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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

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LEGE no. 98 98 of 2 June 2000 on approval Government Emergency Ordinance no. 80/1999 to amend and supplement Law no. 56/1992 on the state border of Romania
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 256 256 of 8 June 2000



The Romanian Parliament adopts this law + Article 1 Approval Government Emergency Ordinance no. 80 80 of 4 June 1999 to amend and supplement Law no. 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 additions: 1. In Article I, point 4, Article 10 shall read as follows: "" Art. 10. -In order to solve the problems resulting from bilateral border agreements are called, by Government decision, border representatives/empowers, their deputies and their helpers, as well as the Romanian delegates in the joint committees intergovernmental among the officers of the Romanian Border Police and officials of other interested institutions. " 2. In Article I, point 5, the title of Chapter III shall read as follows: "" CHAPTER III Tasks of the Romanian Border Police " 3. In Article I, point 6, Article 11 shall read as follows: "" Art. 11. -Guard, surveillance, control of the state border crossing, as well as surveillance, control and jurisdiction in the inland waters of the Danube, Danube Delta contained in the border area, inland sea waters, territorial sea, contiguous area and in the exclusive economic zone of Romania shall be exercised by the Romanian Border Police. " 4. In Article I (7), Article 12 (b) shall read as follows: " b) survey the border waters, inland waters of the Danube, Danube Delta contained in the border area, inland sea waters, territorial sea, ensure the rights and jurisdiction of the Romanian state in the contiguous area and in the economic zone exclusive; ' 5. In Article I (8), Article 13 (1) shall read as follows: " For the performance of its duties, the Romanian Border Police cooperate with the other units and formations of the Ministry of Interior, with the units of the Ministry of National Defence and other institutions with competence in the field of order public and national security. It also carries out the cooperation with the other ministries and authorities of the central and local public administration with powers in the field of ensuring compliance with the legal regime of the state border, the legal regime of maritime waters inland, territorial sea, contiguous zone and exclusive economic zone, as well as customs authorities, for specific actions in the special customs area. It may also collaborate, on the basis of prior agreement, with any legal or natural person. " 6. In Article I, point 11, the introductory part and letters b), g) and h) shall read as follows: "" Art. 15. -For the performance of duties in border waters, inland waters of the Danube, Danube Delta contained in the border area, inland sea waters, territorial sea, contiguous area and in the exclusive economic zone The Romanian Border Police has the right: ..................................................................... b) to supervise the activities carried out in the border waters, the inland waters of the Danube, the Danube Delta contained in the border area, the inland sea waters, the territorial sea, the contiguous area, the exclusive economic zone and in the airspace adjacent to them; ..................................................................... g) act to stop and control any suspicious vessel, upon request or on its own initiative, if information is held on the involvement of the vessel in illegal activities carried out in the border waters, the inland waters of Danube, Danube Delta contained in the border area, inland sea waters, territorial sea, contiguous area and in the exclusive economic zone of Romania, immediately informing the other institutions with competence in the field. The full liability of the consequences arising from the unjustified shutdown of the ship shall be the h) to prevent and combat any illegal activity carried out in the border waters, inland waters of the Danube, Danube Delta contained in the border area, inland sea waters, territorial sea, contiguous area and in the exclusive economic zone, which would affect the interests and sovereignty of the Romanian state, immediately informing the competent Romanian authorities. " 7. In Article I, point 13, Article 17 shall read as follows: "" Art. 17. -In order to combat the criminal phenomenon the specialized staff of the Romanian Border Police has the right, under the law, to collect, store, process, use and exchange data and information necessary for the performance of duties with other state authorities with powers in the field of defence, public order and national security. It also organizes and conducts the exchange of data, information and collaborates with the border authorities of other states or with international organizations, based on bi-or multilateral agreements concluded in this regard. In order to carry out the security, surveillance and control missions of the state border crossing the personnel of the Romanian Border Police can retain and investigate, under the law, the persons who committed crimes or about which there are indications thorough that they have committed such acts outside the border area. " 8. In Article I, point 14, Article 18 shall read as follows: "" Art. 18. -The personnel of the Romanian Border Police, in the exercise of their duties, may retain, under the law-in the border area, the border waters, the inland waters of the Danube, the Danube Delta contained in the border area, the waters inland sea, territorial sea, contiguous area and exclusive economic zone-persons who have committed other criminal or contravention acts than those provided in art. 14 lit. d) and art. 15 lit. c) and d), immediately handing