Law No. 360 Of 6 June 2002 On The Status Of The Policeman

Original Language Title:  LEGE nr. 360 din 6 iunie 2002 privind Statutul poliţistului

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Law No. 360 of 6 June 2002 (* updated *) on the status of the policeman (updated until 23 June 2016 *) ISSUER-PARLIAMENT------Parliament adopts this law.


Chapter I General provisions Article 1 (1) a public servant is a civilian Policeman, armed with special status, appropriately, as a rule, uniform and powers established by law for Romanian Police, specialized State institution.
  

(2) the exercise of the profession of policeman involves, by its nature, functions and special risks.
  

(3) the special status is conferred by the duties and risks, from the weapon and other differentiations set out in this Statute.
  


Article 2 (1) Policeman is invested with the exercise of public authority, and in connection with the performance of their duties and duties, within the limits of the powers established by law.
  

(2) the authority of the function may be exercised in personal interest.
  


Article 3 the policeman carries out its activity in the interest and support of the person, community and State institutions, solely on the basis of law enforcement and in accordance with the principles of impartiality, non-discrimination, proportionality and gradualităţii.


Article 4 (1) the policeman is obliged to respect fundamental rights and freedoms of man, the Constitution and the laws of the country, the oath of faith vs. Romania, service regulations and to comply with the orders and laws concerning the activity of heads his hierarchical superiors.
  

— — — — — — — — — —-. (1) of article 1. 4 was amended by section 1 of article. From the EMERGENCY ORDINANCE nr. 89 of 2 October 2003, published in Official Gazette No. 715 of 14 October 2003.

(2) the policeman responds, according to the law, for the way in which they perform the duties of the service.
  


Article 5 the chiefs within the hierarchical superiors of the Romanian Police are responsible for the legality of the provisions given subordinates. They are required to check if they were transmitted and understood correctly and to check on how compliance with them.


Article 6 Policeman enjoys countervailing duties granted under this law for special conditions and risks involved in the practice of the profession.


Article 7 quality of the COP and gets lost in acquiring the conditions stipulated by this law.


Chapter II Career policeman--------the title of chapter II was amended by section 1 of article. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Section 1 selection and preparation of police policeman Profession Article 8 may be exercised only by the person who acquired this capacity under the law.


Article 9 (1) Police usually come from among the graduates of educational institutions of the Ministry of internal affairs.
  

— — — — — — — — — —-. (1) of article 1. 9 has been modified in accordance with subparagraph (a). b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".

(2) police officers may come and police agents from among graduates with Bachelor's degree or equivalent higher education institutions with the appropriate profile required police specialties.
  

— — — — — — — — —-. (2) of article 9. 9 was amended by paragraph 2 of article 9. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.
(2 ^ 1) In relation to the operational needs of the structures of the Ministry of Internal Affairs, to fill the vacant execution functions can be reframed as the cops people who have ceased employment relationships article service. 69 para. (1) (a). b), d)-f) and (j)), who studies corresponding to the requirements of the post and meet the legal conditions, according to the category to which they belonged.
— — — — — — — — —-. (2 ^ 1), art. 9 was introduced by section 1 of article. From the EMERGENCY ORDINANCE nr. 3 of 24 February 2016, published in MONITORUL OFICIAL nr. 144 of 25 February 2016.
(2 ^ 2) Notwithstanding the provisions of paragraph 1. (1) and (2) to reduce the deficit by cops in the structures of the Ministry of Interior, may be assigned or transferred directly from the institutions in the system of defence, public order and national security, by function execution, policeman vacations with the corresponding studies of the requirements of the post and which fulfil the conditions laid down by law.
— — — — — — — — —-. (2 ^ 2) of art. 9 was introduced by section 1 of article. From the EMERGENCY ORDINANCE nr. 3 of 24 February 2016, published in MONITORUL OFICIAL nr. 144 of 25 February 2016.

(3) for certain functions can be employed directly or transfer from public institutions of Defense and national security specialists with the appropriate job description and requirements studies which satisfies the conditions laid down by law.
  

— — — — — — — — — —-. (3) art. 9 was amended by paragraph 2 of article 9. From the EMERGENCY ORDINANCE nr. 89 of 2 October 2003, published in Official Gazette No. 715 of 14 October 2003.

(4) Admission in educational institutions of Ministry of Internal Affairs is achieved through competition.
  

— — — — — — — — — —-. (4) article. 9 has been modified in accordance with subparagraph (a). b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".

(5) the functions of Employment under the conditions of paragraph 3. COP (2 ^ 1), (2 ^ 2) and (3) shall be made by competition or examination as appropriate.
  

— — — — — — — — —-. (5) article. 9 was amended by paragraph 2 of article 9. From the EMERGENCY ORDINANCE nr. 3 of 24 February 2016, published in MONITORUL OFICIAL nr. 144 of 25 February 2016.


Article 10 (1) of the admission in educational institutions of Ministry of Internal Affairs and from the functions of the COP, pursuant to article. 9 para. (2 ^ 1), (2 ^ 2) and (3) access any person, regardless of race, nationality, sex, religion, wealth or social origin, which fulfils the conditions laid down for the general statutory civil servants, and the following special conditions:----------the introd. paragraphs 1 to 5. (1) of article 1. 10 was amended by section 3 of article 9. From the EMERGENCY ORDINANCE nr. 3 of 24 February 2016, published in MONITORUL OFICIAL nr. 144 of 25 February 2016.

to be capable of) in terms of medically, physically and psychologically;
  

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Lit. of paragraphs 1 to 5). (1) of article 1. 10 was amended by section 3 of article 9. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.

b) does not have a criminal record or not to be criminal court for committing the times of crimes;
  

c) have appropriate behavior principles that govern the profession of policeman.
  

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Lit. c) of paragraph 2. (1) of article 1. 10 was amended by section 3 of article 9. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.

(2) in the first year of activity, the policeman employed directly or transferred must follow a course for career training institutions of the Ministry of internal affairs.
  

— — — — — — — — —-. (2) of article 9. 10 was amended by paragraph 4 of art. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.
(2 ^ 1) Courses for initiation in career training programs are organized according to the specific character of the functions of the Ministry of Internal Affairs/stations and have a duration of at least 3 months: a), for the policeman who has acquired this quality article. 9 para. (2 ^ 2);
  

b) 4 weeks, for the policeman who has acquired this quality article. 9 para. (3).
  

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Alin. (2 ^ 1), art. 10 was introduced by section 5 of art. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.

(3) candidates who have promoted the contest for admission in educational institutions of Ministry of Internal Affairs, as well as persons who are to take up the functions of the COP, pursuant to article. 9 para. (2 ^ 1), (2 ^ 2) and (3) must not be a member of any political party or political organization.
  

— — — — — — — — —-. (3) art. 10 was amended by paragraph 4 of art. From the EMERGENCY ORDINANCE nr. 3 of 24 February 2016, published in MONITORUL OFICIAL nr. 144 of 25 February 2016.

(4) If during the work of the COP or studies in educational institutions of Ministry of Internal Affairs is involved any of the situations referred to in article 1. 45 para. (1) the removal of the measure is to be taken of the person concerned or exmatriculării, as appropriate. In situations where the student, the student or the policeman is in the course of criminal investigation times, measure exmatriculării, the dismissal shall be taken after the final decision of whether the conviction of the Court.
  

— — — — — — — — — —-. (4) article. 10 has been changed in accordance with subparagraph (a). b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".


(5) Recruitment and selection of candidates for admission to competitions in educational institutions and at the occupation of the functions of the COP, pursuant to article. 9 para. (2 ^ 1), (2 ^ 2) and (3) shall be subject to the rules laid down by order of the Minister of internal affairs.
  

— — — — — — — — —-. (5) article. 10 was amended by paragraph 4 of art. From the EMERGENCY ORDINANCE nr. 3 of 24 February 2016, published in MONITORUL OFICIAL nr. 144 of 25 February 2016.


Article 11 (1) the Ministry of Internal Affairs, through specialized structures, ensures continuous preparation for raising professional level of police officers.
  

— — — — — — — — — —-. (1) of article 1. 11 has been modified in accordance with subparagraph (a). b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".

(2) Repealed.
  

— — — — — — — — —-. (2) of article 9. 11 was repealed by section 6 of article. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.

(3) continuous training for police, career development, is achieved through: a) professional competence courses for obtaining professional degrees: Chief Commissioner of police, subcomisar police chief agent or police;
  

b) courses for specialty/change profile;
  

c) other courses required for the performance of the duties of the post, in the country or abroad.
  

— — — — — — — — —-. (3) art. 11 has been modified by point 7 of article. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 12 In future programmes of training policemen, students or students in educational establishments of the Ministry of Internal Affairs foresees specific activities in preparation for the military, for the first year of studies, which ensures this year, after passing the equivalent of carrying out compulsory military service.
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Art. 12 has been modified in accordance with subparagraph (a). b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".


Section 2 of the professional grades and Getting policemen into categories and professional degrees in article 13 (1) Cops can be the beginning or definitivi.
  

(2) Guards beginning to persons who, during the period of internship, a post in the police.
  


Article 14 (1) Guards fall into two categories, which are defined in relation to the level of education needed, as follows: a) category A-Corps-includes police officers with higher education;
  

b) category B-police agents Corps includes guards with post-high school studies or diploma.
  

(2) the categories of police officers are divided on the bodies and professional degrees, as follows: i. body of police officers: the general police constable);
  

b) Chief Police Constable;
  

c) main police constable;
  

d) Police Constable;
  

e) Chief Commissioner of police;
  

f) Police Commissioner;
  

g) subcomisar police;
  

h) main police inspector;
  

I) police inspector;
  

j) student police.
  

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Pct. (I) of paragraph 1. (2) of article 9. 14 was amended by section 8 of article. From the EMERGENCY ORDINANCE nr. 89 of 2 October 2003, published in Official Gazette No. 715 of 14 October 2003.
II. Body police agents: a) Chief agent's main police station;
  

b) Chief Police agent;
  

c) agent-Deputy Chief of police;
  

d the main police agent);
  

e) slop.
  

(3) the professional Grades of Constable, Chief Commissioner and a Commissioner can be obtained only by officers with higher education of long duration, graduated with a Bachelor's degree or equivalent licence.
  


Article 15 (1) to grant degrees is done by professional advancement by: a) the President of Romania, for police officers to the rank of Quaestor of police, Pompey's main police station, police Chief Constable and police general Constable at the recommendation of the Minister of Internal Affairs;
  

b) Interior Minister, for other police officers, on the proposal of the inspector-general of the Romanian police;
  

c) inspector general of police and heads of other structures of the Ministry of Internal Affairs, according to the competences established by order of the Minister of administration and Interior, for police agencies.
  

— — — — — — — — — —-. (1) of article 1. 15 was modified in accordance with subparagraph (a). b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".

(2) Repealed.
  

— — — — — — — — — —-. (2) of article 9. 15 was repealed by paragraph 10 of article 10. From the EMERGENCY ORDINANCE nr. 89 of 2 October 2003, published in Official Gazette No. 715 of 14 October 2003.


Article 16 (1) For obtaining the degree following professional policeman should meet the following cumulative conditions: a) have fulfilled the minimum professional degree stage held or to fulfill during the calendar year concerned;
  

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Lit. of paragraphs 1 to 5). (1) of article 1. 16 was amended by section 1 of article. 1 of law No. 133 of 27 June 2011, published in MONITORUL OFICIAL nr. 448 of 27 June 2011.

(b)) have been praised throughout the period of the internship a minimum degree with distinction at least «good». The years in which the policeman was granted the lower ratings or was not assessed not included in calculating the minimum traineeship in degree.
  

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Lit. b) of paragraph 2. (1) of article 1. 16 was amended by section 1 of article. 1 of law No. 133 of 27 June 2011, published in MONITORUL OFICIAL nr. 448 of 27 June 2011.
(1 ^ 1) The granting of professional grade, within the same category, is done in the order of hierarchical ranks within the limit of the number of posts provided with respective grades, approved by the Minister of internal affairs.
— — — — — — — — —-. (1 ^ 1), art. 16 was introduced by section 8 of article. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.

(2) Professional Degree the Chief Commissioner of police, subcomisar police chief agent or police can be obtained following the completion of a course of professional competence organized for that professional-grade.
  

— — — — — — — — —-. (2) of article 9. 16 was amended by point 9 of article. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.
(2 ^ 1) Are exempted from the graduation of course referred to in paragraph 1. (2) the police officer who has completed a post-graduate course in the University, a master's program or who acquired the title doctor in the field of scientific management or in specialty basic function studies, as well as the police officer who has completed higher education.
— — — — — — — — —-. (2 ^ 1), art. 16 was introduced by paragraph 10 of article 10. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.
(2 ^ 2) Professional degree fan can be obtained from the Chief Police Commissioner who has passed the examination organized for the purpose.
— — — — — — — — —-. (2 ^ 2) of art. 16 was introduced by paragraph 10 of article 10. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.

(3) Repealed.
  

— — — — — — — — — — — —-. (3) art. 16 it was repealed by section 2 of art. in accordance with law No. 101 of 7 April 2004, published in Official Gazette No. 346 of 20 April 2004 amending the pct, article 13. From the EMERGENCY ORDINANCE nr. 89 of 2 October 2003, published in Official Gazette No. 715 of 14 October 2003.


Article 17 the minimum qualifying period in professional ranks is: i. body of police officers: a Chief Constable)-2 years;
  

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Lit. the point of) I art. amended 17 of point 14 of article. From the EMERGENCY ORDINANCE nr. 89 of 2 October 2003, published in Official Gazette No. 715 of 14 October 2003.

b the main police constable)-2 years;
  

c) Police Constable-2 years;
  

d) Chief Police Commissioner-3 years;
  

e) Police Commissioner-3 years;
  

f) subcomisar-4 years;
  

g) main police inspector-3 years;
  

h) police inspector-3 years;
  

I) student-4 years.
  

