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Law No. 218 Of 23 April 2002 On The Organisation And Functioning Of The Romanian Police

Original Language Title:  LEGE nr. 218 din 23 aprilie 2002 privind organizarea şi funcţionarea Poliţiei Române

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LEGE no. 218 218 of 23 April 2002 (* updated *) (** republished) on the organization and functioning of the Romanian Police ((updated on 22 May 2015 *)
ISSUER PARLIAMENT




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* *) Republicated pursuant to art. 107 107 para. ((3) of Law no. 255/2013 for the implementation of Law no. 135/2010 on the Code of Criminal Procedure and for the modification and completion of some normative acts that include criminal procedural provisions, published in the Official Gazette of Romania, Part I, no. 515 515 of 14 August 2013, as amended, giving the texts a new numbering.
Law no. 218/2002 was published in the Official Gazette of Romania, Part I, no. 305 of 9 May 2002, and subsequently amended and supplemented by:
- Law no. 281/2003 on the modification and completion of the Code of Criminal Procedure and special laws, published in the Official Gazette of Romania, Part I, no. 468 of 1 July 2003, as amended;
- Law no. 60/2009 for completion art. 31 31 of Law no. 218/2002 on the organization and functioning of the Romanian Police, published in the Official Gazette of Romania, Part I, no 227 227 of 7 April 2009.
---------- + Chapter I General provisions + Article 1 The Romanian Police is part of the Ministry of Internal Affairs and is the specialized institution of the state, which exercises powers regarding the protection of fundamental rights and freedoms of the person, private and public property, prevention and discovery of crimes, respect for public order and tranquility, under the law. + Article 2 The activity of the Romanian Police is specialized public service and is carried out in the interest of the person, the community, as well as in the support of state institutions, exclusively on the basis + Article 3 The Romanian Police cooperate with the state institutions and collaborate with non-governmental associations and organizations, as well as with individuals and legal entities, within the limits of the law. + Article 4 (1) The Romanian Police shall organize accordingly the administrative-territorial division of the country. (2) The Romanian police can also organize according to the specificity of some sectors of the national economy-railway, air, naval transport-or economic and social objectives, depending on their importance and number. (3) The police units shall be established by order of the Minister of Internal Affairs. + Chapter II Organisation and operation + Section 1 Organisational structure + Article 5 The Romanian police have the following organizational structure: a) General Inspectorate of the Romanian Police; b) territorial units subordinated to the General Inspectorate of the Romanian Police, the General Police Department of Bucharest and the county police inspectorates; c) educational institutions for the continuous training and training of personnel; d) other units necessary for the performance of specific police duties, established according to the law + Article 6 Within the Romanian Police operates the National Police Corps, the legal person of public law, whose powers are established by the law on the status of the policeman * *). Note
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** **) See Law no. 360/2002 on the Statute of the policeman, published in the Official Gazette of Romania, Part I, no. 440 of 24 June 2002, with subsequent amendments and completions.