over to the competent bodies, together with the retained objects, the material means of proof and the works carried out. " 9. In Article I, point 18, Article 23 shall read as follows: "" Art. 23. -The head of the border crossing control point is designated, by order, by the General Inspectorate of the Romanian Border Police. It leads, coordinates and responds to the entire activity at the checkpoint, according to the law. The head of the checkpoint checks and takes the legal measures for the correct performance of duty by the staff at the checkpoint. Access to the area of responsibility for border control shall be determined by the Head of the Control Point. The personnel with control powers of the General Inspectorate of the Romanian Border Police and the head of the border crossing control point can order the overcontrol, after the end of the border control, both at exit and entry into the country. The personnel of the Romanian Border Police are obliged to notify ex officio the violation of legal duties in the field of control at the crossing of the state border by persons belonging to the institutions provided in art. 21 21 para. 1 1. " 10. In Article I, paragraph 37, letter i) of Article 62 shall read as follows: "i) to carry unauthorized calls, by word of mouth, over the border line, to commit acts, gestures or to proferent offensive expressions against the neighboring state or its citizens." 11. In Article I, paragraph 39, Article 65 shall read as follows: "" Art. 65. -Entry or exit from the country through the fraudulent crossing of the state border constitutes a crime and is punishable by imprisonment from 3 months to 2 years. " 12. In Article I, paragraph 40, Article 66 shall read as follows: "" Art. 66. -If the fraudulent crossing of the state border was committed in order to evade the execution of a sentence, the act is punishable by imprisonment from 6 months to 3 years. " 13. In Article I, paragraph 43, Article 69 shall read as follows: "" Art. 69. -They are contraventions, if, according to the criminal law, they are not considered crimes, the following facts a) the attempt to exit the country through the fraudulent crossing of the state border; b) firing of a weapon over the state border, damage or destruction of border signs, installations or technical means of security, surveillance and control of the Romanian Border Police, production or extension of fires within the limit The state border protection strip; c) bringing to Romania the air, naval or road transporters of foreign citizens without travel documents, with false documents or visas or hidden in the means of transport; d) refusal in any form to allow border authorities to visit aircraft, Romanian or foreign vessels, storerooms, barns and other places of interest for border control; e) refusal of a person to give relations for the establishment of his identity, to legitimize himself with identity documents or to present at the control the luggage or means of transport, at the request of the Romanian Border Police bodies; f) violation of art. 37 37 para. 2 2 and 4, of art. 40 40 and 43; g) violation of art. 47 47, 50, 52-54, 56-61 and art. 62 lit. d), f) and i). " 14. In Article I, paragraph 44, Article 70 shall read as follows: "" Art. 70. -The contraventions provided in art. 69 69 shall be sanctioned as follows: a) with contravention imprisonment from 15 days to 3 months or with a fine from 2,000,000 lei to 5,000,000 lei, those from lit. a) and b); b) with a fine from 3,000,000 lei to 15,000,000 lei, those from lit. c); c) with a fine from 2,000,000 lei to 6,000,000 lei, those from lit. f); d) with a fine of 1,000,000 lei to 3,000,000 lei, those from lit. d) and e); e) with a fine of 100,000 lei to 500,000 lei, those from lit. g). The provisions of this Law shall be supplemented by the provisions of 32/1968 on the establishment and sanctioning of contraventions, with subsequent additions and amendments. The contraventions provided in par. 1 lit. b) and c), to which the provisions of art. 25-27 25-27. " 15. In Article I, paragraph 45, paragraph 1 of Article 71 shall read as follows: " The contraventions provided in art. 69 the sanctions are also found to be applied, according to the law, by the Romanian Border Police. " 16. In Article I, paragraph 51, Article 78 ^ 1 shall read as follows: "" Art. 78 78 ^ 1. -In the exercise of their duties, the personnel of the Romanian Border Police are invested with the exercise of public authority and enjoy special protection according to the provisions of the In the case of crimes committed against the spouse or children of the staff provided in par. 1, for the purpose of intimidation or revenge for the measures taken in the exercise of their duties, the maximum limits of the penalties provided for by the Criminal Code shall be increased by 2 years. " 17. In Article I, paragraph 53, paragraph 1 of Article 80 shall read as follows: " The spouse and children of the staff of the Romanian Border Police died during or in connection with the service are granted a pension equal to the full solda that he had at the time of death, as well as, only once, a monetary compensation of fifteen times the net base result at the time of death. ' + Article 2 Law no. 56/1992 on the state border of Romania, published in the Official Gazette of Romania, Part I, no. 126 126 of 9 June 1992, amended and supplemented by Government Emergency Ordinance no. 80 80 of 4 June 1999 , published in the Official Gazette of Romania, Part I, no. 275 of June 16, 1999, and 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 November 29, 1999, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. ROOM PRESIDENT DEPUTIES ION DIACONESCU This law was adopted by the Senate at the meeting of 11 May 2000, in compliance with the provisions of art. 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT, CONSTANTIN DAN VASILIU ------------