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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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LEGE No. 26 of May 12, 1994 on the organization and functioning of the
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 123 of 18 May 1994



The Romanian Parliament adopts this law + Chapter 1 General provisions + Article 1 The Romanian police are part of the Ministry of Interior and it is the specialized institution of the state that exercises on the territory of the country the duties on defending the fundamental rights and freedoms of persons, private and public wealth, and the discovery of crimes, respect for public order and tranquility, under the law. + Article 2 The activity of the Romanian Police is carried out exclusively on the basis of Police officers cannot be part of political parties or parties. + Article 3 In carrying out its missions, the Romanian Police collaborate with the other state institutions that have powers to ensure the law order and cooperate in this regard with citizens, within the limits of the law. + Article 4 The police organize themselves accordingly to the administrative organization of the territory It can also be organized according to the specificities of some sectors of the national economy-rail, air and naval transport-or economic and social objectives, depending on their number and importance. The police units are set up by order of the interior minister. + Chapter 2 Organisation and operation + Section I Organisational structure + Article 5 The Romanian police have the following organizational structure: a) General Inspectorate of Police; b) General Police Department of the Municipality of Bucharest; c) police inspectorates of the counties; d) Police inspectorates for rail, air and naval transport; e) educational institutions for the training and specialization of police. + Article 6 The General Inspectorate of Police is the central unit of the police that leads, directs and controls the activity of all other police units, carries out operative activities in causes of particular importance and any other activity given in his competence by law. + Article 7 The General Inspectorate of Police is led by an inspector general, appointed by Government decision, on the proposal of the Minister of Interior. The General Inspectorate is helped by a number of deputies, appointed, on his proposal, by the Minister of the Interior. In law enforcement, the police inspector general may issue mandatory provisions for subordinate personnel. + Article 8 The General Inspectorate of Police has in its organizational structure the general directions, directions, brigades, services and offices established with the approval of the Minister of Interior, within the limits of the available funds. + Section II Territorial units subordinated to the General Inspectorate of Police + Article 9 In Bucharest operates the General Police Department of Bucharest, led by a general manager, helped by deputies. In the counties the police inspectorates operate, led by a head of the inspectorate, helped by deputies. The Director General of the General Police Directorate of Bucharest, as well as the heads of the police inspectorates of the counties are appointed and issued by order by the Minister of Interior, with the opinion of the prefect. + Article 10 Within the General Police Department of Bucharest, the police units of the sectors are organized and operated, corresponding to its administrative-territorial organization. Police stations are organized and operated in each sector. Their number is established by order of the Minister of Interior, depending on the extent of the territory, the number of population, the number and importance of economic, social and political objectives, as well as the specific tasks of activity. + Article 11 Municipal and city police operate in municipalities and cities in counties, and in communes, police stations. Police stations can be established in the municipalities, and in communes with large territorial area, with dispersed villages and hamlets, police offices can be established, according to the criteria and under the conditions provided by art. 10 10 para. 2. + Article 12 In the rail, ship and air transport sector it is organised and operated, with specific competence, police inspectorates for transport. The number of police inspectorates for transport and their territorial area of competence shall be established by order of the Minister of the Interior. Police inspectorates for transport have in the organizational structure services, offices, compartments, as well as police stations for rail, naval and air transport. The heads of the police inspectorates for transport and their deputies are hereby appointed by the Minister of the Interior. + Article 13 The general police department of the city of Bucharest, the police inspectorates of the counties, the police inspectorates for transport, the municipal, city and sections of the sectors of Bucharest and other municipalities large can be organized on brigades, services, offices and compartments, according to the order of the interior minister, and operates on the basis of the organization and functioning regulation. + Article 14 By order of the Minister of Interior, at the proposal of the head of the General Inspectorate of Police, within the county police inspectorates and the General Police Department of Bucharest, police units can be established in objectives and areas of public interest, in relation to concrete work needs and within the limits of approved numbers and funds. + Chapter 3 Tasks + Article 15 The Romanian police have the following tasks a) defend life, bodily integrity and freedom of persons, private and public wealth, other legitimate rights and interests of citizens and of the state; b) ensure the maintenance of public order and peace and compliance with the law c) ensure, together with the gendarme troops, directly or in cooperation with other legitimate forces of the state, combating the manifestations of violence, neutralizing some actions likely to prevent the normal conduct of the activity on public ways, in markets, train stations, access areas to checkpoints for border crossing and other objectives of particular