Law No. 18 Of 4 April 1996 On Guarding The Goals, Values And Goods

Original Language Title:  LEGE nr. 18 din 4 aprilie 1996 privind paza obiectivelor, bunurilor şi valorilor

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Law No. 18 of April 4, 1996 (* updated *) concerning the guarding of persons, goods and values objectives (updated until May 14, 2003)-PARLIAMENT ISSUING — — — — — — — — — — — *) original text was published in MONITORUL OFICIAL nr. 75 of 11 April 1996. This is the updated form of S.C. "territorial Center of Electronic Computing" until May 14, 2003, with amendments and additions to law No.: 190 of 14 October 1998; EMERGENCY ORDINANCE No. 161 of 13 October 2000.
Romanian Parliament adopts this law.
— — — — — — — — — — — — — — the title of the law was amended by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.


Chapter 1 General provisions Article 1 (1) natural persons can call for personal protection services to a person in the framework of specialised security firms, under the present law. Specialized person employed, still called the bodyguard, is bound in its entire business provisions of this Act, other legislation, as well as the terms of the contract, fulfilling his tasks with smooth-and-faith and in the service of the person.
  

(2) the ministries and other specialized bodies of Central and local public administration, the autonomous administrations, companies and societies, national research institutes, companies, regardless of the form of social capital, public institutions, and other organizations who have goods or values on any basis, referred to in this law, are required to ensure their guard.
  

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Art. 1 was amended by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.


Article 2 depending on the importance and value of the goods, the specifics that you hold, the managers of establishments referred to in article 1. 1, with the professional competence of the police or gendarmerie, shall lay down detailed rules for the Organization and execution of security, where appropriate, with the gendarmes guarding flocks with guards, guarding or guarding through specialized companies.
Units grouped in a certain space on the advice of police, guard can be organized jointly with the public, security guards or through specialized companies. The leaders of these units shall establish the form of protection, obligations and responsibilities of each beneficiary, including those relating to the preparation of the plan.
At the other, where you can't make a guard organized system, their heads are obliged to execute the fencing, grids, shutters, safe locks, security lighting, alarm systems or other means necessary to ensure the security and integrity of the property.


Article 3 responsibility for measures to ensure the security of goods and values held on any basis is the responsibility of Heads of units referred to in article 1. 1 and 2.


Article 4 managers of establishments referred to in article 1. 1 are required as part of the measures, the guard, to introduce and burglar alarm systems against the corresponding importance and specificity of goals and assets that must be guarded.


Article 5 (1) Guard is organized and carried out according to the plan drawn up by the guard unit whose goods or values guard on the advice of the specialized police, which is mandatory and for changing the plan. This notice is not necessary in the case of establishments at which guard ensure with actual Rangers.
  

(2) the security plan shall be determined, in particular: the number of posts and their location, personnel, facilities, installations and technical means of protection and alarm, measures necessary to ensure that those are important values, transport stations, connection and cooperation with other bodies involved in guarding the goals, values and goods. It also will be provided and access rules, according to the provisions of the unit's head, as well as specific security service documents.
  

(3) in the case of establishments to ensure that effective guard gendarmes guarding the plan drawn up by common agreement, of the gendarmerie unit and the unit to which they guard.
  

(4) the documents required for the purposes of enforcement and of guard service and their patterns are established by order of the Minister of the Interior.
  

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Art. 5 was amended by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.


Chapter 2 section 1 guard Forms Guard with actual Rangers Article 6 (1) Guard the objectives of particular importance for the defence of the country, the activity of the State, the economy, science, culture and art, to the premises of diplomatic missions or by certain foreign economic agents and dealers, as well as the special values ensure with actual Rangers.
  

(2) the actual gendarmerie Guard with can be provided and at the offices of international bodies which carry out activities in the country, at their express request, addressed to the Romanian Government.
  

(3) the objectives and values referred to in paragraph 1. 1 and 2, as well as personnel, material and financial means needed to ensure security with effective Rangers shall be determined by decision of the Government.
  

(4) at the request of individuals and legal entities, in what situations do not suffer from procrastination, other than those referred to in paragraph 1. (1) and (2) of the Romanian Gendarmerie commander may approve temporary guard insurance with actual Rangers, objectives, values and goods transports.
  

(5) why do not suffer situations Through procrastination means actually States characterized by internal tensions, acts of randomness and disorder serious public order, criminal, calamities, catastrophes, frequent thefts from public or private property, which require to be taken without delay, under guard with effective Rangers, objectives, places, portions of land, other than those referred to in paragraph 1. (1) and (2).
  

(6) Guard with actual Rangers, which was approved under the terms of paragraph 1. (4) upon termination, this raises special situation which required its establishment.
  

(7) the effective lifting of the gendarmerie guard with the decision made by the Government in the cases referred to in paragraph 1. (1) and (2), by order of the Commander of the Romanian Gendarmerie, in the circumstances referred to in paragraph 1. 4. (8) in the event that units which have been prescribed by legal acts securing with actual Rangers would inhibit their change, or outgoing times discard this form of protection, the Government's decision to lift the Guard will be established and the rules for the redistribution of budgetary appropriations made available and approved for that purpose.
  