---------- + Article 7 The General Inspectorate of the Romanian Police is the central unit of the police, with legal personality and general territorial competence, which leads, directs and controls the activity of subordinate police units, carries out activities of investigation and investigation of particularly serious crimes, circumscribed organized crime, economic-financial or banking crime, other crimes subject to criminal cases under the supervision of the Prosecutor's Office of the High Court of Cassation and Justice, as well as any other duties given in its jurisdiction by law . + Article 8 (1) The General Inspectorate of the Romanian Police is headed by an inspector general, with the rank of state secretary, appointed by decision of the Prime Minister, on the proposal of the Minister of Internal Affairs, after consulting the National Police Corps. ---------- Alin. ((1) of art. 8 8 has been amended by art. unique from LAW no. 40 40 of 11 March 2015 published in MONITORUL OFFICIAL no. 171 171 of 12 March 2015. (2) The inspector general is assisted by the deputy appointed by the Minister of Internal Affairs, on his proposal, in consultation with the National Police Corps. + Article 9 (1) Within the General Inspectorate of the Romanian Police operates the Superior Council, hereinafter referred to as the Council, made up of the inspector general of the General Inspectorate of the Romanian Police, the deputies of the Inspector General General of the Romanian Police, heads of the general directorates and directorates of the General Inspectorate of the Romanian Police, 5 heads of the territorial units of the police, designated by rotation every year, the president of the National Police Corps and the rector of the Police Academy "Alexandru Ioan Cuza". (2) The Council shall meet once a quarter or whenever necessary, under the direction of the Inspector General of the General Inspectorate of the Romanian Police. The Council considers and decides the activities of the Romanian Police according to the strategy of the Decisions shall be adopted by the vote of at least two thirds of the number of its members. The decisions of the Council shall be carried out by the general inspector of the General Inspectorate of the Romanian Police. (3) The nominal appointment of the members of the Council and its functioning shall be established by the general inspector of the General Inspectorate of the Romanian Police. + Article 10 In application of the law the inspector general of the General Inspectorate of the Romanian Police issues mandatory provisions for subordinate personnel, when developing which consult the National Police Corps and the Council. + Article 11 The General Inspectorate of the Romanian Police has in its organizational structure the general directions, directions, services and offices, established by order of the Minister of Internal Affairs, within the limits of the available funds. + Section 2 Territorial units subordinated to the General Inspectorate of the Romanian Police + Article 12 (1) In the city of Bucharest it is organized and operates as a unit with legal personality The general police department of the city of Bucharest, led by a general manager, helped by the deputies. (2) In counties they organize and operate, as units with legal personality, inspected by the police, led by a chief inspector, helped by deputies. (3) The Director General of the General Police Directorate of Bucharest Municipality and the Chief Inspector of the County Police Inspectorates are appointed and relieved from office by order of the Minister of Internal Affairs, at the proposal of the Inspector general of the General Inspectorate of the Romanian Police, after consulting the National Police Corps and with the advisory opinion of the prefect. + Article 13 (1) Within the General Police Department of Bucharest, the police units of the sectors shall be organized and operated, corresponding to its administrative-territorial organization. (2) Police stations are organized and operated in each sector. Their number is established by order of the Minister of Internal Affairs, depending on the extent of the territory, the number of population, the number and importance of economic, social and political objectives. + Article 14 (1) Municipal and city police operate in municipalities and cities, and in communes, police stations. (2) Police stations can be established in the municipalities, and police offices can be established in communes with villages and scattered hamlets, according to the criteria provided in art. 13 13 para. ((2). + Article 15 (1) Other units for preventing and combating crime can be established in the organizational structure of the Romanian Police. (2) The number, competence and organizational structure of these units shall be established by order of the Minister of Internal Affairs, at the proposal of the Inspector General of the General Inspectorate of the Romanian Police, after consulting the National Corps of the Cops. (3) Heads of units organized under par. (1) and (2) are appointed and released from office by order of the Minister of Home Affairs. + Article 16 (1) The attributions and organizational structure of the General Inspectorate of the Romanian Police, the General Police Department of Bucharest and the county police inspectorates shall be established by means of organization and functioning regulations. (2) The regulation of organization and functioning of the General Inspectorate of the Romanian Police is approved by the Minister of Internal Affairs, and those of the territorial units, by the Inspector General of the General Inspectorate of the Romanian Police + Section 3 Territorial public order authority + Article 17 (1) At the level of Bucharest and each county, the territorial authority of public order, an advisory body, whose activity is carried out in the interest of the community, shall be organized and operated. (2) The territorial authority of public