importance, restoration of public order; d) establish the necessary measures, according to the tasks related to it by law, on ensuring the normal conduct of public gatherings and events; e) directs and coordinates the organization and functioning of the security guard at public institutions and economic agents with state capital and grants, on request, specialized support to economic agents with private capital, as well as other applicants in the organisation and operation of the security guard f) act for the collection of information in order to know, prevent and combat crimes, as well as in situations where there is data or indications that the commission of illicit acts is being prepared; g) carries out, according to the competence established by law, activities for finding the commission of the facts provided by the criminal law and carrying out investigations in relation to these h) ensures security and operation, under the law, of places of detention and preventive arrest organized within the police units; i) carry out specific police activities in the field of rail, ship and air transport; j) exercise control, according to the law, on the possession, port and use of weapons and ammunition, possession and use of explosive materials, of the way in which operations with weapons, munitions and explosive materials are carried out, as well as on the operation of the repair shops; k) exercise control, according to the law, on compliance with the legal norms relating to toxic, narcotic and radioactive products and substances, as well as to other objectives and subjects subject to authorization, which present public danger or which may be used to commit crimes; l) supervises and controls road traffic, keeps records of drivers of motor vehicles and vehicles, except in cases exempted by law; collaborates with other public authorities to improve the organization and systematization traffic, ensuring the technical condition of motor vehicles, improving the training of drivers and educating road users; m) collaborates with educational institutions and teachers at the activity of educating children and school youth, in order to correct traffic on public roads; n) coordinates and directs in a unitary manner, together with the Department for Local Public Administration, the civil status activity in the public administration and provides the necessary registers and certificates for this activity; o) keep records of the population, issue identity documents and register the change of domicile, as well as of the residence of Romanian citizens, under the conditions provided by law; p) organizes, under the law, the criminal record for keeping the record of convicted persons or against whom other criminal measures have been taken; r) finds and applies sanctions for contraventions to the legal provisions given in the competence of the police s) participate, together with the gendarme and fire brigade units, in cooperation with troops of the Ministry of National Defence, civil protection units and other bodies provided by law, to the activities of rescue and evacuation of persons and goods endangered by fires, explosions, damage, accidents, epidemics, natural disasters and catastrophes, as well as to limit and remove the consequences caused by such events; t) performs any other duties that are given to it by law. The territorial units are obliged to support the prefects, mayors and chairmen of the county councils in the exercise of their duties to maintain public order and peace. + Chapter 4 Rights and obligations + Article 16 In carrying out his duties according to the law, the policeman is invested with the exercise of public authority and has the following rights and obligations: a) legitimize and establish the identity of persons who violate the legal provisions or are suspicious and take the necessary legal measures; b) to drive to the police headquarters, in order to take legal measures, those who through their actions endanger the public order, the life of persons or other social values, as well as to suspicious persons whose identity could not be established. Persons suspected of actions endangering the public order, the life of persons or other social values, who refuse to decline their identity or it cannot be established, are led to the police headquarters to clarify the situation and, where appropriate, their presentation, immediately, before the competent prosecution body, activities that may not take more than 24 hours; c) to invite the police headquarters of the persons whose presence is necessary for the performance of the legal duties of the police, by bringing to the attention, in writing, the purpose and reason of the invitation; d) to take the measure of detention, to enforce the warrants for bringing, the arrest warrants and those for the execution of penalties in the cases and under the conditions provided by law. Police research bodies have the obligation to immediately inform the detained or arrested, in the language they understand, the reason for detention or arrest, and the accusation, in the shortest term. The charge shall be brought to the attention only in the presence of an elected or appointed public defender; e) to provide support to persons with functions involving the exercise of public authority, if they encounter physical resistance in the execution of service tasks; f) to enter, in order to carry out the legal duties, in any premises of economic units, public or private institutions, social-political organizations, regardless of the holder, the owner or its destination, on board the ships and Romanian aircraft, in compliance with legal provisions. Any search or act of prosecution must be done only with the consent of the management of these units, institutions or organizations, of the commanders of the ships or aircraft or with the authorization of the magistrate, under the conditions provided by law. In case of flagrant offence, consent or authorization is not required; g) to enter the home of individuals, at the request or with their written consent, or with the authorization of the magistrate, under the conditions provided by law. In case of flagrant offence, consent or authorization is not required; h) to control vehicles in road traffic, in case of serious