Law No. 98 Of 2 June 2000 Approving Government Emergency Ordinance Nr. 80/1999 Modification And Completion Of The Law #. 56/1992 On The State Border Of Romania

Original Language Title:  LEGE nr. 98 din 2 iunie 2000 privind aprobarea Ordonanţei de urgenţă a Guvernului nr. 80/1999 pentru modificarea şi completarea Legii nr. 56/1992 privind frontiera de stat a României

Read the untranslated law here: https://www.global-regulation.com/law/romania/3071802/-lege-nr.-98-din-2-iunie-2000-privind-aprobarea-ordonanei-de-urgen-a-guvernului-nr.-80-1999-pentru-modificarea-i-completarea-legii-nr.-56-1992-privind.html

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Law No. 98 of 2 June 2000 approving the Emergency Ordinance of Government No. 80/1999 modification and completion of the law #. 56/1992 on the State border of Romania'S PARLIAMENT ISSUING published in MONITORUL OFICIAL nr. 256 of 8 June 2000, the Romanian Parliament adopts this law.


Article 1 shall approve the Emergency Ordinance of Government No. 80 of 4 June 1999 for the modification and completion of the law #. 56/1992 on the State border of Romania, published in the Official Gazette of Romania, part I, no. 275 of 16 June 1999, with the following amendments and supplements: 1. In article I, section 4, article 10 shall read as follows: Art. 10.-to resolve the problems resulting from the bilateral agreements are called frontier, by decision of the representatives of the Government, representatives of border/loctiitorii and ajutorii them, and Romanian delegations in the joint intergovernmental committees from among the Romanian Border Police officers and other officials of the institutions concerned. "
2. In article I, section 5, the title of chapter III shall read as follows: "the THIRD CHAPTER powers of the Romanian Border Police" 3. In article I, section 6, article 11 shall read as follows: Art. 11. Security, surveillance, control of crossing the State, as well as surveillance, control and jurisdiction in the inner waters of the Danube, the Danube Delta contained in the border area, inland waters, territorial sea, and area economic contigua exclusive of Romania shall be exercised by the Romanian Border Police. "
4. In article I, section 7, article 12 letter b) shall read as follows: "(b)) supervises the border waters, inland waters of the Danube, the Danube Delta contained in the border area, inland waters, territorial sea, ensure the rights and jurisdiction of the Romanian State in the area and economic zone contigua exclusive;"
5. In article I, section 8, article 13 paragraph 1 shall read as follows: "For the performance of its duties by the Romanian Border Police cooperates with other units and formations of the Ministry of Internal Affairs, Ministry of national defence establishments and other institutions with competence in the field of public order and national security. In addition, cooperation with other ministries and authorities of Central and local public administration involved in ensuring compliance with the legal regime of the State border, the legal regime of inland maritime waters, territorial sea, contiguous zone and the exclusive economic zone, as well as with the Customs authorities, to carry out specific actions in the area of customs. At the same time be able to collaborate on the basis of prior agreement, with any legal or natural person. "
6. In article I, paragraph 11, first sentence and article 15 b), g) and (h)) shall read as follows: Art. 15.-For the performance of service in the border waters, inland waters of the Danube, the Danube Delta contained in the border area, inland waters, territorial sea, and area economic contigua exclusive Romanian Border police staff shall have the right: (b)) to supervise the activities taking place in the border waters, inland waters of the Danube, the Danube Delta contained border zone maritime waters, the territorial sea, the area of the exclusive economic zone contigua, and in airspace adjacent to them;
  



g) to act to stop and control any suspicious vessels, on request or on its own initiative in the event that it is holding information on the ship's involvement in illegal activities in the border waters, inland waters of the Danube, the Danube Delta contained in the border area, inland waters, territorial sea, and area economic contigua exclusive, informing other competent institutions in the field. Full responsibility concerning consequences arising from unjustified shutdown of the ship returns to the applicant;
  

h) to prevent and to combat any illegal activity carried out in the waters of the border waters of the Danube, the Danube Delta contained in the border area, inland waters, territorial sea, and area economic contigua exclusive, which would affect the interests and sovereignty of the Romanian State, informing the competent Romanian authorities without delay. "
  

