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Law No. 329 Of 8 July 2003 Concerning The Occupation Of Private Detective

Original Language Title:  LEGE nr. 329 din 8 iulie 2003 privind exercitarea profesiei de detectiv particular

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LEGE no. 329 329 of 8 July 2003 (** republished) (* updated *) on the exercise of the private detective profession *) ((updated until 30 June 2016 *)
ISSUER PARLIAMENT




---------- ** **) Republicated pursuant to art. 248 248 of Law no. 187/2012 for the implementation of Law no. 286/2009 on the Criminal Code, published in the Official Gazette of Romania, Part I, no. 757 of 12 November 2012, corrected in the Official Gazette of Romania, Part I, no. 117 117 of 1 March 2013, as amended, giving the texts a new numbering. Law no. 329/2003 was republished in the Official Gazette of Romania, Part I, no. 306 306 of 8 May 2007. + Chapter I General provisions + Article 1 (1) The private detective is the person attested under the present law and who, without prejudice to the right to intimate, family and private life or to other fundamental rights and freedoms, at the request of natural or legal persons, carry out specific investigation activities, relating to: a) the conduct and public morality of a person; b) data on the solvency or seriousness of a potential natural or legal person in a business; c) missing persons from home; d) goods subject to disputes of a civil or criminal nature estranged for the purpose of prejudicing the interests of a party in the process; e) ensuring protection against the leakage of information from the sphere of private life or the activity of economic operators who wish to maintain their confidentiality. (2) The activity of the private investigator may not be contrary to the domestic or international legal regulations to which Romania is a party, to national security, to public order or to good morals. (3) The information obtained from the activities carried out by the private investigator is intended exclusively for its client, under the present law. + Article 2 (1) The private detective may exercise his profession, as the case may be, within specialized companies or individual private detective offices, established under commercial law and operating on the basis of the license issued by General Inspectorate of the Romanian Police. (2) The object of activity of specialized companies and individual private detective offices is unique. (3) The executive directors of specialized private detective companies must be graduates of the law school or of a post-secondary school of detectives or have served as a police officer or worker within an institution. public with attributions in the field of public order or national security with officer rank and meet the conditions provided in art. 5 lit. c), d), e) and f). (4) Associations or shareholders of individuals of specialized private detective companies, established according to par. (1), must meet cumulatively the conditions provided by art. 5 lit. d) and e). + Article 3 (1) The private detective is obliged to keep professional secrecy on the data and information obtained. (2) The data and information provided in par. (1) may be communicated, on request, under the law, only to the courts and the Public Ministry, if they are useful for finding the truth in criminal cases. (3) In the activity carried out, the private investigator is subject to the law, the status of the specialized company or the individual private detective cabinet. + Chapter II Acquiring the quality of private investigator + Article 4 Private detective activity can only be carried out by people who are professionally attested. + Article 5 (1) It may acquire the quality of private investigator who meets the following conditions: a) has Romanian citizenship or citizenship of one of the member states of the European Union or of the European Economic Area; b) possesses at least secondary education and is a graduate of a post-secondary school of detectives or has served as a policeman or worker in public institutions with attributions in the field of defence, public order or national security or is a graduate of a higher education institution; c) is medically fit; d) not to have been convicted of crimes committed with intent; e) do not carry out an activity involving the exercise of public authority f) obtained the opinion of the county police inspectorate or the General Police Department of Bucharest, as the case may be; g) has passed the examination of the attestation of the quality of private investigator, according to the 7 7, or holds a certificate of qualification in this profession or a similar attestation issued in one of the Member States of the European Union and of the European Economic Area. (2) The fulfilment of the condition provided in par. ((1) lit. d) shall be verified by the county police inspectorates or, as the case may be, the General Police Directorate of the Municipality of Bucharest, based on the data and information contained in their specific records. ---------- Alin. ((2) of art. 5 5 was introduced by the subsection. 1 1 of section VI of art. 14, Cap. II of EMERGENCY ORDINANCE no. 41 41 of 28 June 2016 , published in MONITORUL OFFICIAL no. 490 490 of 30 June 2016. + Article 6 In order to take the examination of the quality of private detective, those interested must submit to the county police inspectorates or, as the case may be, to the General Police Department of Bucharest the following acts: a) application; b) curriculum vitae; c) the civil status act, in certified copy; d) the act of studies, in certified copy; e) the act of graduation of a specialized course, in certified copy; f) medical and psychological testing certificates, issued by a specialized health unit, respectively by an authorized laboratory; g) repealed; ---------- Lit. g) art. 6 6 has been repealed by the subsection. 