order is constituted by the head of the General Police Department of Bucharest or the county police inspectorate, a representative of the National Police Corps, sub-prefect, 6 councillors appointed by the General Council of Bucharest, respectively by the county council, 3 representatives of the community appointed by the general mayor of Bucharest, respectively by the president of the county council, head of the General Directorate of gendarmes of the city of Bucharest or of the county inspectorate, The Inspectorate for Emergency Situations of Bucharest Municipality or the head of the county emergency inspectorate and, as the case may be, the head of the local police in the county seat municipality. ---------- Alin. ((2) of art. 17 17 has been amended by section 1 1 of art. unique from LAW no. 107 107 of 14 May 2015 , published in MONITORUL OFFICIAL no. 343 343 of 19 May 2015. (2 ^ 1) The participation of the head of the General Gendarme Directorate of Bucharest or the county gendarmes inspectorate and the head of the Inspectorate for Emergency Situations of Bucharest Municipality or the head of the inspectorate for situations of the county emergency in the territorial public order authority shall be carried out in relation to the activities carried out by these institutions as support forces participating in the planning and execution of order maintenance activities and public safety under the leadership of the Romanian ---------- Alin. (2 ^ 1) of art. 17 17 has been introduced by section 2 2 of art. unique from LAW no. 107 107 of 14 May 2015 , published in MONITORUL OFFICIAL no. 343 343 of 19 May 2015. (2 ^ 2) The aspects relating to the activities carried out by the structures of the Ministry of Internal Affairs and those of the local police in the plan of maintaining public order and security shall be presented integrated through the General Police Bucharest municipality or county police inspectorate. ---------- Alin. (2 ^ 2) of art. 17 17 has been introduced by section 2 2 of art. unique from LAW no. 107 107 of 14 May 2015 , published in MONITORUL OFFICIAL no. 343 343 of 19 May 2015. (3) The nominal designation of the territorial public order authority shall be validated by the General Council of the Municipality of Bucharest or by the county council for a period of 4 years. (4) The territorial authority of public order is headed by a president elected with the majority vote among the councillors of the General Council of the Municipality of Bucharest or of the county councils for a period of 4 years. + Article 18 The territorial public order authority shall have the following tasks: a) contribute to the development of the activity plan and to the setting of minimum performance targets and indicators, aimed at protecting the interests of the community and ensuring the public safety climate; b) notifies and proposes measures to remove deficiencies from the police activity; c) make proposals for the resolution by the police bodies of the complaints addressed to him, regarding the violation of human rights and fundamental freedoms, according to the present law; d) organize consultations with members of local communities and non-governmental organizations on the priorities of the person's safety and public order; e) presents quarterly briefings in the meetings of the General Council of Bucharest Municipality or of the county council, as the case may be, on the level of security and civic safety of the community; f) annually develops a report on the effectiveness of the activity of the police units, which is released. + Article 19 (. The territorial authority of public order shall meet in ordinary or extraordinary meetings, quarterly or whenever necessary. (2) At the meetings of the territorial public order authority have the right to participate, with the status of guest, the prefect of Bucharest, respectively of the county, the general mayor of Bucharest, respectively the president of the county council, the heads of decentralised public services of ministries and other central public administration authorities. The meetings of the territorial public order authority may also be public. (3) In the exercise of its powers the territorial authority of public order shall issue a recommendation. (4) The territorial public order authority has no powers in the operative matters of the police. + Article 20 The expenses necessary for carrying out the activity of the territorial public order authority shall be borne from the budget of Bucharest, respectively the county. + Article 21 The regulation of organization and functioning of the territorial public order authority is approved by Government decision, at the proposal of the Ministry of Internal Affairs and the Ministry of Regional Development and Public Administration, within 60 days from the date of entry into force of this Law. + Section 4 Relations between the police and local public administration authorities + Article 22 (1) In territorial terms the police units cooperate with the prefects, local public administration authorities, judicial authorities, decentralized public services of ministries and other central bodies, as well as with representatives Community. (2) In order to establish new units, sections, offices or police stations, the General Council of Bucharest, the county councils and the local councils of the municipalities, cities or communes, as the case may be, will be consulted the premises necessary for their operation. + Article 23 (1) The head of the General Police Department of Bucharest, heads of county police inspectorates, municipal and city police and communal police stations present annual briefings before the territorial law authority. public, the General Council of the Municipality of Bucharest, the county councils, municipal, city or communal councils, as the case may be, regarding the measures taken in carrying out the specific tasks (2) Heads of units referred to in par. (1) informs, quarterly or