7. In article I, section 13, article 17 shall read as follows: Art. 17.-in order to combat the phenomenon of specialized Police personnel infractional of Romanian Border shall be entitled, in accordance with the law, to collect, to store, to process, to use and exchange of data and information necessary for the performance of service duties with other State authorities with competences in the field of defence, public order and national security.
It also organizes and performs the exchange of data, information and cooperate with the authorities of other States border or with international organizations, on the basis of bi-or multilateral agreements concluded in this regard. In fulfilment of the tasks of security, surveillance and control of crossing the State border of the Romanian Police personnel may retain and research, according to the law, persons who have committed crimes or about which there are serious indications that they have committed such deeds in and out of the area border. "
8. In article I, section 14, article 18 shall read as follows: Art. 18. Border Police staff, located in the performance of job duties, may withhold, in accordance with the law-in frontier zone, border waters, inland waters of the Danube, the Danube Delta contained in the border area, inland waters, territorial sea and economic area zone exclusive contigua-persons who have committed criminal offences or administrative offences other than those referred to in article 1. 14 lit. d) and in article 8. 15 (a). c) and (d)), shown them without delay to the competent authorities together with the objects retained, and sample materials means work performed. "
9. In article I, section 18, article 23 shall read as follows: Art. 23.-the head of the inspection for the crossing is designated, by order, the General Inspectorate of the Romanian Border Police. It leads, coordinates and is responsible for all activity from the checkpoint, according to the law.
The Chief point of control check and take legal measures for the fulfilment of the duties of the service staff of the checkpoint.
Access to the area of responsibility for carrying out the border control system which is intended shall be established by the head of the inspection.
The staff involved in control, of the General Inspectorate of the Romanian Police and the Chief of the border control point for crossing the border may require making supracontrolului, on completion of the border control, both at the exit and entry into the country.
Romanian Border police staff is obliged to bring proceedings ex officio upon the breach of legal duties in the field of the crossing of a State by persons belonging to the institutions referred to in article 1. 21. 1. "10. In article I, paragraph 37, subparagraph (i)) of article 62 shall read as follows: "i wear the unauthorized calls), by word of mouth, over the border line, commit acts, gestures or insulting expressions to address profereze neighboring state or its citizens."
11. In article 39, point (I) Article 65 shall read as follows: Art. 65.-entry or exit from the country through illegal crossing of State power constitutes infringement and is punishable with imprisonment from 3 months to 2 years. "
12. In article I, paragraph 40, article 66 shall read as follows: Art. 66.-If the smuggling was committed in order to circumvent the enforcement of punishment, the Act is punishable by imprisonment from 6 months to 3 years. "
13. In article I, section 43, article 69 shall read as follows: Art. 69.-Are offences, whether criminal law is not regarded as offences, the following facts: a) output in the country trying through illegal crossing of the State;
  

b) pulling the weapon over the State border, damaging border signs destruction times, facilities or technical means of protection, monitoring and control of the Romanian Border Police, or expanding production of fires within the limits of the Strip for the protection of the State border;
  

c) bringing in Romania by freight shippers should be contacting air or road to foreign nationals without travel documents, visas or documents with false or hidden in the means of transport;
  

d) refusal of any form to allow border authorities visiting aircraft, Romanian or foreign ships, warehouses, barns and to other places of interest for border control;
  

It's a person's) refusal to give relations in order to establish his identity, to legitimize with identity documents or to submit to control baggage or means of transport, at the request of the Romanian Border police bodies;
  

f) infringements art. 37 para. 2 and 4 of article 5. 40 and 43;
  

g) infringements art. 47, 50, 52-54, 56-57 and of art. 62 lit. d), (f)) and i ").
  

14. In article 44, article I, section 70 shall read as follows: Art. 70.-Offences under article 4. 69 shall be imposed as follows: contravention of prison) from 15 days to 3 months, or with fine from 2,000,000 to 5,000,000 lei lei, the white and rosé wines. the a and b));
  

b) fine from 3,000,000 15,000,000 lei lei, the white and rosé wines. c);
  

c) fine from 2,000,000 to 6,000,000 lei lei, the white and rosé wines. f);
  


d) fine from 1,000,000 to 3,000,000 lei lei, the white and rosé wines. d) and (e));
  

e) with fine of 100,000 lei to 500,000 lei, the white and rosé wines. g). Provisions of this law shall be supplemented by the provisions of law No. 32/68 on the establishment and sanctioning violations, with additions and amendments. Except offences covered by paragraph 1. and (b). b) and (c)), which applies the provisions of art. 25-27. "15. In article I, section 45, paragraph 1 of article 71 shall read as follows: "the Offences referred to in articles. 69 are found and penalties shall apply according to the law, by the Romanian Border Police frames. "
16. In article 51, article I, section 78 ^ 1 shall read as follows: Art. 78 ^ 1. -In the performance of job duties of the Romanian Border Police staff is invested with the exercise of official authority and enjoy special protection under criminal law.
In the case of crimes committed against children of the husband/wife times staff referred to in paragraph 1. 1, for the purpose of intimidation or retribution for actions taken in the performance of job duties, limits the maximum sentences provided for in the penal code shall be increased by 2 years. "
17. In article I, section 53, paragraph 1 of article 80 shall read as follows: "Husband/wife and children of the Romanian Border Police personnel died during or in connection with the service shall be granted a pension equal to full on loser had it at the time of death, and, once, a monetary compensation of fifteen times the basic result in the death of the neta."


Article 2 Law No. 56/1992 on the State border of Romania, published in the Official Gazette of Romania, part I, no. 126 of 9 June 1992, as amended and supplemented by Emergency Ordinance of Government No. 80 of June 4, 1999, as published in the Official Gazette of Romania, part I, no. 275 of 16 June 1999, and by this law, will be republished in the Official Gazette of Romania, part I, posing a new texts.
This law was adopted by the Chamber of deputies at its meeting of 29 November 1999, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
PRESIDENT of the CHAMBER of DEPUTIES ION DIACONESCU this law was adopted by the Senate at its meeting on 11 May 2000, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. Senate PRESIDENT CARLOS VALADY-— — — — — — — — — — —