Law No. 61 Of 27 September 1991 (Republished) To Sanction Infringements Of The Facts To Rules Of Coexistence, Social Order And Public Peace

Original Language Title:  LEGE nr. 61 din 27 septembrie 1991 (*republicată*) pentru sancţionarea faptelor de încălcare a unor norme de convieţuire socială, a ordinii şi liniştii publice

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Law No. 61 of 27 September 1991 (republished) to sanction infringements of the facts to rules of coexistence, social order and public tranquility *) published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 96 of 7 February 2014-note *) Republished pursuant to art. 248 of the law nr. 187/2012 for implementing Law No. 286/2009 relating to the penal code, published in the Official Gazette of Romania, part I, no. 757 from November 12, 2012, with subsequent amendments, posing a new texts.

Law No. 61/1991 was republished in the Official Gazette of Romania, part I, no. 77 of 31 January 2011.

Article 1 in order to ensure a climate of order and tranquility necessary public conduct of normal economic activity and social-cultural construction and promoting civilized relationships in everyday life, citizens are required to have a civic behaviour, moral and responsible, in the spirit of the laws of the country and the social cohabitation rules.

Article 2 Constitute contravention of any of the following acts committed, if they are not committed in such circumstances that, according to the criminal law, be considered offences: 1) committing the public deeds, acts or gestures, obscene insults, stating of insulting or vulgar expressions, threats, acts of violence against persons or their property, such as to public order and tranquility of cloudy or to provoke the outrage of citizens or to insult their dignity and honour or public institutions;
2 the establishment of a group) of three or more persons, for the purpose of committing illegal actions, which are contrary to public order and peace and the social cohabitation rules, as well as acts of encouragement or support, in whatever form, of such groups that incite social disorder;
3) calling, repeatedly, at the mercy of the public, by a person capable of work, as well as the determination of a people to committing such acts;
4) throwing upon a person, building or on a means of transport with objects of any kind, inflamante, irritating substances-tear or with corrosive or paralyzing effect, that dirty, unless there have been injury of limb or health or damage to property;
5) Organization, îngăduirea or participating in games of chance-other than those authorized by law-such as to morals or morals;
6) attracting people, in whatever form, committed in dining, parks, streets or other public places for the purpose of exercising sexual relationships with them in order to get material benefits, as well as urging or determining for the same purpose, a person from committing such acts;
7) acceptance or toleration of the practice of acts referred to in section 6) in hotels, motels, campgrounds, restaurants, bars, clubs, discos, hostels or in annexes to them by employers or managers of establishments concerned, leaders times
8) trade weapons with compressed air or compressed gas to crossbows in Romania, springs for shooting, fishing or hunting in places other than in stores authorized to conduct transactions with firearms and ammunition;
9) sale of weapons with compressed air or compressed gas to crossbows in Romania, springs for shooting, fishing or hunting people who have not reached the age of 18, persons who have committed acts of violence referred to in the criminal records, as well as persons suffering from diseases mentioned in the certificate of the neuropsychological Health issued by territorial polyclinic;
10) neţinerea records by the authorized buyer shops the weapons referred to in point 8) in special registers, targeted by the police, they will be referred to civil status data, domicile and identity document number of the buyer, the number of criminal record, health certificate number neuropsihică, with the name of the frame, as well as the characteristics of the weapon sold.
If the buyer is in receipt of a permit, is exempt from the obligation to present a certificate of criminal record and health neuropsihică, and if the buyer is the holder of a driving licence, it shall furnish the only criminal record;
11) of public alarm, for intervening in the event of danger or of bodies maintaining public order through danger signals on a bareboat basis or, if necessary, by requesting the intervention on the spot, without good reason;
12) electric or discontinuation, without extinguishing lamps, serving at public lighting on the streets, in the parks, gyms or other places show;
13) violation of rules, with the penetration of legal access, in the premises of the Central and local public authorities, public institutions, educational institutions and premises belonging to them, regardless of their destination, the autonomous public corporations, companies governed by the law nr. 31/1990, republished, with subsequent amendments and additions, or other parties, political parties and non-governmental organizations, embassies and other representations of international organisations of times in Romania, as well as non-occupation of land belonging to embassies and representative offices or lands are situated within the perimeter of or refusal to leave them at the request of law enforcement agencies;