2 2 of section VI of art. 14, Cap. II of EMERGENCY ORDINANCE no. 41 41 of 28 June 2016 , published in MONITORUL OFFICIAL no. 490 490 of 30 June 2016. h) statement showing that it meets the condition provided in art. 5 lit. e); i) proof of payment of the tariff for the examination of the examination of knowledge, established in accordance with the legal provisions. + Article 7 (1) The quality of private investigator is acquired following the verification of compliance with the conditions provided by law and the examination of candidates by a commission established at the level of the county police inspectorate, respectively of the General Directorate of police of Bucharest. (. The Commission referred to in paragraph 1 (1) meets quarterly, and the verification of knowledge is done according to the topics approved by the General Inspectorate of the Romanian Police. (3) After passing the examination, the private investigator shall be issued an attestation, on the basis of which he may associate or commit to a licensed company or establish an individual cabinet for carrying out investigation activities. (4) The person rejected for the exam can submit an appeal to the General Inspectorate of the Romanian Police within 3 days, which has the obligation to settle it within 30 days from the date of submission. ((5) Citizens of the Member States of the European Union and of the European Economic Area who have the status of private investigator may carry out the activities specific to this profession on the territory of Romania, under the conditions of this Law, exclusively on a delegation issued by the company it represents, in order to solve the case that makes it necessary to present them in Romania. Citizens of the Member States of the European Union and of the European Economic Area shall provide proof of the quality of private investigator with the act which validates that quality in the State of origin or provenance. (6) Detectives referred to in par. ((5) have the obligation to notify the competent territorial police body before carrying out any specific activities and to terminate them. + Article 8 (1) The quality of private investigator shall cease: a) by written waiver, which is submitted to the county police inspectorate or, as the case may be, to the General Police Department of Bucharest; b) by cancelling the attestation under the conditions 23 23 para. ((2); c) when the person concerned no longer meets the conditions laid down in art. 5 lit. a) and c)-e). (2) The quality of private investigator shall be suspended: a) when the criminal action is set in motion against the person concerned, for a crime committed with intent, in connection with his work as a detective; in this case the suspension lasts until the final settlement of the case; b) while the private investigator is in one of the situations provided in art. 10 10; c) under the conditions provided in art. 20 20 and art. 23 23 para. ((1). + Article 9 (1) After the promotion of the examination of attestation the private investigator uses, in order to prove this quality, the identity of the private detective. (2) The private investigator card is nominal and is not transmissible. The way of release, form and content of the card are established by order *) of the Minister of Internal Affairs, which is published in the Official Gazette of Romania, Part I. Note
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* *) See Order of the Minister of Administration and Interior No. 492/2005 on the release, form and content of the private detective ID, published in the Official Gazette of Romania, Part I, no. 133 133 of 14 February 2005.
+ Article 10 The exercise of the profession of private investigator is incompatible with: a) the activity of salarized activity in other professions, involving the exercise of public authority; b) activities that influence the independence of the profession or run counter to good morals; c) the direct exercise of acts of trade, with the exception of those conforming to the object of activity and the performance of specific duties.
+ Chapter III The rights and obligations of the private investigator, of the specialised companies and of the individual offices in which he operates + Article 11 (1) In the exercise of the profession the private investigator has the right to carry out investigations in relation to persons, goods, facts, data and circumstances covered by this activity, in strict observance of the rights and freedoms citizens, as well as legal provisions. (2) In carrying out the investigation the private investigator may ask individuals or public authorities for information that, according to the law, is not classified and does not affect the right to intimate, family and private life or other rights and fundamental freedoms of the data subject. + Article 12 Private investigator has the following obligations: a) to manifest probity and professional conscientiousness, the purpose of his activity being to find out the truth in question for which he was employed; b) to use methods and means of investigation not to prejudice the rules of law or to the rights and freedoms of citizens; c) to keep, even after the termination of the quality of private detective, the professional secrecy regarding the acts, facts, dates and circumstances of which he became aware during the activity, except for the expressly provided by law; d) not to wear private detective quality except in the interest of the service. + Article 13 The private investigator, in carrying out the activity, is prohibited from conducting investigations on: a) the activity of personnel of diplomatic and consular representations or of international organizations with similar status; b) the activity of persons, permanently or temporarily carried out, with any title, in the interest of public authorities, institutions or other legal persons of public interest or in services of public interest; c) confidential data on political, religious, philosophical or trade union beliefs and the expression of these beliefs, sexual orientation, health, social or ethnic origin of a person; d) criminal cases in the works of judicial bodies; e) specific activities carried out by institutions with attributions in the field of defence, public order and national + Article 14 Specialized companies and individual private detective cabinets have the following rights: a) to equip themselves and to use the technical means of investigation and communications allowed by law; b) to organize courses and other specific professional and physical training activities to improve the training of their staff; c) to be affiliated in professional associations representing their interests in relations with other associations or with state institutions; d) to