crimes or when there are thorough indications that the commission of crimes is imminent, and the person or goods sought are in the controlled area; i) to carry out checks and raids when there are indications of the commission of crimes or the hiding of criminals or property from crimes; j) to carry on the armaments with which the necessary ammunition is also equipped, whether in uniform or civil, and to use for the performance of missions, motor vehicles with or without the distinctive insignia of the police; k) to use any means of transport and telecommunications, regardless of owner or holder-natural person or legal person-, except those belonging to the diplomatic corps, for taking legal measures that do not suffer amination and that cannot be brought to fruition otherwise. Occasional expenses will be paid later, at the request of the owners, and will be borne, as the case may be, from the funds of the police bodies or persons who determined the intervention; l) to use, free of charge, public transport during the service for the execution of missions that cannot be fulfilled otherwise; the personnel of the transport police have the right to use, free of charge, the means of transport rail and naval in the execution of duties. The use of means of transport is based on the service card; m) to request the support of citizens for the performance of legal duties related to the pursuit, apprehension, immobilization and management at the police units of criminals, persons who take actions through which they endanger the bodily integrity of other persons, those who disturb by violent acts public order and tranquility or who degrade or destroy property, as well as persons who take actions of outrage against an official who fulfils a function involving the exercise of public authority; n) exercise any other rights and fulfill any other duties provided by law. In the exercise of his duties, the policeman is obliged to make his quality known in advance and to present the service card. He is obliged to act with impartiality and dignity, to have a polite and civilized conduct towards citizens, firm and uncompromising towards those who violate the laws of the country. + Article 17 In order to combat organized crime and serious crimes, in the interest of prosecution, the police can request the competent prosecutor's office interception of telephone conversations and the opening of correspondence by the competent bodies according to Law no. 51/1991 51/1991. + Article 18 To prevent and neutralize the aggressive actions of people who seriously disturb public order and peace, actions that could not be removed or annihilated by using other legal means, the policeman can use the protective shield, helmets with visor, rubber sticks, electrostatic energy sticks, devices with irritant-tear substances, water jets, rubber bullet guns, service dogs, as well as other means of immobilization, which also do not put in place. danger life or do not cause a serious bodily injury. The means provided in par. 1 1 may be used against persons who: a) undertake actions that endanger the bodily integrity of other persons; b) tries to enter or enter without right into the premises of public administration bodies, political parties or other institutions of public or private interest and endangers in any way their security and personnel normal conduct of business; c) ultragize the law enforcement bodies or persons with functions involving the exercise of public authority, through threat, hitting or any other acts of violence. Use of means provided in par. 1 against participants in aggressive actions will be done gradually, after repeated prior warning, on the use of such means and leaving the time necessary for the cessation of actions and leaving the area. The means used must not exceed the actual needs for preventing or neutralising aggressive actions. + Article 19 In case of absolute necessity and when the use of other means of preventing or coercing is not possible, the policeman may use the force of white weapons or firearms, under the conditions strictly provided by law for: a) his and other persons ' defence against attacks which endanger their life and health, as well as for the release of hostages; b) the rejection of attacks directed against premises or other police goods or on the forces of law enforcement, when their lives are in imminent danger; c) defence of the objectives, the perimeter of the land or of the persons responsible for it d) detention of criminals caught in the act who try to flee and do not obey the summons to remain at the scene; e) the detention of the offender who fought back with white or fire weapons or those escaped from the holding places or fleeing from the escort. + Article 20 The use of the means provided in art. 18 18 and 19 against women with visible signs of pregnancy, persons with manifest signs of disability and children, except in which they perform an armed or group attack, which endangers the life or bodily integrity of certain persons. people. + Article 21 In the cases provided in art. 19 and 20 will only make use of the weapon after the legal injunction was made. The summons is done by the word: "Wait!". In case of disobedience, he summons himself again by the words: "Stay like I'm shooting!". If the one (those) in question does not obey this time either, he summons himself by firing the gun fire up, vertically. If, after the execution of the legal notice, according to the provisions of this article, the person (s) concerned does not obey, one can make use of the weapon against it. The gun use will be made in such a way as to lead to the immobilization of those against whom the weapon is used, in order to avoid causing their death. The use of the weapon can be done without notice in the case of the surprise attack exerted on the policeman or another person, as well as for the detention of criminals who fight back with white or fire weapons, if the time required for summons. + Article 22 Police intervene in force to prevent or neutralize manifestations that disturb public order and peace, which endanger the life and bodily integrity of people and law enforcement or threaten the devastation or destruction of buildings and goods of public and private interest. The forceful