II. Body police agents: a) agent-police chief-5 years;
  

b) agent-Deputy Chief of police-5 years;
  

c the main police agent)-5 years;
  

d) slop-5 years.
  


Article 18 Repealed.
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Art. 18 was abrogated by the point 11 of article 1. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 19 Repealed.
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Art. 19 was repealed by item 11 of article 4. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 20 the policeman who sacrificed their lives in the performance of their duties he was awarded posthumously the degree of student police for police agencies, level, for police officers.


Article 21


(1) graduates of educational institutions in the field of the Ministry of Internal Affairs, as well as those prepared for the needs of the Ministry of internal affairs at other educational institutions are granted professional degrees or, as the case may be, shall be equated with professional degrees military ranks article. 73 para. (1) and (2) and are engaged in police structures with periods of internship.
  

— — — — — — — — —-. (1) of article 1. 21 has been changed from point 12 of article 4. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.

(2) on completion of the school training of police, the police is given to professional degree slop and is employed as a debutant for a period of 6 months.
  

(3) upon graduating with Bachelor of education programs and public safety as, respectively, in the form of education or low frequency frequency within the Police Academy «Alexandru Ioan Cuza "of Ministry of Internal Affairs, graduate to be allocated in units of police professional degree is granted by the police and student is employed as a beginner on a twelve-month traineeship.
  

— — — — — — — — —-. (3) art. 21 has been changed from point 12 of article 4. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.
(3 ^ 1) Policemen referred to in art. 9 para. (2 ^ 1) are granted professional degrees depending on their training and seniority in the appropriate specialty studies completed, reported the post, but not professional degrees equivalent to the lower ranks of the military held in reserve.
— — — — — — — — —-. (3 ^ 1), art. 21 was introduced by section 5 of art. From the EMERGENCY ORDINANCE nr. 3 of 24 February 2016, published in MONITORUL OFICIAL nr. 144 of 25 February 2016.
(3 ^ 2) Policemen referred to in art. 9 para. (2 ^ 2) is paid to the professional ranks according to their preparation and seniority in the appropriate specialty studies completed, reported the post. They are employed in minimum functions prescribed by law and the corresponding professional degrees awarded, for a trial period of 6 months or 12 months in relation to the category to which they belong and the professional degree.
— — — — — — — — —-. (3 ^ 2) of art. 21 was introduced by section 5 of art. From the EMERGENCY ORDINANCE nr. 3 of 24 February 2016, published in MONITORUL OFICIAL nr. 144 of 25 February 2016.
(3 ^ 3) The provisions of paragraphs 1 and 2. (2) and (3) apply properly trained graduates and for needs of the Ministry of Interior at other educational institutions, except the medical-Military Institute graduates who during the internship fits within specific functions appropriate professional degree held.
— — — — — — — — —-. (3 ^ 3) of art. 21 was introduced by the pct, article 13. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.

(4) the police officers referred to in article 1. 9 para. (2) and (3) shall be granted professional degrees depending on their training and seniority in the appropriate specialty studies completed, reported the post. Their classification is done on a probationary period of 6 months or 12 months in relation to the category to which they belong and the professional degree.
  

— — — — — — — — — — —-. (4) article. 21 was amended by section 5 of art. in accordance with law No. 101 of 7 April 2004, published in Official Gazette No. 346 of 20 April 2004, amending article 17 pct. From the EMERGENCY ORDINANCE nr. 89 of 2 October 2003, published in Official Gazette No. 715 of 14 October 2003.
(4 ^ 1) Notwithstanding the provisions of paragraph 1. (4) the period of residency established according to legal provisions in case of specialized medical personnel will be taken into account in granting the degree.
— — — — — — — — —-. (4 ^ 1), art. 21 was introduced by the pct, article 14. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.

(5) upon the expiry of a period of internship or policeman, argues the finalization in the profession. The policeman said nepromovat is distant from the police.
  

— — — — — — — — — —-. (5) article. 21 has been changed from point 17 of article. From the EMERGENCY ORDINANCE nr. 89 of 2 October 2003, published in Official Gazette No. 715 of 14 October 2003.

(6) policeman who passed the examination completed professional degree is obtained.
  

(7) the duration of the traineeship and the police constitute the sample.
  

(7 ^ 1) Policemen referred to in art. 9 para. (2 ^ 1) and (2 ^ 2) cannot be modified under delegation service ratios, deployment, move, and one for at least three years after appointment to the first function, except there is reorganization of the unit.
— — — — — — — — —-. (7 ^ 1), art. 21 was introduced by paragraph 6 of article 19. From the EMERGENCY ORDINANCE nr. 3 of 24 February 2016, published in MONITORUL OFICIAL nr. 144 of 25 February 2016.

(8) the conditions for the performance period of the traineeship and the sample and methodology of organization and conduct of the examination shall be established in the profession being finalised by order of Minister of internal affairs.
  

— — — — — — — — — —-. (8) article. 21 has been modified in accordance with subparagraph (a). b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".


Article 22 (1) the functions of the police is differentiating by category, grade and coefficient ranking.
  

(2) the functions of police officers after their nature, are running and driving, and the level of education completed are functions of category A and category B functions.
  

(3) each of the two categories of functions are divided into professional degrees, according to the hierarchical structure. 14. (4) Guards fall and can be promoted into positions of execution provided for in organization States with professional degrees equal to or greater than 3 speed versus the ones you have.
  

— — — — — — — — —-. (4) article. Amended 22 of point 15 of article 2. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.
(4 ^ 1) Promoting the function lies in the appointment immediately above in the context of the post occupied.
— — — — — — — — —-. (4 ^ 1), art. 22 was introduced by paragraph 16 of article. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.
(4 ^ 2) Upon completion, the policeman is promoted according to paragraph 1. (4 ^ 1).
— — — — — — — — —-. (4 ^ 2) of art. 22 was introduced by paragraph 16 of article. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.
(4 ^ 3) The policeman is promoted according to the evaluation, if annual service for the previous year has obtained a mark of at least "good" and not under the effect of a disciplinary sanctions.
— — — — — — — — —-. (4 ^ 3) of art. 22 was introduced by paragraph 16 of article. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.

(5) the functions and mode of payroll guards shall be determined by law, within six months from the date of entry into force of this law.
  

(6) For duly justified reasons, the police may be appointed, at their request, in the lower professional grades functions they have.
  

— — — — — — — — — —-. (6) article. 22 was introduced by the pct, article 19. From the EMERGENCY ORDINANCE nr. 89 of 2 October 2003, published in Official Gazette No. 715 of 14 October 2003.

(7) issuing administrative Powers relating to birth, amendment, suspension and termination of service of the police shall be determined by order of the Minister of Internal Affairs, in accordance with the law.
  

— — — — — — — — — —-. (7) article. 22 was modified in accordance with subparagraph (a). b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".

(7) Repealed.
  

— — — — — — — — —-. (8) article. 22 was repealed by article 17 pct. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 23 (1) to the first professional degree, graduate or the person who has acquired the status of COP pursuant to article. 9 para. (2 ^ 1), (2 ^ 2) and (3) the oath of allegiance in front of the head of the educational institution or, as appropriate, the head of the police unit and in the presence of two police officers.
  

— — — — — — — — —-. (1) of article 1. 23 has been amended point 7 of article. From the EMERGENCY ORDINANCE nr. 3 of 24 February 2016, published in MONITORUL OFICIAL nr. 144 of 25 February 2016.

(2) the oath of allegiance has the following content: "I swear to respect the Constitution, fundamental rights and freedoms of man, to apply fairly and impartially the laws of the country, to fulfill my responsibility and good faith of the duties incumbent on me according to function and to keep professional secrecy. So help me God! "
  

(3) the oath of faith shall be filed and without religious formula of discharge.
  

(4) the oath of allegiance signed by the graduate or the policeman employed directly or transferred and, where appropriate, by the head of the educational institution or the head of the unit, as well as by the guards.
  

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Paragraphs 1 and 2. (4) article. 23 was amended by the pct, article 18. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.

5. Leap of faith is countersigned by the Minister of Internal Affairs, the personal folder is kept of the policeman, and a copy of the enrolled shall be given him.
  

— — — — — — — — — —-. (5) article. 23 has been amended in accordance with subparagraph (a). b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".

(6) the signing his oath of faith requires the agreement of the policeman's default to test his fidelity and integrity by performing inspections, in accordance with the law.
  


Article 24 The first professional degree, the appointment and dismissal from a managerial post, as well as the termination of service, the policeman is obliged to declare their wealth, according to the law.


Article 25 (1) every police officer has a personal file containing: a) appointment document, document attestation of studies and taking the oath;
  

b) documents relating to the evaluation of the activity of its annual progressions, functions, classes, grades or rewards, as well as the sanctions have been applied, ordered chronologically and without discontinuities;
  

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Lit. b) of paragraph 2. (1) of article 1. 25 has been amended pct article 20. From the EMERGENCY ORDINANCE nr. 89 of 2 October 2003, published in Official Gazette No. 715 of 14 October 2003.

c) Declaration of wealth and other documents, established by order of the Minister of internal affairs.
  

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Lit. c) of paragraph 2. (1) of article 1. 25 has been amended in accordance with subparagraph (a). b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".

(2) prohibit the personal use of the police of any documents relating to his political opinions, Trade Union, religious or any other nature.
  

(3) the policeman may refer to the personal folder, and, on request, will release copies of existing laws, which do not contain classified information, according to the law.
  

— — — — — — — — — —-. (3) art. 25 has been amended pct, article 21. From the EMERGENCY ORDINANCE nr. 89 of 2 October 2003, published in Official Gazette No. 715 of 14 October 2003.


Article 26 (1) and conduct police Activity are assessed once a year, and the findings should be reported in the annual assessment service, with the granting of one of the following qualifiers: "very good", "good", "satisfactory", "unsatisfactory".
  

(2) where the policeman took no activity during the whole year, the grade awarded as a result of the assessment for the period or periods worked only if it constitutes an annual grade work done outweighs the cumulative 6 months.
  

(3) the legal effects Ceased.
  

-----------
Art. 26 was amended by section 3 of article 9. 1 of law No. 133 of 27 June 2011, published in MONITORUL OFICIAL nr. 448 of 27 June 2011.


Article 27 Repealed.
----------
Art. 27 pct was repealed by article 19. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Section 3 of the amendment and suspension of the service relationship of the policeman----------section 3 of chapter II, articles 1-27 of 27 ^ ^ 32, was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Paragraph (1).
General rules concerning amendment and suspension of the police report — — — — — — — — — — paragraph 1 of section 3 of chapter II was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 ^ 1 (1) of the Police Report can be changed by: a) delegation;
  

b) detachment;
  

(c) participation in international missions);
  

d) power of attorney on a managerial post;
  

(e));
  

f) move;
  

g) make available.
  

(2) alter the service report in the cases referred to in paragraph 1. (1) (a). the-f)) can be achieved upon completion, except where there has been the reorganization of the unit.
  

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Art. 27 ^ 1 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 ^ 2 Report of the policeman on duty is suspended by operation of law, by initiative or at the request of his own.
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Art. 27 ^ 2 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 ^ 3 during the period of leave for temporary incapacity for work, maternity leave, parental leave to care for a sick child or a disabled child for intercurrent, as well as of the suspension, the ratio of police service cannot be modified only at the initiative of or, as the case may be, with written permission, except in the following situations: a) as a result of the abolition of the post occupied through the reorganization of the Ministry of internal affairs or a unit;
  

b) was willing to setting in motion the criminal action, except that it was put into motion for an offense that isn't manslaughter in connection with the service;
  

c) measure was ordered pre-trial detention or arrest;
  

d) has ordered judicial control measure or judicial control on bail, with the prohibition to exercise the profession.
  

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Art. 27 ^ 3 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 ^ 4 for the modification or suspension of the service in the cases provided for by this section, the policeman is called in a State Organization, hereinafter referred to as the State.
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Art. 27 ^ 4 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 ^ 5 amendment and suspension of the service relationship of the policeman is in their possession or, where appropriate, by administrative act according to the skills of human resources management.
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Art. 27 ^ 5 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


§ § 2.
The delegation — — — — — — — — — — second Paragraph of section 3 of chapter II was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 (1) ^ 6 Delegation representing temporary exercise of the policeman to the corresponding activities of the post occupied outside of his work in the same establishment or in another establishment. The delegation is in the interests of the unit features which is framed by the policeman or in the interest of the unit hierarchical superior.
  

(2) Notwithstanding the provisions of paragraphs 1 and 2 of the. (1) the delegation, the policeman can exercise, with the agreement of his writing activities other than those corresponding to the station occupied the administrative act amendment of service.
  

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Art. 27 ^ 6 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 ^ 7 Delegation may be ordered for a maximum period of 60 calendar days within a period of 12 months. Delegation for a period of more than 60 calendar days within a period of 12 months may order only with the written consent of the policeman.
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Art. 27 ^ 7 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


§ § 3.
Posting — — — — — — — — — — Paragraph 3 of section 3 of chapter II was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 (1) ^ 8 Posting police consists of temporary change of job and duties in other units/structures of the Ministry of internal affairs or at other institutions or public authorities, at their request. In exceptional cases and only with the written consent of the policeman, through detachment may change and specificity.
  

(2) post ordering in the interest of the unit in which the policeman to conduct business.
  

(3) Posting can dispose only if the vocational training of the police allows exercising the functions and responsibilities of the function to be called.
  

(4) Posting police ordering a post vacant or temporarily vacant.
  

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Art. 27 ^ 8 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 (1) ^ 9 Posting may be ordered without the consent of the police for a period not exceeding 6 months. The posting for a period of not more than 12 months may order only with his consent.
  