— — — — — — — — — — —-. (4) to (8) of article 1. 6 have been introduced by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.


Article 7 (1) Establishments benefiting from the guard with actual Rangers conclude contracts by way of provision of services with the gendarmerie units, at the level of esalonului which has its own financial organ.
  

(2) Security Service with effective Rangers shall be made against payment in accordance with the tariffs set by the Ministry of the Interior at the expense incurred in the performance of the security service, approved by the Competition.
  

(3) Security Service with effective Rangers may be carried out and the conditions under which, in counterpart, beneficiary services offers, in its turn, goods or services, whether they are necessary in the Romanian Gendarmerie.
  

(4) the conditions of carrying out security service as provided for in paragraph 1. (3) shall be determined by decision of the Government within 60 days *).
  

(5) the budgetary Units and premises of diplomatic missions, as well as extrabudgetary units of strategic interest or which hold an installation times special targets of national importance are the beneficiaries of protection with effective Rangers, who are exempt from payment, shall be determined by decision of the Government.
  

(6) the proceeds realized from guarding gendarmerie units carried out, according to law, be retained in full by the extra-budgetary revenue, they like on a permanent basis, which will be used to cover current expenditure and capital.
  

(7) contracts between units of the gendarmerie unit to ensure that the guard had validity throughout the duration of application of the normative act which established military guard. The clauses of the contracts may be amended periodically, with the agreement of both sides.
  

(8) the recipient units guard Leaders, for a fee, with effective Rangers will be bound by the contract to be concluded in the form of a letter of banking guarantee, on behalf of the service provider, the amount of the provision of the Service contracted for a period of 3 months.
  

(9) installation of security will be done only after ensuring the security of the service conditions laid down in the contract.
  

(10) in the event of obligations under the law and to the beneficiaries of protection, picking up Guard at the objectives provided with effective Rangers can be done within 60 days after the draw, in writing, of their leaders, by order of the Commander of the Romanian Gendarmerie.
  

(11) the lifting of the guard by order of the Commander of the Romanian Gendarmerie under the conditions laid down in paragraph 1. (10) can be made and where the beneficiary unit guard leader refuse conclusion of or updating the contract with Rangers unit that provides livestock.
  

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Art. 7 was amended by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.
— — — — — — — — — — — — — *) the term shall run from the date of publication of this emergency Ordinance in the Official Gazette of Romania, part I.


Article 8 (1) Guard with effective Rangers is organized and run according to the plan drawn up by the Commander of the guard unit and military leader of the receiving unit, in compliance with the provisions of art. 5. (2) livestock gendarmes who guard the targets with a high degree of difficulty will get the same increases for harmful or dangerous conditions, heavy work, as appropriate, as well as of the personnel of that objective.
  

— — — — — — — — — — — —-. (2) of article 9. 8 was introduced by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.


Article 9 In the units where works concurrently with actual Rangers guarding, security guards, security with public or through specialized companies guard guard, they are integrated in the system of the military guard.


Section 2 of the Guard with the guards guarding the public article 10 goods and values held by legal and physical persons can be provided through the body and the guardians.


Article 11 Guard with flocks of guards is made public in accordance with the law. 26/1993 relating to the establishment, organization and functioning of the body the guardians.


Section 3 has its own Guard Article 12 Goals, values and goods, other than those referred to in article 1. 6, which requires to be permanently guarded can be ensured by own guard personnel specifically employed.


Article 13 private Guard held in relation to the nature of the objectives, of the goods and values to be guarded with the location, extent and the vulnerability of some units and places in their precinct, the number of exchanges in which the work is done, access points, and other specific criteria.


Article 14 heads of units holding, on any basis, agricultural lands are forced to organize their own guard field.
Guards field are required to ensure all goods guard of farmlands, the employee, and to bring it at the time, the competent organs about calamities, the emergence of pests and other events likely to produce damage agriculture or producing environmental pollution in the area.


Article 15 (1) Guard railways, forests, forest land, and hunting funds, pipelines for the transport of hydrocarbons, irrigation systems, telephone networks and electricity transmission ensure the heads central units in the field through specialised bodies.
  

(2) specialised Bodies of the security is organized and operates under a regulation approved by the Government.
  

(3) security personnel of the specialized bodies is equipped with uniforms, insignias and self-defense means corresponding to those laid down in the own organization and operation regulations.
  

— — — — — — — — — — — —-. (3) art. 15 was introduced by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.


Article 16 (1) Municipalities are forced to take steps like in common and villages to ensure that guard public goods and citizens through the forms provided for by the present law and their inhabitants through the rotation, in accordance with the decisions of the local councils, after prior consultation of the local inhabitants. Residents ' consultation is achieved through popular assemblies organized in villages.
  

(2) persons who perform a rotating Guard must fulfil the conditions laid down in article 21. 19 para. (1) (a). a)-d), not to exceed the maximum age of retirement and to wear distinctive insignia during the execution of the service.
  

(3) payment of the security service will ensure budgetary funds.
  

— — — — — — — — — — — —-. (2) of article 9. 16 was amended by law No. 190 from October 14, 1998 published in MONITORUL OFICIAL nr. 394 of 16 October 1998.
Paragraphs 1 and 2. (1) and (2) of article 3. 16 were amended by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.


