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Law No. 21 Of November 18 1969 Concerning The Organization And Functioning Of The Milice

Original Language Title:  LEGE nr. 21 din 18 noiembrie 1969 privind organizarea şi funcţionarea miliţiei

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LEGE no. 21 21 of 18 November 1969 on the organisation and functioning of the
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL MONITOR no. 132 132 of 18 November 1969



+ Chapter 1 General provisions + Article 1 In the achievement of the politics of the party and the state the militia has the task of contributing to the defense of the revolutionary conquests of the people, of its peaceful work of socialist construction, of the obstesc and personal wealth, of life, freedom and the dignity of persons, of the order of law steadfastened in Romania. It contributes to educating people in the spirit of respecting laws, as well as the rules of social coexistence. The militia bodies carry out their entire activity on the basis and in the execution of the law. + Article 2 In carrying out their duties, the militia collaborates with institutions, economic organizations and state enterprises, as well as cooperative organizations and other public organizations, and supports itself on the broad contest of people. labor. + Chapter 2 Tasks + Article 3 Militia has the following tasks: a) ensure the maintenance of public order and respect for the rules of social coexistence; b) defend the socialist property against actions taken by criminals or other persons who harm the public property; defend personal property, rights and freedoms of persons; take measures, according to its competence, to prevent, discovering and liquidating actions of violation of legal provisions; c) provide security in municipalities, cities and communes; guide, control and provide specialized assistance in the organization and functioning of civil security systems and state or public activities, for the provision of goods or other values; instructs the personnel of the civil security systems, in order to ensure the inner order and to strengthen the discipline; d) take measures to know the illicit activity of people about whom there are indications or data that are prepared to enjoy or have enjoyed facts provided by the criminal law; work with state and public bodies to organize and carry out of checks and checks to prevent the enjoyment of offences; e) carry out the prosecution in the cases and under the conditions provided by law; carry out investigations, technical-scientific findings and other necessary activities in order to collect and verify the evidence regarding the preparation or enjoyment crimes, identification and apprehension of criminals; ensure the operation of arrests organized within the militia; f) meets, in rural areas, tasks regarding state security; g) ensures compliance with the legal norms regarding the regime of weapons, ammunition and explosive materials, toxic products and substances and narcotics, as well as other objects and subjects that present public danger, or that can be used to the enjoyment of crimes; h) take measures for the safety of traffic on public roads, guide, supervise and control traffic; keep records of drivers of motor vehicles and vehicles, except in cases exempted by law; i) keep records of the population, issue identity documents to Romanian citizens, foreigners residing in the country and, in cases determined by law, foreigners residing in the Socialist Republic of Romania; according to the law, regarding the issuance and control of the acts of crossing the Romanian state border; j) help the executive committees of the councils popular in the civil status activity; provide the necessary registers and certificates for this activity; k) keep records of convicted persons and other records necessary for the activity of criminal prosecution; l) exercise his duties, according to the law, in the field of fulfilling the military service, preparing the youth for the defense of the homeland and the patriotic guards; m) performs any other tasks that are given to it by law. + Article 4 In the exercise of their duties, officers and militia subofficers shall have the following rights and duties: a) provide support to persons with functions involving the exercise of state authority, if they encounter resistance in the execution of their duties; b) carry out checks and raids, when there are thorough indications regarding the enjoyment of crimes or the hiding of suspected criminals or persons; c) legitimize and establish the identity of persons who violate the legal provisions or are suspicious. Officers and militia officers who take these measures are obliged, if they are not in uniform, to present in advance their service badge or badge; d) invite to the militia headquarters the persons whose appearance is necessary for the exercise of the duties of the militia according to the law; e) lead to the headquarters of the militia, in order to take appropriate legal measures, persons who through their actions jeopardize the public order or persons with regard to which there are data or thorough indications that they have enjoyed crimes; f) may immobilize or bring to the militia headquarters: -persons who take actions to endanger the bodily integrity of other persons; -persons who disturb through violent acts public order and peace; -persons who degrade or destroy property belonging to socialist organizations or individuals; -people who take actions of outrage against officers or subofficers of militia. To this end, the means of immobilisation may be used to prevent aggressive actions; g) take the measure of detention, in the cases and under the conditions provided by law; enforce the arrest warrants and those of execution of penalties; h) may enter, for the performance of legal duties, on the premises of socialist organizations or on board Romanian ships or aircraft. Searches or other acts of prosecution may be made with the consent of the management of these organizations, of the ships ' commanders and with the assistance of the port capitania bodies, of the aircraft commanders or with the authorization of the prosecutor, in the conditions provided by law. In case of flagrant crimes, consent or authorization is not necessary; i) may enter the home of natural persons in order to carry out the legal -at the request or with their written consent; -without consent or legal authorization, in case of flagrant crimes; -in other cases, only with the authorization of the prosecutor, under the conditions provided by law j) can use any means of transport and telecommunications of socialist organizations and individuals, for taking legal measures that do not suffer amination. In case of use of means of transport belonging to individuals or public organizations, the expenses occasioned will be borne later; k) use firearms, in cases and under the conditions provided by law; l) participate in the actions organized to prevent and eliminate the consequences of calamities; m) take order measures at rallies, demonstrations, sports, cultural-artistic events and in other circumstances where it is necessary to ensure public order; n) exercise any other rights and fulfill any other duties provided by law. + Article 5 Officers and