intervention of the police and the other law enforcement bodies, with technical means provided, will be decided, for each case, by the prefect, mayor or their substitutes in the locality where such events took place, at the request of the head of the local police body or its replacement. The use of technical means provided is only after warning and summons, by means of sound amplification, of participants in disorder, on the need to respect the law and public order. If, after warning, public order and laws are still violated, the policeman appointed as head of the order device or hierarchical chiefs summons the participants, using the formula: First summons: " Attention, please leave ... We will use the Force! ", followed by sound and light signals. If, after the passage of the period of time necessary for dispersal, the unemployed do not obey, a last summons is used, as follows: Last summons: "Leave .... force will be used!". If the use of firearms is also required in such situations, the last summons will be repeated in advance. The use of means of preventing and coercing ceases as soon as public order has been restored. The approval of the intervention is not necessary if violence is exercised on the law enforcement bodies or they are in imminent danger. + Article 23 Every situation that has been made use of the weapon relates to the hierarchical emergency. If a person's death or injury occurred as a result of the weapon, the act shall be communicated immediately to the competent prosecutor. + Article 24 By order of the inspector general of the police are appointed the police who have the quality of criminal investigation bodies. In carrying out specific activities, the policeman has the territorial competence corresponding to the police unit of which he belongs In case of continuation of a specific measure or activity, the policeman may also act in the territorial area of other police units, communicating about this competent unit. In case of detachment or orderly mission within the territorial area of another police unit, the policeman has the territorial competence established for that unit. The policeman of the General Inspectorate of Police has general territorial competence. + Article 25 The policeman is obliged to intervene also outside the hours of the program, his duties and the territorial competence of the unit to which he belongs, when he becomes aware of the existence of a flagrant crime, as well as for the preservation evidence in the case of other offences whose research will be carried out by the competent bodies. + Chapter 5 Romanian Police personnel + Article 26 The staff of the Romanian Police are composed of police and civilian employees. The rights and specific duties of the policeman shall be established by statute. + Article 27 The policeman is prohibited from causing a person suffering physical or mental suffering, in order to obtain, from this person, or from a third person, information or confessions, to punish him for an act that this or a third person She committed it or is suspected of having committed it, intimidating her or pressuring her or a third person. The policeman is also forbidden to commit acts of torture, in any circumstance, whatever it is, whether it is a state of war or threats of war, internal political instability or any other state of exception. The policeman cannot invoke the order of the superior or other public authority, to justify the violation of the law, in any of the situations provided in par. 1 1 and 2. + Article 28 The policeman responds for his acts committed by the abusive performance of their duties or their non-performance and can be held liable under the conditions provided by law. + Article 29 Police personnel are obliged to ensure that the health and bodily integrity of persons whose security they exercise are fully protected and, in particular, immediately take steps for medical care to be provided to them each time they are protected. required. + Article 30 Police personnel are obliged to have a correct conduct, to be upright and incorruptible and to act resolutely to prevent and combat any acts likely to impair the authority and prestige of the institution. + Article 31 Police personnel are obliged to comply with the law and act to prevent any violation of it. Police personnel who are aware of the violation of the rules on the conduct of the policeman are obliged to report to the hierarchical superiors and, if necessary, to other competent authorities. + Article 32 Police personnel enjoy stability at the police unit at which it was named. Advancement in office, relocation, transfer or posting, as well as removal from the police can be done in the cases provided by the statute and the regulation approved by the Minister of the Interior. + Article 33 Civil employees are subject to the provisions of the statute of civil servants, the provisions of the Labor Code and the other legal norms regarding their rights and duties, in so far as the present law does not have otherwise. + Article 34 The police come from the ranks of graduates of specialized educational institutions. To meet the needs of specialists they can fit into the police and graduates of civil educational institutions. The General Inspectorate of Police organizes courses for the specialized training of police, perfecting their specialized training and civil employees, within the limits of the funds approved for this purpose. For certain periods of time, under the law, police personnel from the reserve can be recalled in activity. + Article 35 Police officers submit to employment the oath provided in the status of the policeman. Civil employees, in framing, submit the following oath: "I swear to respect the Constitution and the laws of the country, to keep professional secrecy and to fulfill my entrusted tasks in good faith." + Article 36 The money rights that are due to the police are established by laws and decisions of the Government, on the basis of which the Minister of the Interior can issue orders and instructions for application. + Article 37 The right to pension of police personnel is established under the law. Police personnel, their families and their descendants shall be provided with social health care and, as the case may be, social security