whenever necessary, prefects, the general mayor of Bucharest, the presidents of the county councils, the mayors of the sectors of Bucharest, of the municipalities, cities and communes, as the case may be, about the evolution of antisocial phenomena and the way in which local tasks have been carried out. + Article 24 The territorial units of police shall cooperate with the local councils and, as the case may be, with the mayors for the fulfilment of their written decisions or provisions, issued within the limits of their competence in the field + Article 25 (1) In justified cases of special events, between the local public administration authorities and the police units, by mutual agreement, protocols can be concluded in order to effectively carry out the tasks of the police. (2) If the police do not fulfil their responsibilities under the concluded protocol, the public administration may address the higher police body. + Chapter III Romanian Police + Article 26 (1) The Romanian police have the following main tasks: 1. defend life, bodily integrity and freedom of persons, private and public property, other rights and legitimate interests of citizens and of the community; 2. applies measures to maintain public order and tranquility, citizen's safety, prevent and combat the criminal phenomenon and to identify and counter the actions of the elements that attack life, freedom, health and the integrity of persons, private and public property as well as other legitimate interests of the community; 3. supports the gendarmerie units with information to ensure or restore public order and tranquility, on the occasion of rallies, cultural-sports demonstrations and the like; 4. ensure, directly or in cooperation with other institutions empowered according to the law, the execution of technical controls and pyrotechnic interventions to prevent, discover and neutralize explosive devices located in order to disturb the order public, damage to bodily integrity, health of persons or to the cause of damage to public or private property; 5. endorses and controls, under the law, the establishment of private companies of detectives, security, supervision and bodyguard; 6. collects information in order to know, prevent and combat crimes, as well as other illicit acts; 7. carry out activities to prevent and combat corruption, economic and financial crime, cross-border crime, crime in the field of computer science and organized crime; 8. carries out, according to competence, activities for the finding of criminal acts and carries out investigations in relation to them; 9. provides security and operation, under the law, of places of detention and preventive arrest organized within the police units; 10. finds contraventions and applies contravention sanctions, according to the law; 11. ensures the protection of the witness, informant and victim, under the law; 12. ensure, according to the law, the protection of magistrates and their families, in cases where life, bodily integrity or their wealth are subject to threats; 13. carries out activities to detect persons who evade prosecution, execution of penalties or other judicial decisions, as well as missing persons; 14. carry out activities to prevent and combat illegal migration; 15. uses technical-scientific methods and means in researching the scene and examining evidence and material means of evidence, carrying out forensic findings and surveys, through accredited own specialists and experts, as well as forensic reports of finding, reports of interpretation of traces or evaluation of criminal behavior or criminal personality; 16. conducts scientific studies and researches for the improvement of forensic technical-scientific methods and means; 17. exercises control, according to the law, on the possession, port and use of weapons and ammunition, explosive materials, on the way in which operations with weapons, ammunition and explosive materials are carried out, as well as on operation workshops to repair weapons and shooting polygons; 18. exercises control over the observance of the regime of radioactive and nuclear materials, toxic and narcotic substances, as well as on other objects and subjects subject to authorization, according to the law; 19. supervises and controls traffic on public roads, except in cases exempted by law, and collaborates with other public authorities, institutions, associations and non-governmental organizations, to improve the organization and systematization traffic, ensuring the technical condition of motor vehicles, improving the training of drivers and taking measures of road education of road users; 20. carries out specific police activities in the field of railway, naval and air transport; 21. exercises control over the legality of establishing the domicile or residence of Romanian and foreign citizens on the territory of the country, under the law; 22. keeps the nominal record of Romanian citizens with military obligations in rural areas; 23. organizes, under the law, the criminal record for keeping the record of convicted persons or against whom other criminal measures have been taken and constitutes the necessary database for the performance of specific operative duties police; 24. performs studies and research on the dynamics of crime in Romania and proposes measures to prevent it; 25. provides support, according to the law, to central and local public administration authorities in order to carry out their activity 26. participates, under the law, together with other units of the Ministry of Internal Affairs, in collaboration with troops of the Ministry of National Defence, civil protection units and other bodies provided by law, to rescue activities and evacuation of persons and goods endangered by fires, explosions, damage, accidents, epidemics, natural disasters and catastrophes, as well as limitation and removal of the consequences caused by such events; 27. collaborates with educational institutions and