Article 17 (1) security personnel shall consist of security guards, janitors, auditors or others access established by the management unit of the time designated to provide training, supervision and coordination of work.
  

(2) for the training, supervision and coordination of the activities of the guard units guarding the stations where the number is over 20, the management structure required consists of Chief, Chief, Chief of training.
  

(3) other units where the number of guards is below 20, the specific tasks of the security are fulfilled by an empowered leadership unit.
  

(4) the head of the guard service or representative with the guard unit is subject to direct management and sets along with it the most effective measures.
  

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Art. 17 was amended by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.


Article 18 (1) the private guard uniform, equipped with protective equipment and distinctive insignia, which he wears during the execution of the service. Conditions for providing uniform, protective equipment, the description, the scale, and the distinguishing insignia shall be determined by decision of the Government.
  

(2) the opinion of the police, members of the guard units may be equipped with firearms, cold steel, rubber batons, tear sprays and other means of individual defence in relation to the importance of the aims, values and guarded.
  

(3) The units where the actual work with the gendarmerie guarding and guarding its own verification, advising, equipping it with weapons, training and supervision of security personnel is carried out by the gendarmerie unit which coordinates the unique guard.
  

— — — — — — — — — — — —-. (2) of article 9. 18 was amended by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.
Paragraphs 1 and 2. (3) art. 18 was introduced by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.


Article 19 (1) a person to be classified as a watchman must meet the following conditions: a) is a citizen and to have aged 21 years and the maximum age of retirement provided for by law;
  

b) have mental and physical skills, appropriate professional tool;
  

(c)) to be known as the correct person, with a good citizen and to conduct not undergone convictions;
  

d) have satisfied military service;
  

e) be a graduate of secondary school education and to be certified by the competent authority.
  

(2) can be placed in the position of guardian and women who fulfil the conditions laid down in paragraph 1. 1, except for white and rosé wines. d). — — — — — — — — — — — — — — (a)), b), c) and (e) of paragraph 1.) (1) of article 1. 19 have been amended by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.


Article 20 (1) attesting the execution of personnel security activities, objectives, values and goods of the balustrade is made after obtaining the opinion of the police or the gendarmerie, as appropriate, and the graduating qualification courses with the duration of at least 45 days, surcharge, organized by the Romanian Gendarmerie, the guardians of public bodies or specialized security companies approved by the Ministry of the Interior and the Ministry of labour and social security.
  

(2) qualification Courses are conducted on the basis of specific topics, approved by the General Inspectorate of the police or the National Gendarmerie Headquarters, as appropriate, under the supervision and guidance of these institutions and shall be completed by examining and certifying the graduates by a Committee which includes a representative of the County Police Inspectorate or the General Directorate of Bucharest police where appropriate, and a representative of the Directorate of employment and protection of County social or Labour Directorate and social protection Bucharest, where appropriate, of the Ministry of labour and social security.
  

(3) in the case of courses organized by the Romanian Gendarmerie, from the Committee on attestation and a representative of the gendarmerie command headquarters or County Rangers of Bucharest, where appropriate.
  

(4) the inclusion of qualifying courses is done on the basis of the request of the applicant, documents certifying the fulfilment of the conditions laid down in article 21. 19 and the opinion of the police or gendarmerie, as appropriate.
  

(5) security personnel and bodyguards, which satisfies the conditions laid down in article 21. 19, verify and endorsed, within 30 days from the date of the request by the County Police inspectorates or of General Directorate of Bucharest police or by gendarmerie units, referred to in art. 18 paragraph 1. (3) where appropriate.
  

(6) the equivalent amount of qualifying support to the candidate.
  

(7) the situation of qualified persons shall be communicated by the organisers of courses for qualification referred to in paragraph 1. (1) the General Inspectorate of police within 10 days from the date of graduation and the County Police Inspectorate or the Police General Directorate of Bucharest, where appropriate, within which reside, which will host track of the qualified personnel.
  


(8) the request shall be made by notifying the driver unit that organises qualification courses or, where appropriate, of where he is employed security personnel or bodyguard.
  

(9) the employment of staff in the service of the security, property, assets or balustrade is made on the basis of the opinion referred to in paragraph 1. (4) the certificate of criminal record and completing the course received the attestation of qualification and shall be made within 10 days, if necessary, to the police or the gendarmerie territorial competence.
  

(10) in case of withdrawal of the opinion that the cause can not be maintained in the security service.
  

(11) the managers of establishments referred to in article 1. 1 (1). (2) possessing state secrets or performing strategic interest are required to request, in addition to the opinion of the police or the gendarmerie as referred to in paragraph 1. (4), and the opinion of the Romanian Information Service for staff hired to enforce the security service.
  

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Art. 20 was amended by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.


Section 4 of the Guard by companies specialized in article 21 (1) specialized Societies guarding shall be established and operate in accordance with the law, with the authorization of the General Inspectorate of police and with the opinion of the Romanian Information Service.
  

(2) the companies referred to in paragraph 1. (1) will have as its main activity. The staff of such companies is prohibited from gathering information outside the object of activity in the field of security.
  