(2) Notwithstanding the provisions of paragraphs 1 and 2 of the. (1) posting, with the agreement of his writing in the context of public authorities is made during the period established by the laws in force applicable to the situations in question.
  

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Art. 27 ^ 9 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 (1) ^ 10 Posting police at institutions in the system of national defense, public order and national security, to other public authorities and institutions or of the National Police Corps is accomplished after appointment to the State set up to this end annex.
  

(2) Posting to the institutions of national defense, public order and national security or to the public authorities and other institutions can be done according to the law, and without naming the State annex, in which case the unit is required to reserve the position held by the previous COP posting.
  

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Art. 27 ^ 10 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 ^ 11 Termination of the posting done under art. 27 ^; (1) determine the return of policeman in the unit which he left in order to appointment according to art. 27 ^ 31.
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Art. 27 ^ 11 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


§ § 4.
Common provisions concerning delegation and posting — — — — — — — — — — 4th Subparagraph of section 3 of chapter II was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 ^ 12 Policeman may deny delegating or posting if they are in one of the following situations: a) pregnancy;
  

b) grow minor child;
  

c) health, proven with medical certificate issued/endorsed by medical structures of the Ministry of Internal Affairs, the delegation could not make or posting related to the tasks and working conditions specific to the workplace where is detached/delegate;
  

d) is the only întreţinător of the family;
  

e other personal reasons) substantiated.
  

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Art. 27 ^ 12 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 Delegation respectively 13 ^ posting cease in the following situations: a) the expiry date in respect of which it has been ordered;
  

b) activity which has imposed the delegation, namely the posting is no longer necessary;
  

c) unit in which it is framed policeman withdraws consent with respect to the posting of the policeman;
  

d) at the request of the police intervened when one of the situations referred to in article 1. 27 ^ 12.
  

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Art. 27 ^ 13 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


§ § 5.
Participation in international missions — — — — — — — — — — the fifth Paragraph of section 3 of chapter II was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 ^ 14 (1) Participation at an international police mission that involves conducting other activities than those proper fasting is done after his appointment the State set up to this end annex.
  

(2) the termination of the Mission of international police in the determined comeback which he left in order to appointment according to art. 27 ^ 31.
  

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Art. 27 ^ 14 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Paragraph § 6.
Empowerment — — — — — — — — — — the sixth Paragraph of section 3 of chapter II was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 (1) ^ 15 Empowerment represents the temporary exercise of the duties of a managerial functions on a vacancy or a temporarily vacant post whose holder is authorized on a managerial or other function is not present in the unit for more than 30 consecutive calendar days, except for the period of the leave.
  

(2) may be empowered policeman who satisfies the conditions referred to in the study the job description, is not researched whether or not disciplinary action is under the effect of a disciplinary sanctions.
  

(3) during the empowerment, the policeman shall be entitled, where appropriate, and the rights that are due the policeman posted.
  

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Art. 27 ^ 15 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 ^ 16 (1) the policeman may be authorized, with the consent of the latter, for a period not exceeding 6 months. Extension of empowerment may be ordered with the consent of the police for a maximum of 6 months, during which are binding on the Organization and conduct of the competition to fill the post.
  

(2) in the case of the post temporarily vacant leadership, empowering it can dispose up to the cessation of the situation which led to the temporary position becomes vacant.
  

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Art. 27 ^ 16 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 ^ 17 lapses in Empowerment: a) on the date of expiry of the period for which it has been ordered;
  

b) to fill the post;
  

c) returning to the holder of the post;
  

d) at the request of the police empowered;
  

It's the person who) has ordered.
  

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Art. 27 ^ 17 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


§ § 7.
Transfer — — — — — — — — — — the seventh Paragraph of section 3 of chapter II was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 ^ 18 (1) the transfer shall be carried out with the police, Interior Ministry approval, institutions of defence, public order and national security.
  

(2) the transfer shall be carried out: a) in the interests of the service, with the agreement of the police;
  

b) at the request of the directors, with the agreement of the institutions referred to in paragraph 1. (1).
  

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Art. 27 ^ 18 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


§ § 8.
Moving — — — — — — — — —-the 8th Paragraph of section 3 of chapter II was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 ^ 19 can be moved to Guard the same establishment or in another establishment of the Ministry of Internal Affairs, from the same commune or commune, with the consent of the Chief of the unit in which it is employed, and the Chief of the unit in which to move, in the following situations: a) in the interest of the service;
  

(b) at the request of the police).
  

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Art. 27 ^ 19 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 ^ 20 Moving in the interests of the service shall be made only with the written consent of the policeman.
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Art. 27 ^ 20 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


§ § 9.
Making available — — — — — — — — — — the 9th Paragraph of section 3 of chapter II was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 (1) ^ 21 Policeman is made available for the purpose of appointment in a function by applying the provisions of art. 27 ^ 31, in the following situations: a) as a result of the abolition of the post occupied by reorganizing the Ministry of internal affairs or a unit;
  

b) where it cannot be reinstated in the position held previously, at the end of the plea in a State appointment;
  

c) as a result of your ranking «limited» apt by medical expertise commissions, when they can no longer perform the duties of the tool;
  

d) when they are withdrawn by the competent authority opinions, authorizations or approvals required tenure;
  

e) when another COP is reinstated in the position held previously under art. ^ 27 or 29 as a result of reintegration through the final judgment;
  

f) at dismissal, with his consent, for reasons not attributable.
  

(2) the policeman is made available when compared to it was put in motion criminal proceedings, except where the criminal action has been on the move for an offense that isn't manslaughter in connection with the service.
  

(3) making available in the situations described in paragraphs 3 and 4. (1) (a). c), (d)) and e), and paragraph 2. (2) it is established from the date of the referral of the situation to his attention.
  

(4) the policeman is made available to the unit, or with his consent, available to other units.
  

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Art. 27 ^ 21 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 ^ 22


Police provided the situation is this: a) adjudicates for the policeman referred to in art. ^ 27 21. (1) within a maximum period of 6 months, which can be extended by another six months, with the approval of the Minister of Internal Affairs;
  

b) for policeman; ^ 27 21. (2) when ordering, then waiving prosecution, acquittal, forgoing sentencing deferred the application of the death penalty, as well as terminating criminal process.
  

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Art. 27 ^ 22 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 (1) ^ 23 during implementation, the policeman fulfilling those tasks and duties set out in writing by the head of the unit, below the signature.
  

(2) where the front was policeman ordered the setting in motion of the criminal action, he shall determine the tasks and duties of the service that are not likely to impieta smooth criminal.
  

(3) the policeman made available shall receive monetary rights stipulated by legislation on wages of police officers are in this situation, as well as other rights provided for in this law.
  

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Art. 27 ^ 23 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


§ § 10.
Suspension — — — — — — — — — — the 10th Paragraph of section 3 of chapter II was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 24 Suspension report 27 ^ service has the effect of suspending the fulfilment of duties by the policeman.
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Art. 27 ^ 24 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 ^ 25 report of the police service will be suspended by operation of law in the following situations: a) is the pre-trial or are under house arrest;
  

b) lies under judicial control or judicial review on bail and ordered the ban on profession;
  

c) performs a function of leadership within the salaried unions, consisting according to law;
  

d) is named in a function within the Cabinet Office Minister, outside the Ministry of Interior;
  

e) is gone, and the disappearance has been established by final court decision;
  

f) was established according to law, quarantine;
  

g) force majeure;
  

h) do not sustain psychological evaluation to be carried out periodically at the resumption of activity at the request of the expert committees/work capacity assessment or when ordered as a result of the finding of the existence of motivated behavioral clues, and even who could advertise the need for psychological examination;
  

I) in other cases expressly provided by law.
  

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Art. 27 ^ 25 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 ^ 26 (1) of the Police Report may be discontinued, at his initiative, in the following situations: a) to perform child rearing leave;
  

b) to conduct an activity in the framework of international bodies or institutions;
  

c) accompanies her husband sent the Permanent Mission abroad, according to the law No. 269/2003 concerning the status of the diplomatic and consular Corps, with subsequent amendments, during the mission.

(2) the ratio of service may be discontinued at the reasoned request of the police, for a legitimate personal interest, in cases other than those referred to in paragraph 1. (1) for a period of between one month and three years.
  

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Art. 27 ^ 26 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 ^ 27 (1) Termination of the suspension takes place on the date provided for in the administrative act issued in this respect.
  

(2) where the administrative act of the suspension is provided for the period of the suspension, within 5 working days from the date of termination of the reason that prompted the suspension, the policeman is obliged to inform in writing about this unit belongs.
  

(3) the issuance of an opinion by a psychological psychologist involved in the pursuit of psychological units of the Interior Ministry, in the situation referred to in article 1. 27 ^ 25 lit. h), constitute grounds for termination of the suspension.
  

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Art. 27 ^ 27 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 (1) ^ 28 Policeman located in one of the situations referred to in article 1. 27 ^ 25, art. 27 ^ 26 para. (1) (a). b) and (c)) and paragraph 3. (2) is called in a function that is identical to the State set up to this end annex. At the end of the suspension, the policeman is appointed according to art. 27 ^ 31.
  

(2) in the event of suspension of service relationship to perform child rearing leave, the unit is required to reserve the position held by the previous COP suspension.
  

(3) the police suspended the work, i withdraw the troops and equipment that have been distributed in order to accomplish job duties.
  

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Art. 27 ^ 28 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Paragraph § 11.
Common provisions relating to the provision and suspension of — — — — — — — — — — the eleventh Paragraph of section 3 of chapter II was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 ^ 29 when ordered rank, waiving prosecution, acquittal, forgoing sentencing deferred the application of the death penalty, as well as in the event of termination of criminal process, the policeman is reinstated in the position held and in all rights considered the implementation date available or suspension, including the compensation of those who he was during the implementation of the provision or the suspension.
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Art. 27 ^ 29 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 (1) ^ 30 when he ordered the conviction by definitive judgment to jail suspended sentence or fine for a criminal offence committed through negligence that is not in connection with the service, the retention of the policeman should be analysed at the level of the unit of which it is part.
  

(2) in the event of approval of the maintenance work, the policeman is appointed according to art. 27 ^ 31.
  

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Art. 27 ^ 30 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


§ § 12.
Depending on the appointment and recognition of rights — — — — — — — — — — the 12th Paragraph of section 3 of chapter II was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 ^ 31 order of priority with a view to the appointment according to the following: a) to the position formerly occupied if it is vacant;
  

b) in a similar function in the unit;
  

c) in a similar function in another drive;
  

d) into a function with a ranking equal to or lower than that occupied earlier in the unit;
  

e) in a function with a ranking equal to or lower than that previously occupied the other unit;
  

(f)) in a lower degree professional function held in the unit;
  

g) in a lower degree function professionally owned, to another drive.
  

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Art. 27 ^ 31 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 ^ 32 (1) the period during which a police officer has exercised the powers of a leadership positions through the empowerment constitutes leadership positions.
  

(2) the period of suspension of service shall not constitute the service, unless provided otherwise by law.
  

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Art. 27 ^ 32 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Section 4-a vacancy — — — — — — — — — Section 4 of chapter II, articles 27-31 ^ ^ 33 48, was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 ^ 33 vacant handles policeman who meets the conditions of employment set out in the job description and the conditions provided for in this section.
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Art. 27 ^ 33 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 ^ 34 vacant post of execution through deals: a) the appointment of graduate educational institution of the Ministry of internal affairs or that prepares staff for the needs of the Ministry of Internal Affairs;
  

b) upon request or move in the interest of the service;
  

c) contest or exam, as appropriate, in the circumstances referred to in article 1. 9 para. (2) and (3).
  

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Art. 27 ^ 34 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 ^ 35 (1) the driving position vacant deals by: a) competition or examination as appropriate;
  

b) upon request or move in the interests of the service, when the function coefficient ranking equal to or lower than the one previously held;
  

c direct appointment with) the written consent of the policeman on the same post or a post with coefficient ranking equal to or lower than the one previously held;
  

d) other cases provided by law.
  

(2) direct Appointment pursuant to paragraph 4. (1) (a). c) can be applied in the following situations: a) as a result of reorganization of the unit;
  

b) as a result of reintegration through the final judgment, a policeman in the driving function occupied;
  

(c) upon the termination of the appointment) State annex, if earlier the policeman has dealt a managerial post;
  

d) as a result of implementation available for reasons not attributable.
  

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Art. 27 ^ 35 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 ^ 36 (1) for the vacant job description employment through competition or exam, is constituted by the Commission of competition and Commission review. The competition Commission can operate subcommittees.
  

(2) the Commission referred to in paragraphs 1 and 2 of the contest. (1) shall be drawn up from an odd number of members. They function at least equal to that required for the contest, and at least one of the members has specialized studies required to fill the post removed from competition.
  

(3) the nominal composition of the committees referred to in paragraph 1. (1) as well as the designation of their Secretaries shall be determined by order/disposition issued according to skills.
  

(4) the contest is organized by the State in whose organization is given the vacancy or upper echelons/units that ensure coordination of methodological structures in the posts.
  

(5) it can organize and Contest to fill several vacancies in the same specialty.
  

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Art. 27 ^ 36 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 37 (1) ^ Ad for a contest the vacant unit is displayed at the registered office and shall be published by the human resources officer, with at least 15 working days before the date of realisation, on the website of the unit or to the upper fold, unless there are times it is not operational, in print.
  

(2) the competition to fill the post vacant execution which involves activity under a different identity than the real rules are available without advertising.
  

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Art. 27 ^ 37 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 ^ 38 Contest to fill the post vacant leadership consists in supporting a structured interview on professional topics, which record the audio and/or video.
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Art. 27 ^ 38 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 ^ 39 (1) the competition to fill the post vacant execution consists in support of a written test which may be recorded/monitored video, for checking the knowledge necessary for the performance of the duties of the position.
  