14) writing or drawing, without, on the walls of buildings, fences or use objects placed in public places municipality, damage by any means to them, and peel off or destroying, without the law, advertisements, notices and posters legally exposed in places specifically intended;
15) order measures or failure to observe the rules laid down for the proper conduct of sporting and cultural events;
16) damage, lifting or moving without law, signs or indicators of the orientation and the road of the times indicate the existence of a danger to the lives of people;
17) leaving the liberty times without supervision of animals posing a danger to persons or property;
18) refusal to leave a consumer's local public consumed alcoholic beverages, after closing time or upon the request of an entitled employee of premises;
19) serving consumers with alcoholic beverages in public premises and outside, in the days and hours when, according to the legal provisions, they are closed or is it prohibited dissolution of alcoholic beverages times after closing time established by the operating licence;
20) serving alcoholic beverages in public places and outside during the public meetings, strikes, demonstrations, sports or other such public meetings in the vicinity, as well as the consumption of alcoholic beverages in such conditions by the participants;
21) disposal, sale and consumption of alcoholic beverages in public places, at the entrance to the courts and in their interiors, such as hospitals and other health care units, placement of the children's centres, units and educational institutions and education, places of worship and religious institutions related cults that forbid the consumption of alcoholic beverages in the practice of the religion in question, on sidewalks or alleys of access;
22) serving alcoholic beverages in public premises, consumers are in seeming drunk, as well as to minors;
23) consumption of alcoholic beverages in public places as follows: public roads, parks, stadiums and sports facilities, cultural institutions, gyms, institutions or economic units, all means of public transport, bus stations, train stations and airports, State and private, or other places provided by law. Within these public places can consume alcoholic beverages deriving some specially designed spaces for the consumption of alcoholic beverages, by way of the places in question. Are excepted premises catering and tourism, such as restaurants, bars and nightclubs. The public places listed are prohibited the consumption of alcoholic beverages by persons who have not reached the age of 18 years;
24) effective participation in the challenge of the times scandal in public places or premises;
25) without disturbing law, silence the inhabitants by producing noises with any camera or object by shouting or some;
26) disturbed residents between the hours of 22.00 and 8.00-13.00-14.00 by any person by producing some noises, or using any device, musical instrument object at high intensity in premises or the premises of legal persons, in the homes of individuals or in any other place in the estate with housing destination times next to them;
27) to organize private parties and musical equipment to use intensity likely upset the tranquillity of the inhabitants, in tents, furnishings or other space uncovered in close perimeter buildings intended for housing or social, in urban areas;
28) expulsion from the common dwelling spouse, children and other dependants;
29) non-compliance with the measures taken by the competent bodies of the order in event of natural calamities or other dangers;
failure of measure 30) suspension, ordered under the provisions of art. 3 paragraphs 1 and 2. (3) and (4);
31) a person's refusal to give his identity in order to establish relations, to legitimize with identity card or to be present at the police headquarters, at the request of the times at the invitation of justified criminal prosecution or to maintain public order, in exercising the functions of the service;

32) urge in whatever form of instrumentalities of offences by minors;
33) failure by parents or persons who have been entrusted with educating towards growth and a minor under the age of 16 years or who take care an alienated times mentally deficient measures necessary to prevent him from acts of loitering, begging or prostitution;
34) leaving without supervision of a dangerously mentally ill, by persons who have the duty to take care of him or to keep him, as well as sanitary or failure to police organs in case of escape from under guard or surveillance;
35) failure to by managers or employers, through their own personal times, public order in public places, hotels, motels, campgrounds, hostels, clubs, discos and other places of entertainment or leisure they run, as well as their refusal to grant support for the restoration of law enforcement agencies in their respective places of public order or for the taking of measures against persons who have breached the law;
36) prevent, in any form, of the organs charged with maintaining public order to fulfill service obligations concerning the legitimation or leading a person to the police headquarters or other State organ or to take necessary measures to maintain public order restoration times.