(3) heads of specialized security firms must obtain the opinion of the County Police Inspectorate or the General Directorate of Bucharest police, as appropriate, in whose territorial RADIUS the societies concerned are established. Leaders of guarding firms are specialized associate/associations, and individuals who provide operational leadership activities, fulfilling the functions of administrators, CEOs or other similar functions.
  

(4) the competent Organ of the police may be given to the opinion of the persons specified in paragraph 2. (3) the Romanian citizenship and having their residence in the country, have reached the age of 21 years of age, possess adequate training duties, are known with a good citizen and conduct have not undergone convictions.
  

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Art. 21 was amended by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.


Article 22 (1) heads of specialized firms Guard are required to ensure compliance with the laws and regulations of the Organization and functioning of this form of protection, in hiring, training and supervision of personnel, uniform and distinguishing marks, and fitted with means of intervention and individual defence, according to art. 18-20 of this law.
  

(2) payment for services rendered by the security companies specialized guard is made on the basis of contracts concluded with the beneficiaries.
  

(3) specialized guard Companies cannot adopt uniform accessories, insignia, equipment or designations similar to those of the public authorities likely to lead to confusion between specialized companies and public authorities.
  

(4) the equipment of the security personnel will only be engraved with the name and logo of the company in connection with the approved authorization. Motor vehicles belonging to specialised firms guard is only inscriptioneaza name, logo and telephone numbers of the company. Equipping and using beacons or specialized motor vehicles companies mermaids guard is prohibited.
  

(5) companies specialized guarding, as legal entities, may be associated with security companies, in compliance with the provisions of this law.
  

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Alin. (4) and (5) of article 2. 22 were introduced by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.


Section 5-the bodyguard-— — — — — — — — — — — —-section 5 was introduced by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.


Article 22 (1) ^ 1 bodyguard may be exercised by staff of specialized companies, established according to the law, with the authorization of the General Inspectorate of police.
  

(2) individuals may employ bodyguards only on service contract concluded with specialized security firms covered by paragraph 1. (1).
  

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Art. 22 ^ 1 was introduced by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.


Article 22 ^ 2 (1) staff who run bodyguard service is required as in the activities undertaken to comply with the laws in force and not to insult in any way the rights and freedoms of citizens.
  

(2) during the service personnel who run the bodyguard has in addition to the obligations laid down in article 21. 26 lit. f), g), (h)),),),),) and the following specific obligations: a) to wear during service the uniform, insignia, means of defence and protection which is equipped, including the troops authorized by the police, that they use only in the cases and under the conditions provided by law. The port is forbidden weapons in the premises of public institutions;
  

b) to defend the person to whom they provide body guard against attacks that endanger life, body integrity, health or assets;
  

(c) to take first steps) to save the person benefiting from the bodyguard, when it has been wounded;
  

d) not to execute, at the request of the beneficiary's bodyguard, activities which exceed the limit of his powers;
  

e) to inform the police as soon as it becomes aware of information or data about the imminent preparation or committing the crimes;
  

f) to stop and hold, depending on the possibilities, persons who have committed acts provided for under penal law against the person to whom the guard and teach them immediately to the nearest police station;
  

g) in the case of any of the facts referred to. f) ensure, as far as possible, guarding the crime scene and sample materials until the arrival of the police, without abandoning the Mission of bodyguard;
  

h) should be subject to State authorities and to give the contest to achieving the tasks incumbent on them to catch criminals, without violating its obligations to the person in the guard;
  

I) to cooperate with State authorities with competences in the field of defence, public order and national security.
  

(3) mode of action in various staff situations what run bodyguard service is established by the rules of organization and functioning of specialised security company approved by the General Inspectorate of the police on the occasion of its authorisation.
  

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Art. 22 ^ 2 was introduced by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.


Chapter 3-Guarding transport important values in article 23 (1) the transport of important values consisting of cash, securities, credit checks and other records of value in precious metals and stones, scientific, technical, cultural and art, as well as the carriage of weapons, munitions, explosive materials, drugs, toxic or radioactive substances or other dangerous materials or substances shall be carried out by means of transport specifically intended for cover, where appropriate, with the gendarmes, guards, servants, guards or specialized firms own guard, armed with firearms, in accordance with the law.
  

(2) the necessary goods and Livestock guarding the values referred to in paragraph 1. (1) shall be determined by common accord of the heads of units that provide security and actual beneficiaries, through plane guard and under contract, subject to the amount of their importance, the operative situation, means of transport used, duration, weather conditions and legal regulations in force. Regardless of the nature of the shipment, its guard will ensure at least one armed person.
  

(3) For the presence of guard transport of the goods and values referred to in paragraph (1), the persons concerned shall ensure, where appropriate, the conditions for the execution of the service, as follows: a) or compartment carriages type body guard for the carriage by rail;
  

(b) armoured cars for transporting) values;
  

c) machines specially designed for semiblindate or escorting transport auto;
  

d) specially designed compartments or reserved for naval or air transport.
  

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Art. 23 was amended by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.