(2) depending on the specific duties of the vacant test execution may be preceded by at least one support, with direct relevance for performance on the post, with knock-out character, which is recorded audio and/or video, as follows: a) test;
  

b) performance evaluation;
  

c) evaluation of language skills.
  

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Art. 27 ^ 39 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 of Commission competition ^ 40 topics and develops scales correction/grading and appraisal, in line with the theme and bibliography.
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Art. 27 ^ 40 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 ^ 41 (1) the assessment of the evidence referred to in article 1. 27 ^ ^ 27, 38 and 39 shall be done with notes from 1 to 10.
  

(2) promotion of each Note of competition is at least 7.00.
  

(3) the sample of the performance evaluation of physical assessment and shall promote appropriate scales specified by order of the Minister of internal affairs concerning the activities of physical education and sports in the Ministry of internal affairs.
  

(4) the candidates are declared «admitted» in descending order of the interview notes structured in subjects or, where appropriate, the written test, in the limit on the number of workstations for councilors.
  

(5) the final results of the contest shall be entered in a table are nominal and acknowledges through the display.
  

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Art. 27 ^ 41 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 ^ 42 (1) where, in the contest to fill a post vacant, driving more candidates obtain the same note, it is stated that «admitted» candidate has the greatest seniority in the job description.
  

(2) where several candidates have the same seniority in the station's specialty, the contest is declared «» candidate who has admitted the greatest seniority in the post concerned the necessary studies.
  

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Art. 27 ^ 42 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 ^ 43 (1) where, in the contest to fill a post vacant, running more candidates have the same note, while the contest consisted of a sample and the knockout competition, it is stated that «» admitted the candidate has the highest note.
  

(2) in the event that were supported several rounds, samples shall be declared «the candidate admitted» achieved the highest final note, determined as the arithmetic mean of the notes on these samples.
  

(3) in the event that the contest consisted solely in support of the sample by the shootout, candidates shall be carried out on the basis of the results obtained as a result of the support of a structured interview on professional topics.
  

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Art. 27 ^ 43 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 (1) ^ 44 the policeman with the result obtained at eliminating or sample (s) to the test writing/interview structured professional subjects can formulate opposition, once for each sample, within 24 hours of the show.
  

(2) the Commission review is required to resolve complaints within 2 working days after the final date for submission.
  

(3) acceptance of the opposition to the sample (s)/knockout rounds has as a consequence the candidate to reschedule again and support the respective sample (s).
  

(4) Note After the appeal granted test writing/interview structured professional subjects is final.
  

(5) the results of the appeal are brought to their attention through the display.
  

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Art. 27 ^ 44 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 ^ 45 police officer graduated higher education can participate in the contest to fill a post vacant officer design, if it meets the following conditions: (a) (b) cumulatively) shall be declared «» psychologica apt organized for that purpose;
  

b) is not sought disciplinary action or not is under the effect of disciplinary sanctions;
  

(c)) is not made available suspended from Office in the times article. ^ 27 21. (2) or article 10. 27 ^ 25 lit. a), b) and (h));
  

d) has obtained a mark of at least «well» at the last two annual assessments.
  

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Art. 27 ^ 45 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 ^ 46 (1) in the contest to fill a post vacant leadership can participate: a policeman who) is declared «medical» and «apt apt "in a psychological evaluation organized for that purpose;
  

b) is not sought disciplinary action, not under the effect of a disciplinary or it has not been put in motion criminal proceedings;
  

c) has obtained a mark of at least «well» at the last two annual assessments;
  

d) satisfies the conditions of seniority and education, in accordance with para. (2) and (3).
  

(2) the conditions of seniority required the participation of police officers in the competition are: i. for the Office of inspector general and deputy inspector general/similar and superior functions of Chief/similar level of central apparatus of the Ministry of Internal Affairs: the specialty of) necessary studies tenure-7 years;
  

b) seniority in leadership positions in units of the Ministry of internal affairs-4 years;
  

II. for higher functions of Chief/similar, other than those referred to in point. I:


the specialty of) necessary studies tenure-5 years;
  

b) seniority in leadership positions in units of the Ministry of internal affairs-3 years;
  

III. functions of the Chief of service/similar at all hierarchical levels and the City Police Chief and Deputy Police Chief town: the specialty of) necessary studies tenure-2 years;
  

b) the specialty structure for the competition-3 years;
  

IV. for head office/similar at all hierarchical levels: a) the specialty studies necessary tenure-2 years;
  

b) the specialty structure for the contest-2 years.
  

(3) the provisions of paragraphs 1 and 2. (2) section IV applies for participation in the contest of police agents employment functions for which police agencies benefit from the allowance.
  

(4) can participate in the contest to fill the functions referred to in paragraph 1. (2) section. I, II, III, the police officer who graduated from the postgraduate or undergraduate masters in the field of management or in specialty basic function studies.
  

(5) exception to the conditions laid down in paragraph 1. (2) item (IV) head office if the unit does not have a function execution officer.
  

(6) a similar Function is determined by reference to the coefficient ranking, hierarchical level and professional degree.
  

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Art. 27 ^ 46 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 ^ 47 (1) the candidate declared «contest» admitted to fill a function execution is granted professional degree and is appointed only if they fulfilled the conditions laid down in article 21. 10 para. 1. Motivation of decisions based on considerations of public policy or national security shall not be communicated.
  

(2) the candidate declared «contest» admitted to fill a function executing in the situation referred to in article 1. 9 para. (2) or to fill a post vacant, driving in the State of organization of the other units than that in which it is framed, moves in the interests of the service, without the consent of the head of the transferring unit.
  

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Art. 27 ^ 47 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 27 ^ 48 where fill the post vacant for that contest was held it is not possible for reasons pertaining solely to the person the candidate declared «admitted», the employment offer is made the candidate ranked the following place, in descending order of notes.
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Art. 27 ^ 48 was introduced by the pct, article 20. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Chapter III rights, duties and the restriction of the exercise of certain rights or freedoms of police section 1 Rights of Article 28 (1) the policeman has the right: (a) monthly salary), comprised of base salary, allowances, bonuses, prizes and bonuses whose amounts shall be determined by law. Salary includes base salary corresponding to the professional degree function satisfied, owned, gradations, rises for Permanent Mission and, where appropriate, compensation and salary merit;
  

b) AIDS and other pecuniary rights, whose amounts shall be determined by law;
  

c) uniform, specific equipment, allowances for food, medical and psychological assistance, as well as medicines free of charge, under the conditions laid down in the judgment of the Government;
  

d) housing, social service, or protocol, as appropriate, in accordance with the law;
  

e) sick leave, sick leave and paid leave, unpaid leave, subject to the conditions laid down in the judgment of the Government;
  

f) medical leaves: the case of disease, disease prevention, and strengthening health, accidents occurring during the service; maternity leave, child-care sick aged up to 3 years, child care up to the age of 2 years, as well as in other situations, under the conditions laid down by law;
  

g) flights, treatment and recovery, under the conditions laid down in the judgment of the Government;
  

h) pension, under conditions set by law;
  

I) installation allowances, removal of delegation or detachment, as well as reimbursement of accommodation, under conditions set by law;
  

j) reimbursement of transportation in case of movement in the interests of the service, and in other localities moved once a year for carrying out such leave, as well as in other situations, the conditions laid down by Decree of the Government;
  

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Lit. j) of paragraph 1. (1) of article 1. Amended 28 of point 23 of article. From the EMERGENCY ORDINANCE nr. 89 of 2 October 2003, published in Official Gazette No. 715 of 14 October 2003.

k) employment work in special conditions, or other working conditions, according to the law;
  

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Lit. k) of paragraph 1. (1) of article 1. Amended 28 of point 23 of article. From the EMERGENCY ORDINANCE nr. 89 of 2 October 2003, published in Official Gazette No. 715 of 14 October 2003.

l) port of the supplied weapons or purchased in accordance with the law;
  

m) damages insurance life, health and property, under the conditions laid down in the judgment of the Government;
  

— — — — — — — — — — —-Letter m) of para. (1) of article 1. 28 was amended by paragraph 2 of article 9. in EMERGENCY ORDINANCE No. 153 of 12 November 2008, published in MONITORUL OFICIAL nr. 769 of 17 November 2008.

n) medical treatment abroad for diseases contracted during exercise the profession, subject to the conditions laid down in the judgment of the Government;
  

a bearing unit) by the amounts needed to ensure legal assistance to police for acts committed in the exercise, according to the law, the job duties, under conditions laid down by order of the Minister of Internal Affairs;
  

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Lit. paragraphs 1 to 5). (1) of article 1. 28 was amended according to let. b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".

(2) personal Weaponry acquired after retirement is held on the basis of the permit obtained in accordance with the law.
  


Article 29 (1) in respect of his guards allowed isometric confer orders and medals, according to the law.
  

(2) in the case of interruption in police activity, while the policeman took the next activity will not be factored into the calculation of seniority in the police who are conferred the order or medal.
  

(3) the order of merit of Police Military decorations and honorary Army Service Mark retains all rights acquired before entry into force of this law.
  

— — — — — — — — — —-. (3) art. 29 was modified by paragraph 24 of article. From the EMERGENCY ORDINANCE nr. 89 of 2 October 2003, published in Official Gazette No. 715 of 14 October 2003.


Article 29 ^ 1 Repealed.
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Art. 29 ^ 1 was repealed by section 1 of article. in EMERGENCY ORDINANCE No. 102 of 16 November 2004, published in Official Gazette No. November 22, 2004, 1,083.


The conditions of article 30 concerning the retirement and pension rights of the police officers shall be established by law, within six months from the date of entry into force of this law.


Article 31 (1) the first function called in the Guard or moved in the interests of the service in a different locality than the one in which he has his normal residence and which has no private dwelling on that, neither he nor its spouse, in a situation where it will not be able to provide appropriate living space, is entitled to compensation for the rental of up to 50% of the basic salary.
  

— — — — — — — — — —-. (1) of article 1. 31 was amended by paragraph 2 of article 9. in EMERGENCY ORDINANCE No. 102 of 16 November 2004, published in Official Gazette No. November 22, 2004, 1,083.
(1 ^ 1) The first function called in the guard or moved in the interests of the service in the locality in which it is domiciled but does not hold private dwelling on that, neither he nor its spouse, in a situation where it will not be able to provide appropriate living space can receive monthly compensation for rent, referred to in paragraph 1. (1) in duly justified cases, based on the results of the survey conducted by the Social Committee established by order of the Minister of Internal Affairs, appropriated by the head of the unit in which the policeman, at the latter's request.
— — — — — — — — — —-. (1 ^ 1), art. 31 has been modified in accordance with subparagraph (a). b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".

(2) the husband or wife moved into the policeman moved/interests of the service to another location, which has been employed/employed and has ceased operations due to the move along with your husband or wife, shall be entitled to a monthly allowance of 50% of the base salary of the policeman, until a new appointment or until the supply of other gainful activities, but not more than 9 months.
  

(3) Repealed.
  

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Paragraphs 1 and 2. (3) art. 31 was repealed by paragraph 4 of art. in EMERGENCY ORDINANCE No. 102 of 16 November 2004, published in Official Gazette No. November 22, 2004, 1,083.

(4) monthly allowance referred to in paragraph 1. (2) benefit your husband or wife who, on the date of transfer of the policeman, was inscribed, in conditions/law, as unemployed, but only after expiry of the period of payment of unemployment benefit, established by law.
  

(5) the amount of the compensation referred to in paragraph 1. (1) and the conditions under which shall be established by decision of the Government on the proposal of the Minister of internal affairs.
  

— — — — — — — — — —-. (5) article. 31 has been modified in accordance with subparagraph (a). b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".


Article 32 (1) Policeman will be supported in building or buying, once during her career, has a personalty in the locality in which it has its registered office at unit of police who is employed, in accordance with the law.
  

(2) Repealed.
  

— — — — — — — — — — —-. (2) of article 9. 32 was repealed by article. 10 of law No. 562 of 7 December 2004, published in Official Gazette No. on 9 December 2004 1,169.

(3) the criteria and conditions laid down in paragraphs 1 and 2 support. (1) shall be determined by order of the Minister of internal affairs.
  

— — — — — — — — — —-. (3) art. 32 has been modified in accordance with subparagraph (a). b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".


Article 33 in the performance of job duties the policeman shall receive special protection under the law.


Article 33 ^ 1 (1) on request, the policeman wrapped in a degree of invalidity as a result of its injuries during or in connection with the performance of service duties can be maintained in the work functions of the COP in units of the Ministry of internal affairs.
  

(2) upon request, the person whose report service ceased, being a degree of invalidity as a result of injury during or in connection with the performance of job duties can be called, without examination times in functions of the COP in units of the Ministry of internal affairs.
  

(3) Maintaining or appointment to the positions of police officer according to para. (1) or (2) shall be made by order of the Minister of Internal Affairs, on a proposal from the Chief of the unit of which it is part, and thereafter was part of the Commission's opinion and medical expertise and appraisal of work capacity.
  

(4) the Board of medical expertise and capacity assessment finds if powers functions to be maintained, respectively called are compatible with physical affection date inability/psychic and can be met without the risk of a worse.
  

(5) the fields, conditions, and procedures concerning the maintenance or appointment to the positions of police officer according to para. (1) and (2) shall be determined by order of the Minister of Internal Affairs).
  

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Art. 33 ^ 1 was introduced by section 1 of article. From the EMERGENCY ORDINANCE nr. 66 of 26 June 2013, published in MONITORUL OFICIAL nr. 383 of 27 June 2013.


Article 34 the policeman shall be permitted free adequate safety equipment specific tasks it performs, and where, as a result of the completion of the job duties, has been degraded or destroyed clothing or other personal property, shall be entitled to appropriate compensation.