non-governmental organizations for anti-criminal training of the population; 28. work with profile structures in other states and at the level of international institutions to prevent and combat cross-border crime; 29. participate in the establishment of international police forces, intended for training, assistance and police cooperation missions or for humanitarian actions; 30. performs any other duties established by law. (2) For the performance of their duties, the Romanian Police shall organize its own database, according to the law. + Article 27 (1) The Minister of Internal Affairs, with the opinion of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, designates police officers who have the status of judicial police investigations. (2) The prosecution shall be compulsorily carried out by the prosecutor in the case of crimes committed by the police officers who have the quality of research bodies of the judicial police. + Article 28 (1) In performing the specific activities the policeman has the territorial competence corresponding to the police unit of which he belongs. (2) In case of continuation of a specific measure or activity the policeman may also act within the territorial area of other police units, communicating about this competent unit. (3) In case of detachment or orderly mission within the territorial area of another police unit, the policeman has the territorial competence established for that unit. The policeman assigned to the General Inspectorate of the Romanian Police has general territorial competence. (4) The policeman is obliged to intervene also outside the hours of the program, his duties and the territorial competence of the unit to which he belongs, when he becomes aware of the existence of a flagrant crime, as well as for the preservation of evidence in the case of other offences whose research will be carried out by the competent bodies. + Chapter IV Romanian Police personnel + Article 29 (1) The staff of the Romanian Police shall be composed of police officers, other civil servants and contract staff. (2) The rights and specific duties of the policeman shall be established by statutory. *) Note
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* *) See Law no. 360/2002 on the Statute of the policeman, published in the Official Gazette of Romania, Part I, no. 440 of 24 June 2002, with subsequent amendments and completions.
---------- + Article 30 The contractual staff shall be subject to the regulations of the labour law, in so far as this law is not otherwise ordered. + Chapter V Rights and obligations + Article 31 (1) In carrying out his duties, according to the law, the policeman is invested with the exercise of public authority and has the following main rights and obligations: a) to legitimize and establish the identity of persons who violate the legal provisions or are indications that they prepare or have committed an illegal act; b) to lead to the police headquarters those who, by their actions, endanger the life of persons, public order or other social values, as well as persons suspected of committing illegal acts, whose identity could not be established in the conditions of the law; in cases of non-compliance with the provisions given by the policeman, he is entitled to use force; the verification of the situation of these categories of persons and the taking of legal measures, as the case may be, is carried out administrative measure; c) to invite to the police headquarters the persons whose presence is necessary to carry out the duties of the police, by bringing to the attention, in writing, the purpose and reason of the invitation; d) to enforce the warrants for bringing, the arrest warrants and those for the execution of penalties, under the conditions provided by law; e) in the event of a crime, the pursuit of criminals or a terrorist action, to enter the premises of dwellings, economic units, public or private institutions, social-political organizations, regardless of owner or owner, as well as on board any Romanian means of transport, in compliance with the legal provisions; f) to carry out, in compliance with the legal provisions, controls of persons and baggage, as well as of vehicles in circulation, when there are thorough indications of the commission of crimes or possible terrorist actions; g) to carry out checks and raids when there are thorough indications of the commission of crimes or the hiding of criminals, goods from crimes or possible terrorist actions; h) to carry the necessary armaments and ammunition, whether in uniform or civilian equipped, and to use, for the performance of missions, motor vehicles, with or without the distinctive insignia of the police; i) to use any means of transport and communication, regardless of owner or holder, natural person or legal person, except those belonging to the diplomatic corps, for taking legal measures that do not suffer postponement and cannot the expenses will be paid later, at the request of the owners, and will be borne by the funds of the police units or, as the case may be, by the persons who determined the intervention, no later than 15 days; j) to use free public transport during the service for the execution of some missions, and the personnel of the police for transport, on railway and naval ones; the use of means of transport is based on the service; k) to seek the support of citizens for the pursuit, apprehension, immobilization and leadership at the police units of persons who have committed criminal acts; l) to proceed, under the law, at the request of interested persons or for the purpose of forensic identification of persons who have committed crimes or are suspected of committing crimes, to the taking or, as the case may be, to the processing of genetic profiles, papillary prints, facial images, signage, particular signs and any other biometric data, stored in the forensic database. (2) In the exercise of the rights conferred by this law the policeman