Article 24 (1) intended for the transport Means and car values of the goods referred to in article 1. 23 para. (1) shall certify under the law can be properly equipped with technical devices are guarding and alarm, which ensures full security of persons accompanying and values conveyed, and it matches with the technique of radio broadcasts on frequencies approved in accordance with the law.
  

(2) during transport the values out of the localities or when the situation in the area, the unit's leader will ensure at least one accompanying crew guarding and protection.
  

(3) the designated Person or particular referred to in paragraphs 1 and 2, the guardian. 2, can be armed with firearms, in accordance with the law.
  

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Paragraphs 1 and 2. (1) and (2) of article 3. 24 were modified by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.


Article 25 (1) managers of establishments are required to provide security, mechanical-physical means of protection and burglar alarm systems against, in the places of storage, storage and handling of goods and values referred to in article 1. 23, the magnetic data and long life information, documents and data State secret, and where activities that have such a character.
  

(2) the elements of mechanical-physical protection of buildings intended for embedded storage, storage and handling of goods and values of any kind must be certified that resists burglary.
  

(3) mechanical-protection elements in the sense of this law means the walls, nets, armor, iron, metal cabinets, hoards, and the protective foil, gratings, doors and locks.
  

(4) by burglar alarm systems against the purpose of this law means a number of electronic equipment consisting of central command and signalling, acoustic and optical detectors and acoustic show, shockproof, panic buttons and pedals, access control and closed circuit television, with possibilities of recording and storing data and images of nature to ensure adequate protection and persons.
  

(5) Installation, and any change to alarm systems against starting is achieved only after the approval of projects by competent police organ or, in the situation referred to in article 1. 18 paragraph 1. (3) by the Power Rangers, which controls the stage works, including commissioning.
  

(6) draft alarm systems against starting shall be drawn up in accordance with the technical standards laid down by decision of the Government.
  

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Art. 25 has been amended by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.


Chapter 4 rights and Obligations of the staff of the security article 26 security personnel must know and comply with the duties incumbent upon them, being directly responsible for guarding and integrity objectives, assets and values assigned to them.
During the service, security personnel is obliged: a to know the places) and vulnerabilities from the goal perimeter to prevent any acts likely to harm units guarded;
  

b) objective, and observe the values received in the guard and ensure their integrity;
  

c) to allow access in the only objective in accordance with legal rules and provisions; carry out checks at the entry and exit of persons inside the establishment, means of transport, materials, documents and other property;
  

d) not permit persons residing in guarded targets while intoxicated;
  

e) to stop and to legitimize the individuals about whom there are data or indices they illustrious or other offences of unlawful acts in the goal guarded those violating internal rules established by their own regulations, and in the case of flagrant offences, to stop and teach police făptuitor, goods or values that are subject to the proceeds of crime or other unlawful acts, taking measures for the conservation of their guard times at the same time, writing a report about taking such measures;
  

încunoştiinţeze f),, leadership unity and hierarchical boss about any event during the execution of the service and of the measures taken;
  

g) in the event of damage to facilities, pipeline products or water tanks, fuel whenever chemicals, electrical and telephone networks and in any other circumstances which are likely to cause damage, to bring immediately to the attention of those entitled to such events and take the first steps immediately after finding;
  

h) in the event of fire, to take immediate measures of extinguishing and rescue of people, goods and values, to bring it to the firefighters and to announce the leadership of the unit and the police;
  

I make) to save people, goods and values in the event of disasters;
  

j) to refer the matter to the police in connection with any act of nature to harm the unity and heritage to make the contest for achieving the tasks incumbent upon the police to catch criminals;
  

k) to State secrecy and the service, though, by the nature of duties, has access to such data and information;
  

l) to wear during service the armament and make use of the gun only in the cases and under the conditions provided for by law;
  

m) to wear uniforms and distinctive insignia only during the service;
  

n) not to be present at the service under the influence of liquor and do not consume such drinks during the service; not absent without reasonable grounds and without to announce, in advance, the leadership of the unit;
  

just execute a) provisions of the bosses to be hierarchical and respectful dealings;
  

p) to carry out in relation to the specifics of the target or any other guarded values, tasks that have been entrusted according to the plan.
  


Article 27 the Chief guard band, in addition to the obligations laid down in article 21. 26, has the following powers: (a) to organize, to) lead and oversee the work of the security and the way of execution of the service staff of subordinates;
  

b) to inform, without delay, the unit leadership and police about the events concerning the work of the security and to keep track of them;
  

c) to propose measures to improve the management of the establishment of the security activity;
  

(d) to keep track of weapons) and ammunition belonging to security personnel, to ensure the preservation, maintenance, storage and their use, according to the law;
  

e) to execute specific vocational training programme of subordinated security personnel.
  


Article 28 shall be assimilated to security personnel, during the execution of the service, persons who fulfil a function involving the exercise of public authority.