militia subofficers who have duties to prevent and find crimes have the status of criminal investigation body. + Article 6 Officers and subofficers of militia have the right and obligation to find contraventions and to apply contravention sanctions, in the cases and conditions provided by law. + Article 7 Officers and militia subofficers have the territorial competence corresponding to that of the militia to which they belong. In case of detachment or orderly mission within the territorial area of another militia organ, the officers and subofficers have the territorial competence established for that organ, except those of the General Inspectorate of the militia, which have territorial competence general. + Article 8 Officers and militia subofficers are obliged to intervene even outside the hours of the program, their duties and the territorial competence to which they belong, in case of flagrant crimes, for the preservation of evidence in the case of other crimes, as well as to restore public order. + Chapter 3 Organisation and operation + Article 9 The militia has the following organizational structure: a) General Inspectorate of the militia; b) Inspectorate of the Bucharest municipality; c) inspectorates of the county militia; d) sectors of the Bucharest municipality; e) services, departments or offices of municipal and city militias; f) posts of communal militia; g) organs of the militia, provided in art. 15. + Article 10 The General Inspectorate of the militia is organized and operates within the Ministry of Internal Affairs. The General Inspectorate of the militia leads, directs and controls the activity of all the militia bodies, carries out the operative activity in cases of special importance, as well as any other activity given in its competence by law. + Article 11 At the counties works inspectorates of the county militia, and in Bucharest the Inspectorate of the militia of Bucharest, who lead, guide and control the activity of the bodies in subordination and fulfill the duties of the militia in the administrative-territorial units in which it operates. Within the Inspectorate of the militia of Bucharest municipality operates organs of the sector militia, which lead, guide and control the activity of militia constituencies. + Article 12 The organs of the municipal and city militia, as well as the militia stations, perform the duties of the militia in the administrative-territorial units in which they operate. + Article 13 The inspectorates of the county militia and the Inspectorate of the militia of Bucharest are led by heads of inspectorates. + Article 14 The inspectorates of the county militia and the city of Bucharest, as well as the bodies of the militia of the Bucharest, municipal, city and communal sectors, are subordinated to the popular council and its executive committee, as well as to the organ higher hierarchical militia. The authorities of the militia carry out the tasks assigned to them from the decisions of the popular councils and the decisions of their executive committees on the defense of socialist and personal property, the protection of the rights of persons, the public and guard on the territory of municipalities, towns and communes. The militia bodies periodically inform popular councils and their executive committees about criminal status, measures taken to prevent and discover crimes, maintain public order, ensure security, as well as meet the any tasks arising from the decisions of the popular councils and the decisions of their executive committees. The militia bodies inform the chairman of the executive committee of the popular council about the orders and instructions received from the Ministry of Internal Affairs, as well as the measures to be taken for their application. + Article 15 In railway stations, ports, aerogasses, on the major construction sites and in other places imposed by the needs of work, the organs of the militia operate with specific competence, established by the order of the Minister of Internal Affairs. + Chapter 4 Forms of support for the activity of the militia by citizens + Article 16 In municipalities, cities or communes can be organized by the bodies of the militia support groups made up of citizens who enjoy esteem and respect in the ranks of the inhabitants, who voluntarily offer to support the militia to maintain order public, as well as to prevent and discover crimes and contraventions. + Article 17 The members of the support groups have the duty to attract the attention of people who violate the norms of social coexistence, to notify the militia bodies when they become aware of the preparation of a crime or the enjoyment of a deed provided by the law criminal or contravention and to participate, when requested, to the measures to guard the places where crimes were committed and to actions to defend public order. + Chapter 5 Militia staff + Article 18 The militia staff consists of military and civilian employees who are part of the staff of the Ministry of Internal Affairs. The provisions of the statutes of the officers ' body, the body of the military foremen and the body of the officers of the armed forces of the Socialist Republic of Romania apply to all officers, military foremen and militia The specific service rights and duties of military personnel in the militia shall be established by regulation approved by the Minister of Internal Affairs. Civilian employees are subject to the provisions of the labor code and the provisions + Article 19 Officers, military maisters and petty officers come from the ranks of military school graduates. To meet the needs of specialists who cannot be trained in military schools, they can engage in militia and graduates of civil educational institutions. + Article 20 The training of military personnel of the militia is made in: a) military schools of officers; b) military schools of military foremen and non-commissioned officers; c) centers and refresher courses. + Chapter 6 Final provisions + Article 21 The militia's organs cooperate with: a) other units and organs of the Ministry of Internal Affairs; b) the units and bodies of the State Security Council, for the performance of duties on state security c) large units, units and institutions of the Ministry of Armed Forces, in the exercise of powers regarding the security of the state border, local anti-aircraft defense, military applications, traffic on public roads, as well as other duties provided for by law. + Article 22 For the prevention of crimes and contraventions and for the creation of mass opinion against those who violate the laws, the militia bodies collaborate with state bodies and organizations operating in the field of press, broadcasting, television, cinema, as well as with public organizations. + Article 23 Socialist organizations, which under the legal provisions use militia flocks to guard some objectives or values, will bear the related expenses, according to the norms established by the decision of the Council of Ministers. + Article 24 The Romanian militia cooperates with similar bodies in other states and with international police bodies, based on international agreements to which the Socialist Republic of Romania is a party. + Article 25 Provisions contrary to the provisions of this law are repealed. -----------