has the obligation to respect exactly the fundamental rights and freedoms of man, provided by law and the European Convention on Human Rights. + Article 32 ((1) In order to obtain data and information on the activity of persons or groups of persons suspected of preparing or committing serious crimes or with special operating modes, as well as for identifying, searching, locating and/or catching persons prosecuted according to the law, the Romanian Police can use informants. (2) The information sources, methods and means of the activity of collecting the information are confidential and cannot be disclosed by anyone under any circumstances. Exception are cases where duties of office, the needs of justice or the law require their disclosure. In these situations disclosure will be made, as the case may be, with the necessary protection. (3) By the activity of collecting, checking and capitalizing on data and information the police must in no way harm or unlawfully restrict the fundamental rights and freedoms of citizens, private life, honor or their reputation. (4) The Ministry of Internal Affairs ensures the protection and employment of police officers who, working undercover, have been exposed in circumstances that exclude their fault. (5) The organization and functioning of the activity of collecting information for the specific police activity shall be established by order of the Minister of Internal Affairs. (6) The Minister of Internal Affairs presents, annually or whenever necessary, the Supreme Council of Defense of the Country and the specialized committees of the Romanian Parliament reports on the activity of collecting the information and funds used for this purpose. (7) The collection, storage and use of data on persons in the attention of the police shall be done in accordance with the law and the international data protection principles. + Article 33 (1) In order to deter, prevent and neutralize the aggressive actions of persons who disturb public order and tranquility, actions that could not be removed or annihilated by the use of other means, police officers can use shields of protection, helmets with visor, rubber sticks, electrostatic energy sticks, devices with irritant-tear substances and paralysis, water jets, rubber bullet guns and handcuffs, service dogs, as well as other means of immobilization that do not endanger life or cause serious bodily harm. (2) The means provided in par. (1) may be used against persons who: a) undertake actions that endanger the bodily integrity, health or property of other persons; b) block, outside the conditions of the law, public traffic routes, try to penetrate, enter without right or refuse to leave the premises of public authorities, political parties, institutions and organizations of public interest or private, endangers in any way the integrity or security of these or the personnel or disturbs the normal conduct of the activity; c) draws people with functions involving the exercise of public authority; d) oppose or disobey, by any means, the fulfilment of the legal requests of the policeman, only if there is a legitimate fear that through their actions they can endanger the bodily integrity or life of the policeman. (3) The use of means provided in par. (1) against participants in aggressive actions will be done gradually, after prior warning of the use of such means and the granting of time necessary for the cessation of actions and compliance with legal requests of Policeman; exception are extreme cases. Any action in public and in extreme cases is done by announcing: "Police!" (4) The use of means provided in par. ((1) must not exceed the actual needs for preventing or neutralizing aggressive actions. + Article 34 (1) In case of necessity the policeman may use, in the situations and under the conditions provided by law, the force of white weapons or firearms. Firearms are used after the summons: "Wait, wait I'm shooting!" (2) In cases of legitimate defense the policeman can use firearms without notice. (3) The use of armaments provided for the performance of duties, under the conditions and in the situations provided by law, removes the criminal nature of the act. + Article 35 The use of the means provided in art. 33 33 and 34 against women with visible signs of pregnancy, against people with manifest signs of disability and children, except in cases where they perform an armed or group attack, which endangers life or integrity. corporal of one or more persons. + Article 36 (1) The Romanian police may intervene in force, under the law, against those who endanger the life, integrity or health of persons or law enforcement bodies, as well as against those who threaten the destruction of buildings or property of public interest or private. (2) The use of means of endowment shall be made only after warning and summons, by means of sound amplification, of participants in disorder on the need to respect the law and public order. If after warning the public order and laws continue to be violated, the policeman appointed as head of the order device or hierarchical chiefs summons the participants using the formula: First summons: " Attention, please leave ... We will use force! ", followed by sound and light signals. If after the passage of the period of time necessary to disperse the unemployed do not obey, a last summons is used, as follows: Last summons: " Leave ... It will use force! " ((3) If in such situations as well as those provided for by art. 47 47 of Law no. 17/1996 on the regime of firearms and ammunition, as amended *), the use of a weapon is required, in advance a last summons will be used, as follows: " Parasiti ... The firearms will be used! " Note
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* *) See also the provisions art. 146 146 para. ((2) of Law no. 295/2004 on the regime of weapons and ammunition, republished in the Official Gazette of Romania, Part I, no. 814 of 17 November 2011, as amended.