Chapter 5 the obligations of Directors of units article 29 (1) managers of the establishments referred to in article 1. 1, in which it works, guard systems have the following obligations: a) are responsible for the organisation and functioning of security units, goods and values they hold, on any basis, these units;
  

b) examines thoroughly the strict security needs and establish the necessary relative herds with importance, size and vulnerability of the respective units, with the specifics of production and the place of their disposal. The objectives in which guard is executed with effective Rangers, analyzing and determining measures is carried out together with the master unit of gendarmes who had approved the plan.
  

c) to carry out secure security service, selecting people with moral profile properly, with physical and occupational skills required this activity;
  

d) shall ensure the training of security personnel and controls how it performs its tasks;
  

e) ensure enforcement arrangements and facilities necessary for the deployment of the security service, and the introduction, maintenance and keeping in mind the rules of technical systems, alarm and guard against burglar;
  

f) ensure security personnel with the fitting of uniforms and distinctive insignia, in accordance with the law;
  

f ^ 1) ensure the body of livestock guard gendarmes guarding service intended and necessary funds to cover the costs of operation;
f ^ 2) conclude contracts by way of provision of services in the field of security, body guards, transport, in order to achieve the means of mechanical-physical protection and installation of burglar alarm systems against, only with companies or persons authorized with bodies of public guardians;

g) provide premises and facilities necessary to preserve safety in full weaponry and ammunition intended for guard service;
  

(h) establish rules concerning admission) and movement inside the goal guarded;
  

I) establish accountabilities for the chiefs, in compartments with regards to guarding and safety of machinery and installations.
  

(2) the performance of these tasks shall be carried out with the support of specialized police.
  

— — — — — — — — — — — —-b) of paragraph 1. (1) of article 1. 29 was modified by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.
The letters f and f ^ 1) ^ 2) of para. (1) of article 1. 29 have been amended by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.


Chapter 6 powers of the organs of the Ministry of the Interior in article 30 in order to ensure security and safety objectives, assets and values, Interior Ministry units have the following powers: to guard actual) with the Rangers, goods and values that were established by decision of the Government or, as the case may be, by order of the Commander of the Romanian Gendarmerie, under the present law;
  

b) advises the security plans to the units which guard is not provided with effective Rangers, specialized support in security at these units, in training security and pursuing the execution of measures laid down by just plan for security;
  


(c) assistance in organizing grant) of the guard and the guard and ensure that, free of charge, the necessary weaponry in order to equip public institutions authorized by law for the establishment, organization and functioning to hold and to use firearms and ammunition, other than those of the defense, public order and national safety; ensured by hiring, up available weaponry to equip staff, required for the other guard units;
  

d) advises staff security classification or withdraw its opinion, in accordance with the law;
  

e) authorizes the operation of specialized security firms and issued their opinion leaders;
  

f) authorises the activity of designing, manufacturing, installation and maintenance of alarm systems against starting or components thereof, as well as the means of mechanical-physical protection and monitoring of alarms, in objective, advises managers and technical staff of companies specializing in these areas or withdraw that opinion when they are no longer fulfilled the conditions provided for by law;
  

g) controls the manner in which they comply with laws regarding the guard, goods and values, as well as those concerning the bodyguard and determine the measures to be taken and the time limits in which they must be completed by the head of the unit.
  

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Art. 30 was amended by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.


Chapter 7-burglar alarm systems against Article 31 (1) in relation to measures of protection, the objectives and values of the assets, the managers of establishments providing, and the beneficiary units are required to provide only the use of the means of protection against mecanofizice and burglar alarm which are certified.
  

(2) certification of the quality of means of protection referred to in paragraph mecanofizice. (1) and their components produced in Romania or imported shall be carried out by a testing laboratory in the country, approved and accredited under the law.
  

(3) shall be exempt from the provisions of paragraph 1. (1) units of the system of Defense, public order and national safety.
  

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Art. 31 was amended by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.


Article 32 In the execution of construction projects for the production, storage or possession of property values or to fold the modernisation works, change and transformation must be provided for the construction or the introduction of means of mechanical-physical protection and the installation of technical systems of protection and burglar alarm against.
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Art. 32 was amended by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.


Article 33 (1) natural persons or legal persons governed by private law may carry out design, production, installation and maintenance of alarm systems against starting or components thereof, as well as the means of mechanical-physical protection only with the authorization of the General Inspectorate of police.
  

(2) natural or legal persons referred to in paragraph 1. (1) shall be obliged within 10 days to notify in writing the competent police unit any changes occurred in the structure and organization of the activity for which they were authorized.
  

(3) issuance for heads of specialized societies referred to in paragraph 1. (1) and for the technical staff is carried out by County Police inspectorates or the Police General Directorate of Bucharest, the range of which the company has its head office.
  

(4) the heads of specialized firms covered by paragraph 1. (1) will be savvy and intelligence service information.
  

(5) the approval of the leaders of companies specializing in the fields referred to in paragraph 1. (1) and technical personnel is done in compliance with the conditions laid down in article 21. 19, with the exception of the condition of the age.
  

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Art. 33 was amended by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.


Article 33 ^ 1 prohibits the marketing in any way, the alarm against the burglar, mechanical-physical protection or their components, without quality certificate issued by an approved laboratory in the country, national or international standard and without specifying the class of safety according to European norms in falling.
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Art. 33 ^ 1 was introduced by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.


