforcement agencies over the violent times they stood in an imminent danger.


Article 23 every situation in which the use of the gun should be reported urgently. If as a result of gun use occurred the death or injury of a person, the deed shall be communicated forthwith to the competent prosecutor.


Article 24 by order of the inspector-general of police are appointed who guards the quality of organs of criminal investigation.
In carrying out specific activities, the COP has territorial jurisdiction corresponding to the unit of the police.
In the event of continuation of a measure or specific activities, the police officer may act in the territory of other police units, communicating about this unit.
In the case of detachment or orderly swiftest mission of another police unit, the COP has established jurisdiction for that unit. Police General Inspectorate of Police has jurisdiction.


Article 25 the police officer is obliged to intervene in and out of office hours, its functions and competence of the territorial unit in which it participates, when you take the knowledge of the existence of flagrant offences, as well as for the preservation of evidence in the case of other offences whose research will be carried out by the competent bodies.


Chapter 5 of the Romanian Police Staff article 26 Romanian police Staff consists of officers and civilian employees.
Specific rights and duties of the policeman shall be established by statute.


Article 27 the policeman is forbidden to cause physical suffering to a person's mental, with the aim of times to get this person or from a third person information or a confession, to punish for an act which he or a third person has committed it is strongly suspected that she has committed, to intimidate or pressure her to a third person.
Also, the policeman is forbidden to commit acts of torture in any circumstances, whatever it may be, whether a State of war or threat of war, instability and internal politics or any other State.
The police officer may not invoke superior order or another public authority to justify violating the law in any of the situations referred to in paragraph 1. 1 and 2.


Article 28 the COP responsible for his deeds perpetrated by the fulfilment of duties of employment or their failure and can be held liable under the law.


Article 29 Police Personnel is obliged to ensure that the health and bodily integrity of the persons whose guarding it undertakes to be fully protected and, in particular, to take immediate steps as medical care unit to be awarded each time they are required.


Article 30 Police Personnel is obliged to have a correct conduct, to be integral and incorruptible and to act with determination to prevent and combat all acts of nature to stirbeasca authority and the prestige of the institution.


Article 31 Police Personnel is obliged to respect the law and to act in order to prevent any breach of it. Police staff who takes notice of the breach of the rules concerning the conduct of the policeman is obliged to notify the hierarchical superiors and a, where appropriate, other competent authorities.


Article 32 Police Personnel enjoy stability police unit to which he was appointed. Advancing, moving, transfer or separation, as well as removal from the police can be made in the cases provided for in the Statute and regulations approved by the Minister of the Interior.


Article 33 civilian Employees are subject to the provisions of the Statute on civil servants, the provisions of the labour code and other legal rules relating to their rights and duties, to the extent that this law does not provide otherwise.


Article 34 Policemen come from all education institutions graduates.
To meet the needs of specialists fall into police and civilian graduates of educational institutions.
General Inspectorate of the police organizes courses for the preparation of specialized police training, improving their specialty and civilian employees within the limits of the funds approved for this purpose.
For certain periods of time, according to the law, can be recalled in the activity of the police reserve cadres.


Article 35 shall take an oath to hiring Guards provided for in the statutes of the policeman.
Civilian employees, to employment, shall submit the following oath: "I swear to respect the Constitution and laws of the country, to maintain professional secrecy and let me meet with good-faith tasks entrusted."


Article 36 EC money due Rights of persons shall be determined by police laws and decisions of the Government, the Minister of the Interior may issue orders and instructions for applying.


Article 37 pension rights of police personnel shall be determined in accordance with the law.
Police personnel, their families and survivors, ensure social and medical assistance, as appropriate, social security rights, as stipulated by law.


Article 38 in the performance of job duties, the guards enjoy special protection under criminal law.
In the case of crimes committed against the husband or wife, or children, for the purpose of police intimidation or retribution for legal action taken by it in the performance of job duties, limits the maximum sentences provided for in the penal code shall be increased by 2 years.
Among the illustrious against a policeman in the exercise of his powers or in connection with the performance of these duties constitutes the crime of murder especially serious and punishable under article. 176 of the penal code.