rights, under the conditions provided by law. + Article 38 In exercising their duties, the police enjoy the special protection, according to the provisions of the criminal law. In the case of crimes committed against the husband or wife or children of the policeman, for the purpose of intimidation or revenge for legal measures taken by him in the exercise of his duties, the maximum limits of the penalties provided for in The penal code is increased by 2 years. The omor enjoyed against a policeman in the exercise of his duties or in connection with the performance of these duties constitutes the crime of aggravated murder and is punishable according to art. 176 of the Criminal Code. + Article 39 Police officers who have lost all or most of their ability to work as a result of committing crimes, during or in connection with the service, will receive a permanent disability pension, equal to their salary. the time, and will benefit, only once, from a gratification equal to five times the salary of the last month of activity. Police officers who have become partially incapable of work under the conditions of para. 1 and can no longer continue to exercise the profession will benefit from a pension equal to at least 1/2 of the salary had in the last month of activity, of a pardon equal to three times the salary had at the time, as well as the right to cumulate the pension with the salary they can receive for another activity carried out. + Article 40 Descendants of deceased police officers during or because of the service, or under the conditions of art. 38 38 para. 3, are granted, according to the law, a pension equal to the full salary that the respective police had at the time of death. If there are no survivors and no surviving spouse, if the deceased was the only supporter of his parents, they will benefit, under the law, from half of the survivor's pension, established according to the provisions of paragraph 1. + Article 41 The rights provided for in art. 38, 39 and 40 benefit any military who participated in cooperative actions in order to carry out missions. + Article 42 For persons referred to in art. 38, subject to threats or ill-treatment, as a means of intimidation or revenge, the Ministry of Interior has the obligation to give operative all support, in order to eliminate the danger, catch and hold the culprits to account. + Article 43 The Ministry of Interior will advance the necessary amounts to cover the material damages suffered by the police and their family members, under the conditions of art. 38, going to recover them from the guilty persons, according to the law. + Article 44 The components of the armed forces that cooperate with the police and will have cases covered by art. 38 provides the necessary amounts to cover the material damage suffered by the military and their families. + Article 45 Police personnel can be awarded orders, medals and titles of honor, provided by law, for fulfilling with faith their obligations, defending public order and the laws of the country. + Chapter 6 Final provisions + Article 46 The Romanian Police units cooperate with: a) central specialized public authorities and local public administration authorities; b) state bodies responsible for national security; c) the large units, units and institutions of the Ministry of National Defence in carrying out tasks regarding the security of some objectives, combating the manifestations of violence and restoring the law order, civil defence, carrying out obligations military, traffic on public roads, as well as other duties provided by law or established by the Government or by decision of the Supreme Council of Defense of the Country; d) the other units and organs of the Ministry of Interior. + Article 47 The heads of the local police bodies have the obligation to inform periodically or upon request prefects and mayors about the criminal state, the measures taken to prevent and discover crimes, maintain public order and tranquility, ensure guard and request the support of the public administration in relation to the necessary measures in the administrative-territorial unit for the application and observance of the laws, decrees, decisions and ordinances of the Government. + Article 48 Confidential information, which is held by police personnel, must be kept secret, unless the duties of the office or the needs of the judiciary require their disclosure. + Article 49 The General Inspectorate of Police can authorize, on request, the establishment of detective companies or the exercise of private detective activity. The conditions for the authorization, organization and functioning of detective companies or for the exercise of private detective activity shall be established by Government decision. + Article 50 The Romanian police cooperate with similar bodies in other states and with international police bodies, based on the agreements to which Romania is a party. Within the framework of the International Criminal Police Organization-INTERPOL-cooperate with the national polices of the other Member States of this organisation. + Article 51 The Romanian police are organizing their data bank on crime and crime. + Article 52 The police units use a fleet of their own vehicles and have the technical and scientific equipment and other means necessary for the performance of their duties. In addition to the police units, health assistance units, sports departments or associations and annexes can be constituted. + Article 53 The structure of the police units and personnel positions for each unit shall be established by the Minister of Interior, in relation to the numbers approved by Government decision. + Article 54 Within 90 days of the adoption of this law, the Government will present to the Parliament for approval the draft law on the status of the policeman. + Article 55 Law no. 21 21 of 18 November 1969 on the organisation and functioning of the militia and any other provisions to the contrary shall be repealed. This law was adopted by the Chamber of Deputies and the Senate at the joint meeting of April 19, 1994, in compliance with the provisions of 74 74 para. ((1) and of art. 76 76 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE SENATE PRESIDENT prof. univ. dr. OLIVIU GHERMAN ------------------------