Article 33 ^ 2 Beneficiaries, directors and staff of the specialized companies in the field of alarm systems and means of mechanical-physical protection are required to maintain the confidentiality of information relating to the proposed systems installed or repairs.
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Art. 33 ^ 2 was introduced by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.


Article 34 the classification of burglar alarm systems against is made in relation to the importance of the goods and values to be instruments and with the category of importance of construction, by the insurance companies.


Chapter 8 the provisions of Article 35 Penalties failure to comply with this law shall entail, if applicable, civil liability, disciplinary, material, administrative or criminal liability.


Article 36 constitutes the offence to this law, the following acts are perpetrated under such conditions that, according to the criminal law, constitute offenses: failure to take measures to) Organization and operation of the security provided for in article. 3, 4, 5(2). (4), 14, 15 and 16;
  

(b) failure to take the measures referred to) art. 24 para. (1) or disregard. 25;
  

c) neintocmirea security plan, according to art. 5, or transport, in accordance with art. 23 para. (2) failure to fulfil the tasks laid down, and in these times of the measures established by the police;
  

d) employment or maintaining of security personnel, of any kind, with failure to comply with the provisions of article. 19 para. (1) and of article 23. 20;
  

e) evading security personnel guard the body times the obligations laid down in article 21. 22 ^ 2, art. 26 lit. a)-(e)), f), (j)), k)-n) and art. 27 lit. a), b), d) and (e));
  

f) fulfilment by the heads of units of the obligations under article 4. 20 paragraph 1. (9), art. 29 lit. a), b), d), (e)), f) and (g)) and art. 33 para. (2);
  

failure to comply with the requirements of article g). 22 paragraph 1. (1), (3), (4) and (5) of article 2. 22 ^. (2) of article 3. 33 ^ 1 ^ 2 and 33;
  

h) installation of alarm systems against starting technical or parts thereof, in contravention of the provisions of art. 31 para. (1) as well as non-compliance with article 11. 32 and of art. 42 para. (2), (3), (5), (6) and (7).
  

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Art. 36 was amended by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.


Article 37 Offences referred to in articles. 36 shall be imposed as follows: (a)) with fine of 5,000,000 to 10,000,000 lei lei, the offences referred to in g) and (h));
  

b) fine from 2,000,000 to 5,000,000 lei lei, the offences referred to in a), b), c), d) and (f));
  

c) fine from 1,000,000 200,000 lei lei, the offences referred to in e).
  

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Art. 37 was amended by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.


Article 37 (1) ^ 1 Committing within a period of 3 months to at least two of the offences mentioned in article 1. 36 lit. g) and (h)) suspension for a draw period from one month to three months, the company has the right to conclude new sanctioned contracts and to recruit staff.
  

(2) the measures provided for in paragraph 1. (1) ordering, on a proposal from the staff member's claim, the County Police Inspectorate or the Police General Directorate of Bucharest's RADIUS which is sanctioned and communicated to the society of the Inspectorate-General of police.
  

(3) Police Unit referred to in paragraph 1. (2) will communicate, in writing, of the suspension, the company sanctioned a may challenge in court, in accordance with the law.
  

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Art. 37 ^ 1 was introduced by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.


Article 37 ^ 2 (1) Committing any of the following acts shall entail cancellation of authorization: a) committing, heads of specialised security company or those authorized in alarm systems against starting times of their components, means of mechanical-physical protection or monitoring of alarms, offences in connection with such companies;
  

(b) unjustified refusal) to ensure the access of workers from the police and the gendarmerie specifically designated for the exercise of legal powers of control, to take preventive measures in the guarded or assisted by technical means in organizing the activity and burglary of bodyguard;
  


c) overrunning the objects of a company specialized in security and intelligence-gathering that exceed it. In a situation where it is found that the information gathered by specialized company personnel guarding or as activities of this national safety targeting, to inform immediately the competent authorities with powers in matters of national security;
  

d) unreasonably refusing to provide data, information or documents required by the competent authorities according to the law, are in the exercise of their public;
  

It's in fact) the exercise of the attributions of the organisation and functioning of specialised security company's business by people who suffered violent convictions for intentional offences;
  

f) repetition within a year of one of the acts that attract the suspension measure.
  

(2) the withdrawal of the General Inspectorate of police and shall be communicated to the trade register Office within which society operates specialized guard following the expiry referred to in paragraph 1. (5) or on the date of final judgment of whether the contested measure.
  

(3) in the case referred to in paragraph 1. (1) (a). of withdrawal is available) after staying in the final judgement of conviction of the person concerned.
  

(4) in the cases referred to in paragraph 1. (1) (a). b), c) and (d)) withdrawal shall be ordered on the basis of finding motivated, drawn up by representatives of the competent public authorities.
  

(5) after the withdrawal of the company leader specialized guard is obliged to terminate contracts with beneficiaries within 10 days of the notification in writing of such action.
  

(6) the measure is annulled the authorization of operation may be contested in court, according to the law, sanctioned by the company, and continued until a final judgement did not apply paragraph 1. (5) concerning the termination of contracts with the beneficiaries.
  

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ART. 37 ^ 2 was introduced by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.