Article 35 family members enjoy free policeman, under the conditions laid down in the decision of the Government, of healthcare and drugs) within the health insurance system specific defence, public order, national security and judicial authority;
  

b) reimbursement of transport in the event of the transfer of the policeman in the interests of the service to another locality.
  


Within the meaning of article 36 of this law, the policeman's family includes your spouse, children and parents are in the maintenance of it.


Article 37 (1) dependent children of the deceased policeman or framed in a degree of disability due to injury during its times in connection with the performance of job duties can be enrolled, upon request, in educational institutions of Ministry of internal affairs.
  

(2) the dependent children of the deceased policeman or framed in a degree of disability due to injury during its times in connection with the exercise of powers by the service, and the latter's husband or wife may be appointed in the role of policeman of the time employed as contract staff, without examination or competition, in units of the Ministry of Internal Affairs, if they fulfil the conditions laid down by law.
  

(3) identification of the tool with a view to the appointment, i.e. commitment pursuant to paragraph 1. (2) shall be made taking into account the applicant's studies and the requirements of the post.
  

(4) by order of the Minister of Internal Affairs shall establish the conditions and procedure for applying the provisions of this article.)
  

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Art. 37 was amended by paragraph 2 of article 9. From the EMERGENCY ORDINANCE nr. 66 of 26 June 2013, published in MONITORUL OFICIAL nr. 383 of 27 June 2013.


Article 37 ^ 1 to the death of a policeman, the Interior Ministry granted his family or the person who has incurred costs of death, where appropriate, additional aid of death equal to three times his basic salary.
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Art. 37 ^ 1 has been modified in accordance with subparagraph (a). b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".


Article 38 (1) Policeman retired spouse entitled to free health care and medicines, within the system of health insurance specifically, public order defence, national security and judicial authority, and have access to rest homes, sanitariums, bases and other facilities for recreation and leisure, which belong to or are the MOAI.
  

(2) the retired Policeman and a spouse who have access to rest homes, sanitariums, bases and other facilities for recreation and leisure that belong to or are in the administration of the Ministry of Internal Affairs shall receive allowances determined by order of the Minister of internal affairs.
  

— — — — — — — — — —-. (2) of article 9. 38 has been amended in accordance with subparagraph (a). b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".
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Art. Amended 38 of point 47 of the art. From the EMERGENCY ORDINANCE nr. 89 of 2 October 2003, published in Official Gazette No. 715 of 14 October 2003, by replacing the name "Interior Ministry" as "Ministry of administration and Interior".


Article 39 (1) the duration of the work programme of the policeman is 8 hours per day and 5 days per week to be fixed so as to ensure continuity of service, police and rebuilding work capacity, as provided by law.
  

(2) the programme of work, organization and granting of weekly shall be determined by order of the Minister of Internal Affairs may, after consulting the National Police Corps.
  

— — — — — — — — — —-. (2) of article 9. 39 has been amended in accordance with subparagraph (a). b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".

(3) If the interests of the service so require, providing weekly rest days what are yours policeman may be postponed, in exceptional cases, a maximum of two times in one month.
  


Article 40 Policeman and members of his family are entitled to protection on the part of specialized structures of the State against violence or threats to which they might be subjected as a result of his duties or in connection therewith.


Section 2 of Article 41 police Duties the policeman is obliged: a) is loyal to the institution in which it participates, to respect the principles of the rule of law and to defend the values of democracy;
  

b) to demonstrate and respect for every person, especially towards vulnerable groups, to devote their professional activity to the fulfilment with competence, integrity, honesty and conscientiousness of the specific duties of service prescribed by law;
  

c) to improve continuously the level of professional training and General;
  

(d)) to be disciplined and to demonstrate professional and moral probity in overall activity;
  

(e)) to be respectful, fair and comely face of bosses, colleagues or subordinates;
  

f) assists colleagues in carrying out job duties;
  

g) to inform the head of the authority hierarchically in charge with respect to acts of corruption committed by other police officers, who took the knowledge;
  

h) through entire or behavior, to show worthy of consideration and the confidence required by the profession of policeman.
  


Article 42 the policeman is obliged:


a) professional secrecy and confidentiality of the data acquired during the activity, in accordance with the law, except in cases where the performance of tasks, needs justice or the law require the disclosure thereof;
  

b) to manifest personal rectitude in solving problems, so as not to benefit, nor to leave the impression that benefit from confidential data obtained in official quality to;
  

c) to ensure correct information to citizens on public affairs and matters of personal interest, according to the powers legally established;
  

d) to have a correct conduct, should not abuse the official quality and does not compromise the public private times to the prestige of the tool or the institution in which it participates.
  

e) to immediately inform the human resource structure of the unit in which the part about acquiring quality defendant or defendant procedural and penal procedural measures ordered against criminal judgements handed down times to.
  

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Lit. s) art. 42 was introduced by point 3 of article 1. in EMERGENCY ORDINANCE No. 153 of 12 November 2008, published in MONITORUL OFICIAL nr. 769 of 17 November 2008.


Article 43 the policeman is forbidden under any circumstance: a) to receive, solicit, accept, directly or indirectly, or to make the promise, to himself or to others, in consideration of the quality of its formal, gifts or other advantages;
  

b) to resolve requests that are not within its competence, or who have not been distributed by the hierarchical superiors or heads to intervene to resolve such claims, for the purposes referred to in subparagraph (a). a);
  

c) to use force, otherwise than in accordance with the law;
  

d) to cause a person's physical suffering psychiatric times in order to obtain from that person or a third person information or a confession, to punish for an act which he or a third person she has committed or is suspected that she has committed, to intimidate or pressure her to a third person;
  

e) collect money from individuals or legal entities;
  

f) to make, print, or broadcast material or political publications, immoral or that instigates the indiscipline;
  

g) have, either directly or through intermediaries, in an establishment inspected by the police unit that is part of nature, interests to compromise its impartiality and independence.
  


Article 44 (1) Police Service has permanent and binding.
  

(2) the policeman is obliged to submit the work schedule set, and in addition thereto, in duly justified circumstances, for the performance of job duties, with compensation for time worked, according to the law.
  

(3) In situations of disaster, major disturbances or nomad of public order and peace or other such events the policeman is obliged to present themselves without delay to the police.
  

(4) The imposition of a State of emergency or State of siege or in case of mobilization and war policeman will act according to the law.
  

(5) in the event of any of the circumstances referred to in paragraph 1. (3) and (4) the policeman who was in another locality will be presented to the nearest unit of the Ministry of Internal Affairs, informing his superiors about it.
  

— — — — — — — — — —-. (5) article. 44 has been modified in accordance with subparagraph (a). b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".


Section 3 of the restriction of the exercise of certain rights and freedoms in article 45 (1) the police shall be prohibited: (a)) to be part of political parties, political organizations or parties to carry on propaganda in their favor;
  

b) to express opinions or political preferences in the workplace or in public;
  

c) to run for local public administration authorities, Parliament and to the President of Romania;
  

d) to express opinions contrary to the interests of the public in Romania;
  

e) declare or participate in strikes, rallies, and at demonstrations, processions or any other assemblies with a political character;
  

f) to join the sect, religious organizations or other organizations prohibited by law;
  

g) to carry out, either directly or through the person's status, trade or participate in managing or directing certain companies, with the exception of a shareholder;
  

h) to engage in profit-making activities likely to insult the honor and dignity of the police or of the institution;
  

I) hold any other public office or private which is a salary, except for teaching positions in educational institutions, the activities of scientific research and literary and artistic creation.
  

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Lit. I) of paragraph 1. (1) of article 1. 45 amended by point 27 of article. From the EMERGENCY ORDINANCE nr. 89 of 2 October 2003, published in Official Gazette No. 715 of 14 October 2003.

(2) a public Officer may be referred to only in the conditions laid down by order of the Minister of Internal Affairs, information and data obtained in the performance of job duties or make comments on such data and information, whether via is not violated the principle of presumption of innocence of the times are not guaranteed the right to his own image, dignity, family life private times whether or not the injured person is the completion of the prosecution in a case under trial research.
  

— — — — — — — — — —-. (2) of article 9. 45 has been modified in accordance with subparagraph (a). b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".

(3) data and information classified under the law are obtained by a policeman in the exercise of professional duties may not be made public for a period of 5 years following the termination of his service, if the law does not stipulate otherwise.
  


Article 46 Repealed.
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Art. 46 has been repealed by article item 21. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 47 Repealed.
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Art. 47 was repealed by article item 21. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 48 (1) Cops may be associated and may create associations with nature, humanitarian, scientific and technical, cultural, religious and sports-recreational, without prejudice to the fulfilment of their duties and powers.
  

(2) the period during which service ratios of police officers are suspended under the provisions of art. 27 ^ 25 lit. c) constitute the service. For this period the functions of the leading syndicates is tantamount to the functions set out in the legislation to pay for the guards, with a view to opening up the pension rights as a policeman.
  

— — — — — — — — —-. (2) of article 9. Amended 48 of point 22 of article. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.

(3) Equivalence pursuant to paragraph 1 functions. (2) shall be made by order of the Minister of Internal Affairs, on the proposal of the trade union organization and the Ministry of labour, family and social protection of older people.
  

— — — — — — — — — —-. (3) art. 48 has been modified in accordance with subparagraph (a). b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".


Section 4 of the National Police Corps Article 49 (1), is hereby established the National Police Corps, as a legal person governed by public law, hereinafter referred to as the body, with headquarters in Bucharest, representing the shape of a professional organization's criteria, non-political and non-profit, autonomous police.
  

(2) the body promotes the interests of police officers and their rights campaigners.
  

(3) the Organization and operation of the body is carried out on principles of territoriality, the eligibility, mutualităţii and hierarchy structures.
  

(4) the managing bodies and body control are: a) National Congress;
  

(b) the National Council);
  

(c) Directorate General of) the Council of Bucharest City Police, County Police inspectorates councils and councils educational institutions of Ministry of Internal Affairs and territorial;
  

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Lit. c) of paragraph 2. (4) article. 49 amended according to let. b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".

d) censors.
  

(5) the governing bodies of the body will be chosen from 4 in 4 years and will represent, proportionately, all policemen. During his mandate, police elected governing bodies will be detached, under the conditions fixed by order of the Minister of internal affairs.
  

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Paragraphs 1 and 2. (5) article. 49 has been modified in accordance with subparagraph (a). b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".


Article 50 Through its leading Body performs the following duties: a) undertake measures to ensure the moral and professional integrity of police officers, and an effective activities;
  

b) advises the drafting proposals for regulations which pertain to the work of the police or to the police;
  

c) repealed;
  

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Lit. c) art. 50 pct has been repealed by article 31. From the EMERGENCY ORDINANCE nr. 89 of 2 October 2003, published in Official Gazette No. 715 of 14 October 2003.

d) on request, represent the interests of police officers against whom disciplinary penalties were ordered;
  

e) participate in the drafting of the code of ethics and deontology of the policeman, whose provisions are binding in the exercise of the profession of policeman;
  

f) repealed;
  

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Lit. f) art. 50 pct has been repealed by article 31. From the EMERGENCY ORDINANCE nr. 89 of 2 October 2003, published in Official Gazette No. 715 of 14 October 2003.

g) represents the profession of policeman, together with the General Inspectorate of police dealings with governmental bodies, professional and scientific bodies, public institutions, and other legal and physical persons;
  

h) promote external relations with similar organizations and professional bodies;
  

you and I) keep updated records of its members.
  


Article 51 (1) the revenue Body shall consist of: (a) registration fee), monthly contributions of members, other income from cultural and scientific events, sports and editorial duties;
  

b) resources from the State budget to local budgets and/or;
  

c) donations and sponsorships from individuals or legal entities in the country or abroad, in accordance with the law and the rules laid down by the Minister of Internal Affairs;
  

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Lit. c) of paragraph 2. (1) of article 1. 51 was amended according to let. b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".

d) rents, interest and any other legal sources.
  

(2) the boards referred to in article 1. 49 para. (4) (a). c) turns the body regularly an aliquot portion of the revenue collected under the conditions laid down by regulation.
  

(3) money Funds obtained under the conditions of paragraph 1. (1) can be used for the improvement of vocational training, the granting of scholarships and aid, creating institutions with scientific purpose, investment-related equipment with appropriate means, administrativgospodăreşti Body activities, legal assistance to members, purchase and administration of hotels, rest homes and clubs of the police officers and Fund for salaries of administrative and technical apparatus intended.
  


Article 52 the mode of organisation and functioning of the body shall be established under this law, by rules of organization and operation approved by decision of the Government.


Chapter IV Rewards and sanctions, legal liability section 1 Article 53 Rewards For outstanding contributions to the defence of public order, the rights and freedoms of citizens and prevent antisocial deeds, the police can bestow decorations, according to the law.


Article 54 (1) Policeman can be rewarded through: a disciplining a lifting sanctions) applied in a situation where it is particularly in the work undertaken;
  

b) thanks by individually brought to their attention, or for personnel in order to meet the conditions of the job duties and tasks;
  

c) oral or written greeting cards, brought to their attention or personnel, for the performance of the particular job duties and tasks;
  

d) cash prizes or items, when it was revealed by delivering results in activity;
  

Honorary insignia, e) diplomas of merit and distinction, to obtain very good results on completion of courses or at sports competitions, on the occasion of anniversaries, events cultural and artistic and social times of the completion of the action/missions, as well as in the event of termination for reasons not attributable to service;
  

f) weapons or firearms, for acts of heroism, courage, devotion and for special merits in the fulfilment of tasks and missions;
  

g) titles of honour, for acts of heroism, courage, devotion and for special merits in the fulfilment of tasks and missions;
  

h) inclusion of an Honorary Board of professional grade, name and surname, on completion of the training period in an educational institution of the Ministry of Internal Affairs, as valedictorian.
  