officially request from the public authorities data about persons, goods or situations, necessary to the private detective in the investigation process, which, according to the law, are not classified and do not prejudice the right to family intimate life and private or other fundamental rights and freedoms of the data subject. + Article 15 (1) In the organization and conduct of the activity of private detectives from specialized companies and from individual offices have the obligation: a) to undertake investigations only on the basis of a written agreement concluded with the customer; b) establish a numbered register and register it with the county police inspectorate or, as the case may be, at the General Police Department of Bucharest, in which they will keep records of the investigated cases; c) to communicate the data and information requested by the prosecutor or the court, for the resolution of criminal cases; d) in cases where it finds that the information obtained concerns national security, to immediately notify the authorities with attributions in the field; e) to hire and use for specific investigative activities only persons who have the quality of private investigator; f) in relation to possibilities and on the basis of conventions, to receive in practice students of private detective schools. (2) The specialized companies and individual private detective offices shall establish a regulation of organization and functioning, which shall be approved by written provision of the executive head of the company or of the head of the individual cabinet, after Case. + Chapter IV Sanctions + Article 16 Failure to comply with the provisions of this law shall entail, as the case may be, civil, material, disciplinary, contravention + Article 17 Exercising without right the profession of private detective constitutes a crime and is punishable according to the Criminal Code. + Article 18 The following facts are contraventions: a) conducting investigations in cases other than those provided in art. 1 1 para. (1) or in violation of art. 12 lit. b)-d) and art. 13 13; b) violation of art. 3 3 para. ((1) and (3) and art. 7 7 para. ((6); c) violation of art. 2 2 para. ((2) and (3), art. 3 3 para. ((2) and art. 15 15 para. ((1) lit. a)-e). + Article 19 (1) Contraventions provided in art. 18 18 shall be sanctioned as follows: a) the facts provided in lett. a) and c), with a fine of 500 lei per 1,000 lei; b) the deed provided in lett. b), with a fine of 200 lei to 500 lei. (2) In the case of contraventions provided in art. 18 lit. c), the penalty of the fine can also be applied to the legal person, in which case its limits are from 1,000 lei to 2,500 lei. + Article 20 (1) The repetition of the contraventions provided in art. 18 lit. a) and c) within one year attract the suspension of the attestation for a period of 3 to 6 months. (2) The suspension of the attestation and the revocation of the suspension shall be ordered, in all cases, by the General Inspectorate of the Romanian Police, at the proposal of the county police inspectorates or the General Police Department of Bucharest, and shall be communicate to the person concerned. + Article 21 The finding of contraventions and the application of sanctions are made by police officers appointed by the General Inspectorate of the Romanian Police. + Article 22 Provisions Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, except art. 28 and 29, shall also apply to the contraventions provided by this law. + Article 23 (1) Violation of the obligations provided in art. 15 15 para. ((1) lit. a)-e) also attracts the suspension of the private detective attestation or, as the case may be, of the license to operate the specialized company or the individual cabinet of private detectives, for a period of between one month and 3 months. (2) The private investigator or, as the case may be, the license to operate the specialized company or the individual cabinet of private detectives shall be cancelled if, within a period of one year from the date on which the term of suspension of the attestation or licence, one of the facts which attract the measure of suspension is committed again. + Article 24 (1) The measures provided in art. 23 regarding the suspension or cancellation of the private detective attestation shall be ordered by the county police inspectorate that issued it or, as the case may be, by the General Police Department of Bucharest. (2) The suspension or cancellation of the license of operation of the specialized company or of the individual cabinet of private detectives shall be ordered, under the conditions of this law, by the General Inspectorate of the Romanian Police. + Chapter V Final provisions + Article 25 The control of the specific activity carried out by specialized companies and individual private detective offices is carried out by police officers appointed by the General Inspectorate of the Romanian Police, with the opinion of the Public Ministry. + Article 26 The General Inspectorate of the Romanian Police keeps records of all certified detectives, specialized companies and individual private detective offices. + Article 27 The classification of activities in the national economy shall be completed with the activity of private investigator. + Article 28 (1) The provisions of this Law shall be supplemented by the legal provisions regarding the recognition of diplomas and professional qualifications for regulated professions in Romania. (2) The documents necessary for the acquisition of the quality of private investigator, other than those provided in par. ((1), issued to citizens of the Member States of the European Union or belonging to the European Economic Area, by the authorities of the State of origin or origin, shall be recognised under the law. + Article 29 (1) This law shall enter into force 90 days after its publication in the Official Gazette of Romania, Part I*). Note
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* *) Law no. 329/2003 was published in the Official Gazette of Romania, Part I, no. 530 530 of 23 July 2003.
(2) Within 60 days of publication, the General Inspectorate of the Romanian Police and the Romanian Intelligence Service will draft the draft rules for the application of this law, which they will submit to the approval of the Government. -----