---------- ((4) The use of means of hindering and coercion shall cease as soon as the public order has been restored. + Article 37 Every situation that has been made use of the weapon relates to the hierarchical emergency. As soon as possible, the report will be drawn up in writing. If a person's death or injury occurred as a result of the weapon, the act is immediately communicated to the competent prosecutor, according to the law. + Article 38 The policeman is obliged to take the necessary measures to remove the dangers that threaten the public order or the safety of persons, in all situations in which he becomes aware directly or when he is notified about them. + Article 39 The policeman is obliged to take the necessary measures to protect the life, health and bodily integrity of persons whose security ensures it and, in particular, to immediately take measures for medical care to be provided to them every time they required. + Article 40 (1) In the exercise of his duties the policeman is obliged to present the badge or service card, as the case may be, to make known, in advance, the quality, except in situations where the result of intervention or safety The policeman's later would be imperiled. (2) Before entering into action or performing the intervention that does not suffer postponement the policeman is obliged to report verbally, and after the conclusion of any action or intervention, to legitimize himself and declare his position and the police unit in that's part. + Article 41 (1) The policeman is obliged to permanently check the competence of his actions. (2) In carrying out investigations the policeman is obliged to rely on data or information on the commission of illegal acts. + Chapter VI Logistic, material and financial insurance + Article 42 (1) The Romanian Police may hold in immovable use, weapons, ammunition, equipment and specific technical equipment, necessary for the performance of the duties provided by law. (2) Police units shall use, according to the law, a park of their own means of transport, service animals and other means necessary to carry out the duties provided by law. (3) In addition to the police units, sports stations or associations may be constituted. (4) The General Inspectorate of the Romanian Police and the territorial units of the police can have medical offices to provide medical assistance at work, can hold in use treatment bases and accommodation units of the staff and their family members during the time they are on assignment, holidays or medical treatment. + Article 43 The General Inspectorate of the Romanian Police and the territorial units of the police use protocol, service, intervention and social housing that can be assigned to the police, other public servants and contract staff, as well as their families. + Article 44 The endowment of the Romanian Police is carried out by the Ministry of Internal Affairs from the funds allocated with this destination by the state budget law and other sources constituted according to the law. + Article 45 The Inspector General of the General Inspectorate of the Romanian Police is empowered: a) to approve, within the limits of its competences, the technical-economic documentation for their own investment works and to pursue their execution within the set deadlines; b) establish the rules of use, maintenance and repair for the special equipment; c) execute the control of the material and money means distributed to the subordinate units; d) to exercise any other powers conferred by normative acts, in the fields of material and financial insurance. + Chapter VII Final provisions + Article 46 The Romanian police cooperate with similar institutions in other states and with international profile bodies, based on the agreements to which Romania is a party, including through liaison officers. + Article 47 (1) In the interest of ensuring public order and collective security, at the request of the President of Romania, with the approval of the Parliament, the personnel of the Romanian Police may participate, outside the national territory, police for training, police assistance and cooperation, as well as for humanitarian action. (2) During the performance of the missions provided in par. (1) participating police personnel will have the status of staff seconded to international organizations and will benefit from the rights due according to the law. + Article 48 The establishment, organization and functioning of the community police for public order at the level of administrative-territorial units are regulated by law *). Note
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* *) See Local police law no. 155/2010 , published in the Official Gazette of Romania, Part I, no. 488 488 of 15 July 2010, as amended.
---------- + Article 49 The Romanian Police Day is March 25. + Article 50 The uniform of policeman, the form and content of the badge and the documents of legitimation of the police are established by decision * *) of the Government. Note
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** **) See Government Decision no. 1.061/2002 on the establishment of uniform, specific equipment, distinctive marks, badge and legitimation document for police officers, republished in the Official Gazette of Romania, Part I, no. 754 of 5 November 2009, with subsequent amendments and completions.
---------- + Article 51 On the date of entry into force of this Law, the Law no. 26/1994 on the organization and functioning of the Romanian Police, published in the Official Gazette of Romania, Part I, no 123 of 18 May 1994, with subsequent amendments and completions. -------