— — — — — — — — —-. (1) of article 1. 54 was amended by section 1 of article. 1 of law No. 81 of 17 April 2015, published in MONITORUL OFICIAL nr. 266 of 21 April 2015.
(1 ^ 1) Rewards provided for in paragraph 1. (1) shall be granted to persons who have the power of appointment to the police or, where appropriate, by the heads of senior hierarchical persons mentioned, which have competence for the management of human resources.
— — — — — — — — —-. (1 ^ 1), art. 54 was introduced by section 2 of art. 1 of law No. 81 of 17 April 2015, published in MONITORUL OFICIAL nr. 266 of 21 April 2015.
(1 ^ 2) For a disciplinary penalty has been ordered by the head upwards, the reward mentioned in paragraph 1. (1) (a). to give all of themselves), at the recommendation of the Chief of the unit that operates the policeman punished. If the policeman moved to another unit, the reward is granted by the head of fulfilling a similar function of the applied disciplinary sanction.
— — — — — — — — —-. (1 ^ 2) of art. 54 was introduced by section 2 of art. 1 of law No. 81 of 17 April 2015, published in MONITORUL OFICIAL nr. 266 of 21 April 2015.
(1 ^ 3) In the case of the police under the effect of a disciplinary sanction, the reward mentioned in paragraph 1. (1) (a). priority is granted to), in relation to other rewards.
— — — — — — — — —-. (1 ^ 3) of art. 54 was introduced by section 2 of art. 1 of law No. 81 of 17 April 2015, published in MONITORUL OFICIAL nr. 266 of 21 April 2015.

(2) For exceptional merits in the achievement of objectives in the work of the police, the policeman may be promoted to the next grade, before the completion of the professional internship, under the conditions fixed by order of the Minister of internal affairs.
  

— — — — — — — — — —-. (2) of article 9. 54 amended according to let. b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".

(3) Repealed.
  

— — — — — — — — — — —-. (3) art. 54 was repealed with effect from 1 January 2012, point 2 of article 2. VIII of the EMERGENCY ORDINANCE nr. 71 of 31 august 2011, published in MONITORUL OFICIAL nr. 637 on September 6, 2011.


Section 2 of the legal liability and sanctions Article 55 that the policeman with guilt, of their duties committed disciplinary, material liability, civil or criminal, as appropriate.


Article 56 Is absolved of any liability by exercising policeman who, within the limits of the law, the job duties, causing suffering or injury to persons or damage to their heritage brought.


Article 57 disciplinary Constitute, if they were not committed in such circumstances that, according to the criminal law, be considered offences, the following facts committed by a policeman, committed with guilt: the inappropriate behavior in) service, family or in the society, which diminishes the honor, uprightness of the policeman or the prestige of the institution;
  

b) manifested in negligence or duties of Chiefs received from hierarchical superiors or authorities specifically empowered by law;
  

c) undue delay in resolving the repeated or works;
  

d) overcoming job duties caring lack in dealing with citizens;
  

(e) absence without leave) the repeated delay of the times;
  

f) producing material damage the unit or heritage Ministry of Internal Affairs;
  

-----------
Lit. f) art. 57 was modified in accordance with subparagraph (a). b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".

g) violation of privacy activities;
  

h) violation of the oath of faith;
  

I illegal interference in their activity) of another policeman;
  

j) intervention to influence the resolution of applications relating to the interests of any person.
  

k) regarding the violation of duties, conflicts of interest, incompatibilities and prohibitions laid down by law.
  

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Lit. k) article. 57 was introduced by the pct, article 32. From the EMERGENCY ORDINANCE nr. 89 of 2 October 2003, published in Official Gazette No. 715 of 14 October 2003.


Article 58


(1) disciplinary Penalties that can be applied to policemen are: a) written reprimand;
  

b) decreasing the salary of with 5-20% for a period of 1-3 months;
  

(c) delaying promotion) professional degrees or higher positions over a period of 1-3 years;
  

d) switching in a lower function up to a maximum level of professional grade owned;
  

e) dismissal from the police.
  

(2) a written Rebuke lies in reproşul, the official in writing, addressed to the policeman guilty.
  

(3) the percentage and time period for the applicable sanction as referred to in paragraph 1. (1) (a). b) shall be determined by the administrative act of sanctioning.
  

(4) the application of the sanctions provided for in paragraph 1. (1) (a). c) ordering either with regard to the postponement of promotion in professional degrees, either with regard to the postponement of promotion in higher functions. In case of postponement of promotion in higher professional degrees, the time of execution of the penalty run from the date of application of the administrative sanctions Act and the suspension flow in degree.
  

(5) the passage in a lower function up to a maximum level of professional degree held is performed by removal from the position held and the appointment of the policeman in a position inferior to that which it occupies, up to the level of professional degree held. If the policeman who occupies a managerial post, naming can be done in a lower driving function for satisfying the conditions of employment.
  

(6) the proposal from police lies in termination of service.
  

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Art. 58 was modified by section 3 of article 9. 1 of law No. 81 of 17 April 2015, published in MONITORUL OFICIAL nr. 266 of 21 April 2015.


Article 58 ^ 1 to prevent the Commission of disciplinary, the person referred to in art. 59 paragraph 1. (2) may provide warning to the police. In this case, the measure shall be ordered in writing has preventive and administrative in nature does not produce consequences for ratio.
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Art. 58 ^ 1 was introduced by paragraph 4 of art. 1 of law No. 81 of 17 April 2015, published in MONITORUL OFICIAL nr. 266 of 21 April 2015.


Article 58 Disciplinary Procedure ^ 2 is based on the following principles: a) presumption of innocence-policeman sought is considered innocent for the deed to be seised as misconduct so long as his guilt has not been proven;
  

b) guaranteeing the right to defence-recognizes the right of the police to formulate and to bolster defenses in its favour, to present evidence and the reasons for which it considers necessary in its defence and to be assisted;
  

c) speed-case procedure without delay, deciding with respect for the rights of the persons concerned and of the rules laid down by law;
  

contradictorialitatea-d) ensure the possibility for persons on divergent positions to express themselves with regard to any act or fact which is related to the disciplinary hearing has been violated;
  

e) proportionality-providing a correct ratio between the seriousness of the irregularity, the circumstances of its disciplinary Commission disciplinary sanction proposed;
  

f) penalty-for uniqueness misconduct cannot be applied to more than one disciplinary sanction;
  

g) the legality of disciplinary sanction-sanction can only be one of the disciplinary penalties referred to in article 1. 58 para. (1).
  

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Art. 58 ^ 2 was introduced by paragraph 4 of art. 1 of law No. 81 of 17 April 2015, published in MONITORUL OFICIAL nr. 266 of 21 April 2015.


Article 58 ^ 3 (1) Disciplinary Proceedings shall not be public.
  

(2) the summoning and hearing the police investigated, lodgement/its reports by and contention are recorded. Disciplinary proceedings shall continue if the policeman, unjustifiably fails to comply with the procedural citation.
  

(3) the policeman has the right to know the researched entirely acts research and to ask the administration of evidence in defence. The policeman being investigated is entitled to submit any documents in his defense of the evidence held including expert reports out of court.
  

(4) the policeman to be investigated is entitled, upon request, assisted by another policeman, chosen by him or appointed by the trade union organization, with times compliance with legal provisions relating to the protection of classified information. Failure to comply with conditions on access to classified police information failure times elected/appointed shall not constitute grounds for postponing the proceedings of disciplinary research.
  

(5) are not entitled to attend the policeman, according to paragraph 1 shall be investigated. (4) the following persons: a) unit or its legal predecessor, while fulfilling the duties of the holder;
  

(b) designated to carry out Guard) research;
  

c) policemen belonging to the collective; 62. ^ (1);
  

d) policeman who fulfills the duties of the legal adviser in the Ministry of internal affairs units.
  

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Art. 58 ^ 3 was introduced by paragraph 4 of art. 1 of law No. 81 of 17 April 2015, published in MONITORUL OFICIAL nr. 266 of 21 April 2015.


Article 58 ^ 4 are established and disciplinary Sanctions shall have only after prior research and in consultation with the Board of discipline, hereinafter referred to as the Council, with the exception of the sanctions provided for in article 10. 58 para. (1) (a). the a and b)), which can be applied without consulting the Council.
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Art. 58 ^ 4 was introduced by paragraph 4 of art. 1 of law No. 81 of 17 April 2015, published in MONITORUL OFICIAL nr. 266 of 21 April 2015.


Article 59 (1) preliminary Research aims to establish the existence of the offence and the lack of disciplinary/of guilt, with respect to matters known or seized, the causes and circumstances of the concrete as they occurred.
  

(2) prior Research may dispose of the person who, in any form whatever, became aware of one or more facts that could constitute disciplinary, where applicable, as follows: a) applicants has the power of appointment to the police investigated or hierarchically superior unit;
  

b) unit or educational institution of the Ministry of Internal Affairs to which the policeman is delegated or transferred or what classes or exams for career;
  

c) subordinate Chief the Interior Ministry institution which exercises powers of coordination and control methodology of Community public services or the Interior Minister, for public services within the police community or seconded to these services.
  

(3) preliminary Research is conducted at the unit level, led by the person who ordered it, the deadlines referred to in article 1. 60 para. (1) police officers specifically designated within it.
  

(4) Police appointed with prior research is nominated only from among guards in capacity of criminal investigation or judicial police who studies legal and, as a rule, are at least equal in rank or according with the policeman examined. Cannot perform preliminary research policeman who performs duties of the legal adviser in the in which operate the policeman or the one who sought to inform thereafter for legality, administrative sanction Act.
  

(5) an administrative act by which the prior research investigated the policeman is nominated, the policeman who will carry out the investigation and, where appropriate, a police officer assigned to help in making it.
  

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Art. 59 was amended by section 5 of art. 1 of law No. 81 of 17 April 2015, published in MONITORUL OFICIAL nr. 266 of 21 April 2015.


Article 59 ^ 1 (1) where under the conduct of prior research are identified, disciplinary, and other person arranged for prior research may provide extension of their research.
  

(2) on completion of the checks, the designated officer shall draw up a draft statement of prior research. A photocopy of the project shall be handed to the police investigated and, where appropriate, in the event that the document contains classified information, shall be brought to the attention of its receipt.
  

(3) this occasion, within 3 working days from the date of delivery of the document or, where appropriate, from the date of bringing to their attention, according to para. (2), policeman sought may make objections and request new evidence in defence. The result of the analysis and, where appropriate, checks shall be recorded in the report of the research project.
  

(4) within two working days of the date of completion of the report on the conditions of paragraph 1. (3) a photocopy thereof shall be given to the police investigated and, where appropriate, in the event that the document contains classified information, shall be brought to the attention of its receipt.
  

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Art. 59 ^ 1 was introduced by paragraph 6 of article 19. 1 of law No. 81 of 17 April 2015, published in MONITORUL OFICIAL nr. 266 of 21 April 2015.


Article 59 ^ 2 research report prior necessarily includes: a) the number of administrative act by which it was designated with prior research;
  

b) description of the scene and seized the people involved;
  

(c) the procedures and arrangements for);
  

d) findings concerning the existence or inexistence of guilt seized on aspects and police investigated;
  

e) legal provisions violated legal and COP the facts detained, with details of the evidence and the evidence on which it is based;
  

f) reasons relating to rejection or evidence submitted in defense of the guard probed;
  


g) causes and conditions that led to the perpetration of the violation and favored;
  

h) other data elements deemed necessary.
  

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Art. 59 ^ 2 was introduced by paragraph 6 of article 19. 1 of law No. 81 of 17 April 2015, published in MONITORUL OFICIAL nr. 266 of 21 April 2015.


Article 59 ^ 3 after making the preliminary research, the preliminary research is presented to the person who ordered it, which may take one of the following measures: a) ranking, if not the deed, the finding of innocence to the police investigated, the prescription of the offence or in the event of termination of service of the police investigated;
  

b the dossier) refund for completing the prior research;
  

c) application measure referred to in art. 58 ^ 1 or, as appropriate, disciplinary sanctions of the type referred to in article 1. 58 para. (1) (a). the a and b));
  

d) referral and consultation with the Council.
  

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Art. 59 ^ 3 was introduced by paragraph 6 of article 19. 1 of law No. 81 of 17 April 2015, published in MONITORUL OFICIAL nr. 266 of 21 April 2015.


Article 59 ^ 4 Corps officers Reports for the Minister's control or the control structures of general inspectorates/similar to subordinated structures, drawn up in the wake of the inspection activities, constitutes a preliminary research reports, if the requirements for prior research under this law have been met.
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Art. 59 ^ 4 was introduced by paragraph 6 of article 19. 1 of law No. 81 of 17 April 2015, published in MONITORUL OFICIAL nr. 266 of 21 April 2015.


Article 60 (1) disciplinary Sanctions shall not later than 6 months after the date on which the person referred to in art. 59 paragraph 1. (2) has knowledge about committing the offence, but no later than one year from the date of that publication. The term is 6 months limitation period and the term of a year is a period of decay.
  

(2) the period of 6 months for the disposition of disciplinary sanction shall be suspended, in law, and in the following situations: a) from the date of referral in accordance with the law, to the bodies of criminal prosecution and up to the date of the definitive settlement of the case, if the deed constituting the misconduct was willing to refer to criminal investigation bodies;
  

b) from the date on which the policeman is in sick leave or paid leave, according to the law, is sent on missions or the date of suspension of service and up to the date of resuming the activity or, where appropriate, the conclusion of the mission.
  

(3) in the event that prior research is carried out for infringements committed by several policemen, and for one/some of these occurred one of the situations referred to in paragraph 1. (2) it can cause disjunge of the disciplinary procedure to continue for the rest of the cops.
  