Article 39 Policemen who have lost all or mostly in working capacity as a result of having committed crimes against theirs, during or in connection with the service, will receive a pension for permanent disability, equal salary had at that time, and will benefit, once a tools and equal to five times the salary of the last month of activity.
Police who have become partially incapable of work under the conditions of paragraph 1. 1 and no longer can exercise their profession still will receive a pension equal to at least 1/2 of the salary had in the last month of activity, a tools equal three times salary had at that time, as well as the right to combine its salary pension they can get for the next activity.


Article 40 survivors of deceased police during or because of work or article. 38 para. 3, shall be granted, in accordance with the law, a pension equal to the full salary which the policemen concerned had at time of death.
If there is no surviving spouse and offspring, if the deceased was the sole supporter of his parents, they will benefit from the law, half of the survivor's pension, as determined under the provisions of paragraph 1.


Article 41 Of the rights referred to in art. 38, 39 and 40 shall receive any military who participated in actions of cooperation with a view to performance of tasks.


Article 42 in respect of persons referred to in art. 38, subjected to ill-treatment or threats, as a means of intimidation or retaliation, the Interior Ministry is obliged to provide operative support in order to remove threat, catching and the liability of vinovatilor.


Article 43


The Interior Ministry will advance the amounts needed to cover the material damage suffered by police officers and members of their families, according to art. 38, while they recover from guilty persons according to the law.


Article 44 Components of the armed forces who cooperate with the police and will have cases that under art. 38 secure the amounts needed to cover the material damage suffered by soldiers and their families.


Article 45 Police Personnel may confer orders, medals and honorary titles, as provided by law in order to meet the obligations of faith entailed, in defence of public order and the laws of the country.


Chapter 6 final provisions Article 46 Units of the Romanian Police cooperate with public authorities: a) Central and local public administration authorities;
  

b) State authorities with powers in matters of national security;
  

c) major units, units and institutions of the Ministry of national defence in fulfilling tasks relating to the objectives and the guard, combating manifestations of violence and restore the rule of law, civil defence, military obligations, circulation on public roads, as well as other duties provided by law or determined by the times the Government Decree of the Supreme Council for the defence of the country;
  

d) units and organs of the Ministry of the Interior.
  


Article 47 Heads of local police bodies are obliged to inform periodically or at the request of prefects and mayors criminal, measures taken to prevent criminal offences and maintain peace, order and public security, insurance and public administration in the requesting measures that might be required in the administrative-territorial unit for the implementation of and compliance with the laws, decrees, decisions and orders of the Government.


Article 48 the information of a confidential nature, which are owned by police personnel, must be kept secret, with the exception of the case when the function or duties needs justice so require disclosure.


Article 49 the General Inspectorate of police may, on request, to undertakings of the exercise activity times detectives private detective.
Authorization conditions, organisation and functioning of societies of detectives to pursue times of private detective activity shall be established by decision of the Government.


Article 50 Romanian Police cooperate with similar bodies in other States and with international organizations, on the basis of agreements to which Romania is a party. In the context of International Criminal Police Organization-INTERPOL cooperates with politiile of other Member States of this organization.


Article 51 Romanian Police organize data bank relating to crime and criminality.


Article 52 police units use a proper car park and have the technical, scientific and technical equipment and other means necessary for the performance of job duties.
In addition police units may be established health assistance units, departments or sports associations and households.


Article 53 police units Structure and staff posts for each unit shall be established by the Minister of internal affairs in relation to livestock by a Government-approved.


Article 54 within 90 days of the adoption of this law, the Government will present to Parliament approving the draft law on the status of the policeman.


Article 55 law No. 21 of November 18 1969 concerning the Organization and functioning of the militia, as well as any other provisions to the contrary are hereby repealed.
This law was adopted by the Chamber of Deputies and Senate in the Township meeting on 19 April 1994, in compliance with the provisions of art. 74 para. (1) and of article 23. 76 para. (2) of the Constitution of Romania.
PRESIDENT of the CHAMBER of DEPUTIES ADRIAN NASTASE SENATE PRESIDENT Prof. Dr. O'LEARY GHERMAN — — — — — — — — — — — — — — — — — — — — — — — —