Article 3 (1) the Offences referred to in articles. 2 shall be imposed as follows: (a)) with fine from 100 to 500 lei lei, those referred to in item 3) 4), 11, 14)), 17), 18), 22), 31), 33) and 34);

b) fine from 1,000 200 lei lei, the ones provided for in paragraph 1), 12), 16), 24), 25) and 28);

c) fine from 500 to 1,500 lei lei, those referred to in point 2) item 5)-7), 8-10)), paragraph 13), 15), 19), 20), 26), 27), point 29) and 32);

d) fine from 2.000 to 3,000 lei lei, the Act referred to in point 30);

e) with fine from 100 to 500 lei lei, the facts set out in paragraphs 21 to 23));

f) fine from 3,000 to 6,000 lei lei, the facts referred to in paragraphs 35 and 36).)

(2) where the facts indicated at point 1), 2), (4)) and 24) of art. 2 are perpetrated within the curtilage of an educational institution of health special care times intended for certain categories of disadvantaged persons, the applicable penalties are fines ranging from 1,000 to 3,000 lei lei.

(3) in the case of offences referred to in articles. 2, item 7) and 20) ordering the suspension of activity and extent of public premises for a period of between 10 and 30 days.

(4) In case of repetition of offences referred to in articles. 2, item 19), 21), 22) and 26) is also provides the measure of suspension of activity of public premises for a period of between 10 and 30 days.

(5) if the contravention was committed. 2 point 30) ordering the withdrawal of authorisation for the operation of the premises.

(6) suspension of the work of the public relations at times withdrawing the authorization for the operation of its ordering by the body which issued the authorization shall, upon the proposal of the body is discovered, which shall be communicated in writing to the measure taken, within 5 days from the date of referral.

(7) in the case of offences referred to in articles. 2 point 32), 33) and 34), the appeal may be made by the social protection bodies.

(8) the penalty of fine may be applied and the legal person.

Article 4 (1) shall be subject to forfeiture of things which have been used in committing the offences mentioned in article 1. 2, item 4) and 5) if they are of the offender's account, as well as the things acquired by committing the offences, if they are not returned to the injured person.

(2) if the contravention referred to in art. 2 pt 28) complaint of the injured party is required. Withdrawal of complaint times reconciliation of the parties remove the liability of the perpetrator. Certification bodies are empowered to restore the previous situation.

Article 5 (1) shall, after it has been established by the Mayor, its Trustees, officers, or agents or by police officers and enlisted military instructors from the gendarmerie, as well as, for findings in specific area of competence, by border guards.

(2) in the case of offences for which the law stipulates a penalty of fine, providing the agent with the discovery, applies the sanction.

Article 6 Against the minutes in respect of contraventions which applied the penalty of fine may make the complaint within 15 days of its notification.

Article 7 (1) a complaint against the minutes in respect of the contravention of a court deciding.

(2) *) judgment by which the court resolves the complaint is final and irrevocable.
— — — — — * Note) the Constitutional Court, by decision No. 174/2013, published in the Official Gazette of Romania, part I, no. 315 of 31 May 2013, has determined that the provisions of article. 8 para. (2) of law No. 61/1991, became, following renumerotării, art. 7 para. (2) are unconstitutional.

Article 8 (1) where the offences covered by this law are committed by a soldier, the clean report of findings shall be sent to the Commander of the unit in which the infringer, to apply, if the report is based, according to the regulation on military discipline penalties.

(2) where the offender is incorporated for performing military service before pronouncing judgement times prior to the start of execution of criminal sanction, detention record or, where appropriate, the decision shall be sent to, also the Commander of the unit in which the infringer, to apply a penalty according to the regulation on military discipline.

Article 9 the provisions of this law are complete with the provisions of Ordinance No. 2/2001 on the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended and supplemented, with the exception of the provisions concerning payment of one-half of the minimum fine.

Article 10 entry into force of this law shall be repealed Decree nr. 153 of 24 March 1970 for establishing and sanctioning of certain offences relating to the rules of coexistence, social order and public tranquillity, art. 6 of Decree No. 76 of 15 July 1975, as well as any other provisions to the contrary.

Related Laws