(4) in determining the sanction shall take account of the work done previously by the circumstances in which disciplinary deviation was perpetrated, causes, gravity and the consequences thereof, the degree of guilt of the policeman, and concern for the relief of the offence committed.
  

(5) disciplinary Penalties at their disposal through administrative action of the person referred to in art. 59 paragraph 1. (2) arranged for prior research or control.
  

(6) the Administrative Act issued in the conditions of paragraph 1. (5) must include: a a description of the crime scene) which constitutes misconduct and legal;
  

(b) specification of the legal provisions violated) by the COP;
  

c) the reasons for which were removed defence as formulated;
  

disciplinary sanction and d) legal basis under which it is applied and, if appropriate, the reason for which it has been applied to another disciplinary penalty than that proposed by the Council;
  

(e) the period within which the sanction) disciplinary action may be challenged and the person competent to hear and determine the appeal, pursuant to article. 61, where appropriate;
  

(f) the competent court) can be contested administrative act which has ordered disciplinary sanction;
  

g) other data elements deemed necessary.
  

(7) the Administrative Act ordering sanctioning police issued no later than 30 days after the completion of disciplinary research.
  

(8) In case of dismissal or disciplinary sanction, police intervenes, as from the date of final administrative act whether the sanction, under art. 61, and is found through the administrative act of the person who has the power to grant professional degrees, according to art. 15.---------- 60 was amended by point 7 of article. 1 of law No. 81 of 17 April 2015, published in MONITORUL OFICIAL nr. 266 of 21 April 2015.


Article 61 (1) Policeman can challenge disciplinary sanction, within 10 working days of the date of the decision, the head of the hierarchically superior unit.
  

(2) the head of the hierarchically superior unit referred to in paragraph 1. (1) to pronounce by reasoned decision within 20 days after the date of registration of the appeal. Reasoned decision shall be communicated to the police disciplinary punishments within two working days of the date of issue thereof.
  

(3) the effects of the sanctions will be suspended until the disciplinary issue a reasoned decision to resolve the appeal.
  

(4) where the policeman sanctioned in the disciplinary opposition does not make the term referred to in paragraph 1. (1) administrative sanction, the Act takes effect on the date of expiry of this term.
  

(5) where the notice of opposition has been filed, the Chief disciplinary sanction applied shall forward it promptly to the Chief of hierarchically superior unit the dossier of the case and a reasoned report relating to the penalty in question and of the reasons for rejection/acceptance of the proposal of the opposition.
  

(6) by reasoned decision, hierarchically superior unit may provide, where appropriate: a) rejection as belatedly introduced or as unfounded and that the sanctions applied;
  

b) admission and applying a penalty appeal by milder than that effected by the contested administrative act or measure referred to in article 1. 58 ^ 1, where it considers that the purpose of the disciplinary liability can be reached as follows:
  

c) admission of the opposition and cancellation of administrative sanction.
  

(7) decision motivated shall contain at least the following: a description of the deed constituting) misconduct;
  

(b) specification of the legal provisions violated) by the COP;
  

c) analysis of the contention the COP presented the opposition;
  

d) under which law applies to disciplinary sanction;
  

e) reason for admission or rejection of appeal with respect to the sanction.
  

(8) the policeman with the sanction may apply to the Administrative Court, in accordance with the law, without the prior completion of the procedure.
  

(9) where the penalty has been ordered by the Interior Minister, so far as it disputes according to the law on administrative courts no. 554/2004, as amended and supplemented.
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Art. 61 was amended by section 8 of article. 1 of law No. 81 of 17 April 2015, published in MONITORUL OFICIAL nr. 266 of 21 April 2015.


Article 62 (1) the Council shall be constituted and operate at the level of the central apparatus of the Ministry of Internal Affairs and the General Directorates/divisions within it, to the general inspectorates of the other structures subordinated to the Ministry of Internal Affairs and the structures subordinate to them.
  

(2) the Council is a body of legal and professional analysis of the irregularities committed by police officers and how they were investigated, to be consulted by the persons referred to in art. 59 paragraph 1. (2) and (3) the persons referred to in art. 59 paragraph 1. (2) referral and consultation have the Council forwarded the dossier prior research by care human resources structure of the unit.
  

(4) Council Debates shall be recorded in minutes of the session, and the conclusions and proposals be recorded in closing.
  

(5) the conclusion of the Council must include the following: a) the number and date of registration of the prior research report, the resolution of the person referred to in art. 59 paragraph 1. (2) on the referral and consultation Council;
  

(b) administrative document number) by which the Council was established, the unit works and its composition, as well as, where appropriate, changes in composition by replacing some members;
  

c) degree, first and last name and function of the policeman whose deed was researched and the unit;
  

d) brief scene and seized on the circumstances under which it was committed;
  

e) data and information concerning the procedure followed;
  

f) evaluation of evidence administered;
  

g) other data elements deemed necessary;
  

h) proposal;
  

I) motivation of the proposal;
  

j) professional grade, name, surname and signature of the President, other members of the Council, and the Secretary;
  

k) date of conclusion.
  

(6) the Council may propose: a) ranking, in case of the lack of finding the facts researched, innocence, police probed the fulfilment of limitation of liability, as well as in the event of termination of service of the police investigated;
  

b) to apply the measure laid down in article 21. 58 ^ 1;
  

c) one of the penalties provided for in article 10. 58 para. (1).
  


(7) the Council conclusions regarding the existence/absence of disciplinary offence and the guilt/innocence police probed are mandatory for persons referred to in art. 59 paragraph 1. (2), and the proposal regarding the disciplinary sanction, or on the application of the measure referred to in article 1. 58 ^ 1 has an advisory character.
  

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Art. Amended 62 of point 9 of article. 1 of law No. 81 of 17 April 2015, published in MONITORUL OFICIAL nr. 266 of 21 April 2015.


Article 62 ^ 1 in the case of some serious disciplinary which affect the image and credibility of the institution, as well as the profession of policeman, prior research and consultation of discipline councils shall have and shall be carried out immediately after becoming aware of the offence.
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Art. 62 ^ 1 was introduced by point 7 of article. in EMERGENCY ORDINANCE No. 102 of 16 November 2004, published in Official Gazette No. November 22, 2004, 1,083.


Article 62 ^ 2 as a result of analysis of the case in the Council, persons referred to in art. 59 paragraph 1. (2) may take one of the following measures: a) ranking, in case of the lack of finding the facts researched, innocence, police probed the fulfilment of limitation of liability, as well as in the event of termination of service of the police investigated;
  

b the dossier) refund to the same Council for completion of disciplinary research;
  

c) application measure referred to in art. 58 ^ 1 or, where appropriate, to impose a sanction of those referred to in article 1. 58 para. (1).
  

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Art. 62 ^ 2 was introduced by paragraph 10 of article 10. 1 of law No. 81 of 17 April 2015, published in MONITORUL OFICIAL nr. 266 of 21 April 2015.


Article 62 (1) ^ 3-level structures. 62 para. (1) except for general directions/directions within the central apparatus of the Ministry of Internal Affairs, is established through administrative Chief, a team of police officers, how many maximum 5 in each existing within their specialty, finish, appreciate the moral integrity, professional competence and credibility, hereinafter collectively.
  

(2) the members of the staff shall be appointed for a period of 3 years, with possibility of renewed once.
  

(3) the members of the team participating in a training program regarding the disciplinary procedure, organized by the human resources structures.
  

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Art. 62 ^ 3 was introduced by paragraph 10 of article 10. 1 of law No. 81 of 17 April 2015, published in MONITORUL OFICIAL nr. 266 of 21 April 2015.


Article 62 ^ 4 (1) for the establishment of the Council, at the level of the structures provided for in article. 62 para. (1) the administrative act. 59 paragraph 1. (2) three members are nominated, of the police who are part of the collective, and a Secretary of the human resources structure. The Council is called for each case and comprise 3 members, one of whom is appointed President, and a Secretary.
  

(2) In cases the targets may be replacing one or has some Board members with other members within the team.
  

(3) the appointment of members of the Board shall ensure that one of they have researched and speciality of at least one of the members to be the Bachelor of law. The two conditions can be satisfied by the same Member.
  

(4) cannot be nominated members of the police who have the status of legal counsel, find yourself in the position of button above the administrative sanction act thereafter.
  

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Art. 62 ^ 4 was introduced by paragraph 10 of article 10. 1 of law No. 81 of 17 April 2015, published in MONITORUL OFICIAL nr. 266 of 21 April 2015.


Article 62 ^ 5 where, in the course of disciplinary research, there exists reasonable suspicion with respect to committing crimes, the policeman assigned to carry out preliminary research or, where appropriate, members of the Board shall draw up a report about the circumstances, with a view to referral to the competent organs of prosecution, pursuant to article. 61 of Act No. 135/2010 regarding the criminal procedure code, with subsequent amendments and additions. In this case, the disciplinary procedure for such acts shall be suspended until a final settlement of the criminal case.
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Art. 62 ^ 5 was introduced by paragraph 10 of article 10. 1 of law No. 81 of 17 April 2015, published in MONITORUL OFICIAL nr. 266 of 21 April 2015.


Article 62 ^ 6 (1) within the period of disciplinary research, the policeman could not be moved, seconded, empowered delegate, on a managerial post in another unit and cannot be sent to international missions.
  

(2) Notwithstanding the provisions of paragraphs 1 and 2 of the. (1) it can be researched policeman moved in a situation in which, following the reorganization of the unit, part of it is no longer found in the State of organization.
  

(3) the transfer under the condition of policeman Abdel. (2) does not affect disciplinary proceedings triggered towards it.
  

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Art. 62 ^ 6 was introduced by paragraph 10 of article 10. 1 of law No. 81 of 17 April 2015, published in MONITORUL OFICIAL nr. 266 of 21 April 2015.


Article 62 ^ 7 Guard is under the effect of a disciplinary sanctions, as follows: a) 6 months after application, for disciplinary sanction laid down in art. 58 para. (1) (a). a);
  

b) one year after the expiry of the period for which disciplinary sanctions were applied. 58 para. (1) (a). b) and (c)) and to apply the penalty laid down in article 21. 58 para. (1) (a). d);
  

c) 7 years from the date of application of the sanctions provided for in art. 58 para. (1) (a). e).
  

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Art. 62 ^ 7 was introduced by paragraph 10 of article 10. 1 of law No. 81 of 17 April 2015, published in MONITORUL OFICIAL nr. 266 of 21 April 2015.


Article 62 rules ^ 8 implementation of the provisions of this chapter relating to rewards and disciplinary liability, shall be determined by decision of the Government).
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Art. 62 ^ 8 was introduced by paragraph 10 of article 10. 1 of law No. 81 of 17 April 2015, published in MONITORUL OFICIAL nr. 266 of 21 April 2015.


Article 63 (1) the policeman responsible for the damage caused to the unit's heritage, under the laws applicable to the civilian personnel of the Ministry of internal affairs.
  

— — — — — — — — — —-. (1) article. 63 was modified in accordance with subparagraph (a). b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".

(2) the policeman is not responsible for any damage caused to the unit's heritage if they are the consequence of an action carried out within the limits of the law.
  


Article 64 Repealed.
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Art. 64 was repealed by article. V of law No. 281 of 24 June 2003, published in Official Gazette No. 468 of 1 July 2003.


Article 65 Repealed.
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Art. 65 pct was repealed by article 23. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Chapter V termination of service of the police officers — — — — — — — — — — — the title Head. V has been modified, article, item 38. From the EMERGENCY ORDINANCE nr. 89 of 2 October 2003, published in Official Gazette No. 715 of 14 October 2003.


Article 66 (1) stability of the policeman in the workplace is guaranteed under the present law.
  

(2) the report of the police shall be incurred with the first professional degree.
  


Article 67 be repealed.
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Art. 67 was repealed by article item 39. From the EMERGENCY ORDINANCE nr. 89 of 2 October 2003, published in Official Gazette No. 715 of 14 October 2003.


Article 68 Repealed.
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Art. 68 was repealed by article item 39. From the EMERGENCY ORDINANCE nr. 89 of 2 October 2003, published in Official Gazette No. 715 of 14 October 2003.


Article 69 (1) termination of service of the police ordering appropriately by the persons under art. 15, have jurisdiction to grant professional degrees and takes place: a) the age and other conditions necessary for retirement in the public pension system for institutions in the field of national defence, public order and national security;
  

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Lit. of paragraphs 1 to 5). (1) of article 1. 69 was amended by section 1 of article. in EMERGENCY ORDINANCE No. 107 of 30 November 2011, published in MONITORUL OFICIAL nr. 861 of 7 December 2011.

b) loss of work capacity, according to the law, except where there was retention pursuant to article. 33 ^ 1;
  

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Lit. b) of paragraph 2. (1) of article 1. 69 amended by point 3 of article 1. From the EMERGENCY ORDINANCE nr. 66 of 26 June 2013, published in MONITORUL OFICIAL nr. 383 of 27 June 2013.

c) age limit upon the professional degree;
  

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Lit. c) of paragraph 2. (1) of article 1. 69 amended by point 9 of article. in accordance with law No. 101 of 7 April 2004, published in Official Gazette No. 346 of 20 April 2004, amending article item 40. From the EMERGENCY ORDINANCE nr. 89 of 2 October 2003, published in Official Gazette No. 715 of 14 October 2003.

d);
  

e) appointing another public office;
  

f) by resignation;
  

g) to relief from the police;
  

h) granting the word unsatisfactory, twice;
  

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Lit. h) of paragraph 1. (1) of article 1. 69 amended by point 9 of article. in accordance with law No. 101 of 7 April 2004, published in Official Gazette No. 346 of 20 April 2004, amending article item 40. From the EMERGENCY ORDINANCE nr. 89 of 2 October 2003, published in Official Gazette No. 715 of 14 October 2003.

