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Law No. 2 Of 17 January 2000 Amending And Supplementing Law No. 61/1991 To Penalise Infringements Of The Facts To Rules Of Coexistence, Social Order And Public Peace

Original Language Title:  LEGE nr. 2 din 17 ianuarie 2000 privind modificarea şi completarea Legii nr. 61/1991 pentru sancţionarea faptelor de încălcare a unor norme de convieţuire socială, a ordinii şi liniştii publice

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LEGE no. 2 2 of 17 January 2000 amending and supplementing Law no. 61/1991 for sanctioning acts of violation of certain norms of social coexistence, public order and tranquility
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 16 16 of 18 January 2000



The Romanian Parliament adopts this law + Article 1 Law no. 61/1991 for sanctioning the acts of violation of certain norms of social coexistence, public order and tranquility, republished in the Official Gazette of Romania, Part I, no. 9 of 24 January 1997, shall be amended and supplemented as follows: 1. In Article 2, paragraph 8) shall read as follows: " 8) the port, without right, in the places and circumstances in which the life or bodily integrity of the persons could be received or could disturb the public order and peace, of the knife, the dagger, the string, the boxing, the castor or other such objects manufactured or manufactured specifically for cutting, imposing or striking, as well as the use in such places or circumstances of compressed-air or compressed-gas weapons, of fun objects on the basis of pyrotechnic mixtures or electrical shock devices; " 2. in Article 2, after paragraph 8, points 8 ^ 1) are inserted -8 ^ 4) with the following contents: " 8 ^ 1) import or purchase from the country, for sale, of compressed air or compressed gas weapons that print the projectile a speed of more than 220 m/s. It is exempted from this provision the compressed air or compressed gas weapons intended to be used in training and competitions by the Romanian Shooting Federation, by sports clubs and associations with shooting departments, affiliated to this country. federation, which can acquire, own and use weapons of this category according to international sports standards; 8 ^ 2) the marketing of compressed-air or compressed-gas weapons, crossbows, archers for shooting, fishing or hunting in places other than in shops authorized to carry out operations with firearms and ammunition; 8 ^ 3) sale of compressed-air or compressed-gas weapons, crossbows, archers for shooting, fishing or hunting persons who have not reached the age of 18, persons who have committed acts of violence mentioned in the criminal record, as well as persons suffering from neuropsychiatric diseases referred to in the health certificate issued by the territorial polyclinic; 8 ^ 4) the netting of the records by authorized stores of the buyers of the weapons referred to in item 8 ^ 2) in special registers, targeted by police bodies, in which the civil status data, domicile, series and number of identity document of the buyer, number of criminal record, number of health certificate will be mentioned neuropsychiatric, with the name of the territorial polyclinic, and the characteristics of the weapon sold If the buyer is the holder of a gun permit, he is exempt from the obligation to present the criminal record and the neuropsychiatric health certificate, and if the buyer is the holder of a driving licence, he is obliged to present only criminal record. " 3. In Article 2, paragraph 17) shall read as follows: " 17) serving consumers with alcoholic beverages, in public places and outside them, in the days and at times when, according to the legal provisions, they are closed or it is forbidden to open alcoholic beverages or after the closing time established by the operating authorization; " 4. in Article 2, after paragraph 17, points 17 ^ 1 and 17 ^ 2 are inserted) with the following contents: " 17 ^ 1) serving with alcoholic beverages in public places and outside them during the conduct of public gatherings, strikes, sports events or other such public meetings, in close proximity, as well as the consumption of beverages alcoholic in such conditions by the participants; 17 ^ 2) the disposal of alcoholic beverages or their marketing in premises set up at the entrance or in the courts of hospitals and other health facilities, placement centres of minors, educational establishments or institutions, on sidewalks or their access alleys, as well as in the enclosure buffets in these places or in productive premises; ' 5. In Article 2, paragraph 