Article 37 (1) ^ 3 so far as the withdrawal of the security personnel's opinion or body guard be taken compulsorily in the following situations: a) has committed a crime person in connection with the service;
  

b) contravention person was sanctioned at least twice in a month for violations of the provisions of article 3. 26 and 22 ^ 2 or social cohabitation rules, order and tranquility;
  

c) person has lost physical skills needed to fulfil the function of guard or bodyguard.
  

(2) so far as it seeks the opinion of withdrawal of the claim agent which has been referred to it as security personnel or bodyguard stood in one of the situations referred to in paragraph 1. (1) and is available to the authorities referred to in article 1. 20 paragraph 1. 4. (3) the person to whom withdrew its opinion could challenge the measure in court, in accordance with the law.
  

(4) at the level of General Police Inspectorate will be obvious to a functional market to all persons who have been certified for the security service, as well as those whose opinions have been withdrawn by the competent units of the Interior Ministry.
  

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Art. 37 ^ 3 was introduced by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.


Article 38 (1) Finding contraventions and penalties provided for in this law shall be made by the police, the gendarmerie, as well as by the mayor or the representatives thereof, in accordance with the competences delegated to them under the law.
  

(2) After the expiry of the legal appeal against the minutes by which that offence has been found or after any final and irrevocable judgment by which the measure applied is considered legal, providing the agent has an obligation to notify the administrative measure sanctionarii County Police Inspectorate or the General Directorate of Bucharest police, as appropriate, in whose territory it has its registered office the company specialized guard sanctioned.
  

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Art. 38 amended by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.


Article 39 Against the minutes of evaluation and the application of the penalty it can make complaint, within 15 days of the notification to the District Court in whose territory the offence was illustrious.


Article 40 Offences provided for in this law, except for those covered by article 1. 36 lit. g) and (h)), it shall apply the provisions of article 4. 25 and 26 of law No. 32/68 *) relating to the establishment and sanctioning violations, with subsequent amendments and additions.
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Art. 40 was amended by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.
— — — — — — — — — — — — — — *) Law No. 32/1968 was repealed by ORDINANCE No. 2 of 12 July 2001 published in the Official Gazette No. 410 of 25 July 2001.


Article 40 1 and ^ are punishable offences Constitute imprisonment from 6 months to 3 years of age the following facts: a) exercise without authorization of the activity of the security, property, assets or bodyguard;
  

b) exercise without authorization of the activity of designing, manufacturing, installation and maintenance of mechanical-physical protection or burglar alarm systems against;
  

c) pursuit of the activities referred to in the a and b)) during the suspension period of the authorization or undo it.
  

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Art. 40 ^ 1 was introduced by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.


Article 40 ^ 2 involvement of Heads of units with its own guard, guard you specialized bodies or specialized firms to guard its staff strength in equities in debt recovery, judicial enforcement, representation, conflicts or propose to conduct operations to restore the rule of law by the competent public authorities is punishable by imprisonment from 1 to 5 years If the Act does not constitute an offense more serious.
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Art. 40 ^ 2 was introduced by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.


Chapter 9 final provisions Article 41, Guarding property and values belonging to the national defense system components ensure in accordance with the rules set out within these institutions.


Article 42 (1) of the public Body, specialized firms warders guarding and alarm systems against starting with authorised by the General Inspectorate of police may establish licensing area to monitor and to transmit alarms from connected electronic systems.
  

(2) the establishment of area dispatchers pursuant to paragraph 1. (1) shall be made only after the approval of the project and the rules of organization and functioning of the General Inspectorate of police.
  

(3) the notice referred to in paragraph 1. (2) it is mandatory that companies only carried out monitoring of technical systems.
  

(4) payment services through monitoring alarm system sales are made on the basis of contracts concluded with the beneficiaries.
  

(5) in the case of the intervention of the reception crew mobile alarm signals to connect subscribers will be sent to qualified personnel within the public bodies or companies guardians specialized guard.
  

(6) in cases where intervention is confirmed and their own forces are overcome by the magnitude of the event by local police dispatcher announced for the purpose of catching offenders and crime scene research. In other cases, after catching the criminals, they will be drop as soon as the competent territorial police units.
  

(7) the mention in the guardian that the objective is ensured by connecting the alarm system at a dispatcher monitoring and transmission of alarms is mandatory.
  

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Art. 42 was amended by EMERGENCY ORDINANCE nr. 161 of 13 October 2000 published in MONITORUL OFICIAL nr. 557 of 9 November 2000.


Article 43 specialized Societies, as well as legal and natural persons engaged in designing, manufacturing, installation and maintenance of alarm systems against starting, set up until the advent of the present law, shall be obliged within 3 months from its publication to obtain the authorizations referred to in article 1. 21, at art. 33. Article 44 this Act shall enter into force 30 days after its publication in the Official Gazette of Romania.
On the same day the Decree nr. 477/1983 on the guard of the goods and any other provisions contrary to this law are hereby repealed.
This law was adopted by the Chamber of deputies at its meeting on 11 March 1996, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
PRESIDENT of the CHAMBER of DEPUTIES ADRIAN NASTASE this law was adopted by the Senate at its meeting on 11 March 1996, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. VALADON SENATE PRESIDENT — — — — — — — — — — — — — — — —