I) when convicted by definitive judgment remaining, except that it was willing to suspend the sentence under surveillance or criminal fine for offences committed through negligence, on the basis of the approval of the persons who have been granted professional degrees. 15;
  

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Lit. I) para. (1) of article 1. 69 amended by paragraph 2 of article 9. 53 of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

j) for other reasons or needs of the Ministry of Internal Affairs, after the expiration of the provision or during it, at the request of the police, under art. ^ 27 21. (1) when it was not been possible appointment in a function;
  

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Lit. j) of paragraph 1. (1) of article 1. 69 amended by paragraph 24 of article. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.

k) when does not promote the finalization; 21. (5);
  

it) when it was established that he had been employed illegally in the police, even if this situation was detected at a later stage;
  

m) in the case of nedefinitivării by the police agencies of the studies referred to in article 1. 73 para. 8. n) when the policeman claimed, for reasons attributable to psychological evaluation within 3 months from the date of suspension of service relationship pursuant to article. 27 ^ 25 lit. h).
  

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Lit. n) of paragraph 1. (1) of article 1. 69 was introduced by the pct, article 25. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.

(2) ratios of police service cannot be terminated by resignation in the imposition of a State of emergency or State of siege or in case of mobilization and war.
  

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Art. Amended 69 of point 40 of the art. From the EMERGENCY ORDINANCE nr. 89 of 2 October 2003, published in Official Gazette No. 715 of 14 October 2003.


Article 69 (1) ^ 1 age limits in professional grade until the cops may be kept in service are the standard retirement age for old-age benefits under the law on social insurance and pensions which governs the public pension system for institutions in the field of national defence, public order and national security.
  

(2) the Quaestors by the police, the main police station, Quaestors Quaestors chiefs of police and police generals Quaestors are kept in service after the standard retirement age until the age of 60 years or ceases employment service, on request, according to the legal provisions in force.
  

(3) after the age of 60 years, the policemen referred to in paragraph 1. (2) may be kept in service until the age of 62 years, upon request if the State of health allows them solving in very good conditions of the tasks delegated to them, with the approval of the Minister of internal affairs.
  

— — — — — — — — — —-. (3) art. 69 ^ 1 has been modified in accordance with subparagraph (a). b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".

(4) in relation to the needs of employment, police, other than those referred to in paragraph 1. (2) may be kept in service after the standard retirement age until the age of 60 years, as follows: a) with the approval of the Minister of Internal Affairs, for police officers;
  

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Lit. of paragraphs 1 to 5). (4) article. 69 ^ 1 has been amended in accordance with subparagraph (a). b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".

(b) with the approval of) inspectors general/similar, for police agencies.
  

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Art. 69 ^ 1 was amended by paragraph 2 of article 9. in EMERGENCY ORDINANCE No. 107 of 30 November 2011, published in MONITORUL OFICIAL nr. 861 of 7 December 2011.


Article 70 policeman who graduated from an educational institution of the Ministry of Internal Affairs and who ceased service ratios in the first 10 years for reasons attributable to him is compelled to repay costs incurred with its preparation, in proportion to the remainder of up to 10 years, according to the commitment in this respect. — — — — — — — — — — — Art. 70 has been amended in accordance with subparagraph (a). b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".


Chapter VI transitional and final provisions Article 71 (1) police who at the date of termination of service does not meet the conditions of age and seniority for the purposes of granting retirement service benefit from retraining programmes as follows: a) in next 6 months after the adoption of the measures referred to in article 1. 69 para. (1) (a). (j));
  

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Lit. of paragraphs 1 to 5). (1) of article 1. 71 was amended by section 5 of art. 1 of law No. 133 of 27 June 2011, published in MONITORUL OFICIAL nr. 448 of 27 June 2011, with effect from 1 January 2012.

b) after the occurrence of the situation referred to in article 1. 69 lit. b). (2) re-training of police officers are in the circumstances referred to in paragraph 1. (1) ensure through caring Ministry of Internal Affairs, in collaboration with the Ministry of labour, social protection and Family, Older Persons and with the National Agency for employment, on the basis of protocols concluded for this purpose.
  

— — — — — — — — — —-. (2) of article 9. 71 was amended according to let. b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".

(3) the procedure for organizing and conducting retraining programmes is established by order of the Minister of internal affairs.
  

— — — — — — — — — —-. (3) art. 71 was amended according to let. b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".

(4) for the purposes of conversion to professional policemen can take free courses of training, retraining, professional development or, where appropriate, other forms of training, organized by the Ministry of Internal Affairs, and with the costs of the courses organized by the Ministry, other ministries, as well as the legal persons governed by private law which are authorised under the law to that end.
  

— — — — — — — — — —-. (4) article. 71 was amended according to let. b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".

(5) the counterpart of the courses organized outside the Interior Ministry under the terms of paragraph 1. (4) shall be borne by the budget in a maximum of 3 gross salaries earned by policeman from the date of service termination.
  

— — — — — — — — — —-. (5) article. 71 was amended according to let. b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".


Article 72 (1) on the date of entry into force of this law the police are depending on them are not applicable to its provisions relating to the conditions of study and internship in degree, except in cases where they are subject to additional seniority or promotions.
  

(2) At the same time the police graduates with diploma of the Academy of Police "Alexandru Ioan Cuza" of Ministry of internal affairs or other accredited higher education institutions will be granted professional degrees under the conditions laid down by this law.
  

— — — — — — — — — —-. (2) of article 9. 72 was modified in accordance with subparagraph (a). b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".

(3) Guards will oath of allegiance. Refusing oath of faith draws relief from police, and it was recorded by a procesverbal, signed by the persons referred to in art. 23 para. (1) Article 73 (1) the date of entry into force of the present law military ranks of police officers will be equated with professional degrees, according to the studies, training and maintaining rights to previously earned as follows: a. the police officers: a) Ensign-student police;
  

b) Lieutenant police inspector;
  

c) principal inspector captain;
  

d) police major-subcomisar;
  

e) lieutenant colonel-Commissar of the police;
  

f) colonel-in-Chief Police Commissioner;
  


g) brigadier general-police constable;
  

h) major-general-main police constable;
  

I) lieutenant-general-in-Chief Constable of police;
  

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Lit. I) have been complied with. Of paragraph 1. (1) of article 1. Amended 73 of point 42 of the art. From the EMERGENCY ORDINANCE nr. 89 of 2 October 2003, published in Official Gazette No. 715 of 14 October 2003.

j) Maj. general policing Constable.
  

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Lit. j) have been complied with. Of paragraph 1. (1) of article 1. Amended 73 of point 42 of the art. From the EMERGENCY ORDINANCE nr. 89 of 2 October 2003, published in Official Gazette No. 715 of 14 October 2003.
B. police agencies: a) salesperson class IV and sergeant-major-slop;
  

b) salesperson class III and junior Sergeant-main agent of police;
  

c) salesperson class II and junior sergeant-major-agentşef Deputy Police;
  

d) salesperson class and junior Sergeant police adjutant-agentşef;
  

e) salesperson and important adjutant-Chief agent-principal Chief of police.
  

(2) the equivalence of degrees relating to agents and police officers is also valid in the case of termination of service of the police officers, as well as in the case of the transfer of the military or police officers between police units and other units of the Ministry of internal affairs or if the transfer to/from other institutions in the system of national defense, public order and national security, as appropriate.
  

— — — — — — — — — —-. (2) of article 9. 73 has been modified in accordance with subparagraph (a). b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".

(3) the Chief of Police Commissioners who have a degree or professional seniority in the rank of colonel of at least 5 years and have been employed in this period at least 3 years in the functions laid down in the Member States of the organization with professional grade of the police constable or superior general of Brigade times and have been appreciated in the last 3 years with a mark of at least > at the termination of the service may be granted for professional grade Police Constable under this law.
  

— — — — — — — — — —-. (3) art. Amended 73 of point 43 of article. From the EMERGENCY ORDINANCE nr. 89 of 2 October 2003, published in Official Gazette No. 715 of 14 October 2003.

(4) Police officers who have not graduated from higher education short or long duration of the diploma will be employed according to professional degrees equivalent functions.
  

(5) police officers established in paragraph 2. (1) (a). The degree will be granted only after graduating the next professional higher education corresponding to the category to which they belong.
  

(6) police agencies who have not graduated from high school and post-secondary studies diploma will be employed according to professional degrees equivalent functions.
  

(7) Repealed.
  

— — — — — — — — —-. (7) article. 73 pct was repealed by article 26. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.

(8) the time allowed for completion of the necessary studies guards equivalence degree corresponding to the function they hold, in accordance with paragraph 1. (1) is 5 years from the date of entry into force of this law. If after the expiration of 5 years no cops have completed the necessary equivalence studies in professional ranks them, police officers will be employed in the relevant professional categories and degree preparation, and police agents will cease service ratios.
  

— — — — — — — — — —-. (8) article. Amended 73 of point 43 of article. From the EMERGENCY ORDINANCE nr. 89 of 2 October 2003, published in Official Gazette No. 715 of 14 October 2003.

(9) the training course in military rank at the time had the equity will be taken into account when granting professional degrees, according to para. (1) and with the conditions laid down in article 21. 391. (1) (a). b). (10) professional degrees for police officers is done usually once a year, on the occasion of the "day of the Romanian Police".
  

(11) the granting of degrees in professional employment of police officers is done according to the competences established by order of the Minister of internal affairs.
  

— — — — — — — — — —-. (11) article. 73 has been modified in accordance with subparagraph (a). b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".

(12) the granting of degrees of professional policemen referred to in art. 9 para. (2) and in article 8. 54 paragraph 2. (2) can be done throughout the year.
  


Article 74 (1) Police Records during and after termination of service, and its retention shall be determined by order of the Minister of internal affairs.
  

— — — — — — — — — —-. (1) of article 1. 74 was amended according to let. b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".

(2) The termination of service as a policeman is obliged within 15 days to present themselves at the center of which reside within the military, to be taken as a reservist with the speciality "police" and military rank equivalent professional degree had at the time that the Group of the Ministry of internal affairs.
  

— — — — — — — — — —-. (2) of article 9. 74 was amended according to let. b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".

(3) the police take as reservists may be concentrated or mobilize CCNN units of the Interior Ministry, under the conditions provided by law.
  

— — — — — — — — — —-. (3) art. 74 was amended according to let. b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".


Article 74 ^ 1 by order of Minister of Internal Affairs shall be determined with regard to the procedural aspects: Organization and holding of) training courses for the police, as well as competitions and examinations provided for in this law;
  

b) birth, amendment, suspension and termination of service.
  

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Art. 74 ^ 1 was introduced by the pct, article 27. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.


Article 75 of the policeman's uniform and Description of distinguishing marks shall be established by decision of the Government.


Article 76 (1) the provisions of this law shall apply, as appropriate, and the Romanian border police personnel, the Directorate General of Computerized Records of the person, the national Office for refugees, the General Directorate of information and internal protection, educational units of the police and the corresponding structures within the Police Academy, as well as staff > units of the central apparatus of the Ministry of Internal Affairs and its subordinate structures.
  

(2) the powers of the inspector-general of police established by Romanian authorities is exercised by this law for the personnel referred to in paragraph 1. (1) by their leaders.
  

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Art. 76 has been modified in accordance with subparagraph (a). b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".


Article 77 money proper duties of police officers, as provided for in this law, shall be made of the funds allocated from the State budget.


Article 78 Repealed.
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Art. 78 was repealed by article 28 pct. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ earlier, by the decision of the CONSTITUTIONAL COURT No. 244 of 19 April 2016, published in MONITORUL OFICIAL nr. 469 of 23 June 2016 was the exception of unconstitutionality with respect to article 4. 78 para. (1) of law No. 360/2002 on the status of the police (art. 78 para. (1): "the procedure and cases of modification and/or suspension of service of the police shall be determined by order of the Minister of administration and Interior).

According to art. 147 paragraph 1. (1) of the Constitution of ROMANIA republished in Official Gazette No. 767 from 31 October 2003 the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.


On 21.06.2016, section 28 of article 7. From the EMERGENCY ORDINANCE nr. 21 of 16 June 2016, published in MONITORUL OFICIAL nr. 459 of 21 June 2016 repealed art. 78 of law No. 360/2002 on the status of the policeman, in full, so that the decision of the CONSTITUTIONAL COURT No. 244 of 19 April 2016, published in MONITORUL OFICIAL nr. 469 of 23 June 2016 becomes inapplicable in respect of the suspension and termination of the legal effects of the art. 78 para. (1) of the same regulatory action.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 79 in the territorial-administrative units where persons belonging to national minorities have a share of over 20% will be employees and policemen who know that language.


80(2), In accordance with the law, by decision of the Government, it can set up House for police officers.


Article 81 (1) decisions of the Government and Interior Ministry orders given pursuant to this Act shall issue within 30 days of the date of entry into force.
  

— — — — — — — — — —-. (1) of article 1. 81 has been amended in accordance with subparagraph (a). b) of paragraph 2. (1) of article 1. 32 from EMERGENCY ORDINANCE nr. 96 from 22 December 2012, published in MONITORUL OFICIAL nr. 884 December 22, 2012, in place of the name "Ministry of administration and Interior" "Ministry of Interior".

(2) pending the adoption of decisions referred to in paragraph 1, the Government. (1) the police shall receive the corresponding rights in the normative acts in force for the military.
  


Article 82 (1) this law shall enter into force within 60 days after its publication in the Official Gazette of Romania, part I.
  

(2) At the same time any other provisions to the contrary are hereby repealed.
  

This law was adopted by the Senate at its meeting on 13 May 2002, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.

PRESIDENT of the SENATE, pp. DANIELS TĂRĂCILĂ this law was adopted by the Chamber of deputies at its meeting on 14 May 2002, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.

PRESIDENT Of The CHAMBER Of DEPUTIES VALER DANNER — — — — —

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