21) shall read as follows: " 21) non-insurance by the responsible or patrons, by personal or specialized personnel, of public order in public places, hotels, motels, campsites, clubs, hostels, discos and other entertainment or leisure places that they lead, as well as their refusal to provide support to the bodies in law for the restoration in the respective places of public order or for taking measures against persons who have violated the law; " 6. in Article 2, after paragraph 22), paragraph 22 ^ 1 is inserted as follows: " 22 ^ 1) Disorder the linists of the residents between 22,00-8,00, by producing noises, larma or by using any apparatus, object or musical instrument at high intensity in the premises or in the premises of legal entities located in buildings with the destination of housing or in the immediate vicinity thereof; ' 7. in Article 2, point 24 is inserted after point 24) with the following contents: " 24 ^ 1) non-compliance with the suspension measure, ordered according to art. 3 3 para. 2 2 and 3. " 8. Article 3 shall read as follows: "" Art. 3. -The contraventions provided in art. 2 2 shall be sanctioned as follows: a) with a fine of 80,000 lei to 400,000 lei, those provided for in item 3 3), 4), 9), 12), 15), 16), 18), 19), 25), 28) and 29); b) with a fine from 150,000 lei to 800,000 lei or with contravention imprisonment from 15 days to 3 months, those provided in section 1 1), 10), 14), 17 ^ 2), 20), 22), 23) and 26); c) with a fine of 400,000 lei to 2,000,000 lei or with contravention imprisonment from one month to 6 months, those provided for in item 2 2), 5), 6), 7), 8), 8 ^ 1), 8 ^ 2), 8 ^ 3), 8 ^ 4), 11), 13), 17), 17 ^ 1), 21), 22 ^ 1), 24) and 27); d) with a fine of 1,500,000 lei to 3,000,000 lei or with contravention imprisonment from 3 months to 6 months 24 24 ^ 1). In case of committing the contraventions provided in art. 2 2 section 7, 17 ^ 1) and 21) is also ordered the measure of suspension of the activity of the public place for a period of between 10 and 30 days. In case of repetition of the contraventions provided in art. 2 2 section 17), 17 ^ 2), 18) and 22 ^ 1) is also ordered to measure the suspension of the activity of the public place for a period of between 10 and 30 days. In case of committing the contravention provided in art. 2 2 section 24 ^ 1) it is ordered to withdraw the authorization to operate the public place. The suspension of the activity of the public place or the withdrawal of its operating authorization shall be ordered by the body that issued the authorization, on the proposal of the finding body, to which the measure taken is communicated in writing, within 5 days of on the date of referral. In case of contraventions provided in art. 2 2 section 27), 28) and 29) the complaint can also be made by the social protection bodies. The penalty of fine can also be imposed on the legal person. " 9. In Article 7, paragraph 1 shall read as follows: "The contraventions are found by the mayor, his powers, by the police officers or sub-officers or by the officers, military maisters, petty officers or soldiers of the gendarmerie, employees on a contract basis." 10. Article 11 shall read as follows: "" Art. 11. -In the case of minutes of finding contraventions, drawn up by the bodies of the mayoralties and the gendarmerie, against which it is assessed that the sanction of the fine is non-indestulating, the minutes of finding are sent immediately to the most close to the police body so that it, if necessary, detain the perpetrator and submit it to the court. " 11. In Article 16, paragraphs 5 and 6 shall read as follows: " If the fine has not been paid by the offender until the deadline has expired and it is found that he is evading bad faith, the court will order its transformation into contravention imprisonment, taking into account the part of the fine Left unsettled. The transformation of the fine into contravention imprisonment will be counted a day of imprisonment for an amount established and updated by Government decision, without being able to exceed the special maximum of the contravention prison provided as sanction alternative to the offence committed. " + Article 2 Law no. 61/1991 , republished, with the amendments made by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Chamber of Deputies at the meeting of December 28, 1999, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, ANDREI IOAN CHILIMAN This law was adopted by the Senate at its meeting of 28 December 1999, in compliance with the provisions of art. 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA ---------