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Law No. 155 Of 12 July 2010 The Local Police

Original Language Title:  LEGE nr. 155 din 12 iulie 2010 poliţiei locale

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LEGE no. 155 155 of 12 July 2010 (** republished) (* updated *) local police *) ((updated on 13 June 2015 *)
ISSUER PARLIAMENT




---------- ** **) Republicated pursuant to art. 107 107 para. ((3) of Law no. 255/2013 for the implementation of Law no. 135/2010 on the Code of Criminal Procedure and for the modification and completion of some normative acts that include criminal procedural provisions, published in the Official Gazette of Romania, Part I, no. 515 515 of 14 August 2013, as amended, giving the texts a new numbering. Law no. 155/2010 was published in the Official Gazette of Romania, Part I, no. 488 488 of 15 July 2010. + Chapter I General provisions + Article 1 (1) Local police shall be established for the purpose of exercising their duties on the protection of the fundamental rights and freedoms of the person, private and public property, prevention and discovery of crimes, in the following areas: a) public order and peace, as well as security of goods; b) traffic on public roads; c) discipline in construction and street display; d) environmental protection; e) commercial activity; f) records of persons; g) other areas established by law. (2) The local police operate on the basis of principles: legality, confidence, predictability, proximity and proportionality, openness and transparency, efficiency and effectiveness, accountability and accountability, impartiality and nondiscrimination. + Article 2 (1) The local police operate: a) in the interest of the local community, exclusively on the basis and in the execution of the law, as well as of the acts of the deliberative authority and of the executive b) in accordance with the regulations specific to each field of activity, established by administrative acts of central and local public administration authorities. (2) The local police shall immediately communicate to the competent bodies the data on the aspects of violation of the law, other than those established in its competence, which he became aware of during the performance of specific missions and activities. (3) In the exercise of their duties, the local police cooperate with the units, respectively with the territorial structures of the Romanian Police, the Romanian Gendarmerie, the Romanian Border Police and the General Inspectorate for Emergency, with the other central and local public administration authorities and collaborate with non-governmental organizations, as well as with individuals and legal entities, under the law. (4) The local police request the intervention of the competent territorial units/structures of the Romanian Police or the Romanian Gendarmerie for any other situations that exceed their duties, according to this law. (5) The local police may conclude with other authorities and public institutions cooperation protocols aimed at detailing the modalities by which, within the limits of the legal competences of each structure, they provide support in fulfilling specific activities or missions. + Article 3 ((1) At the level of the commune, the city, the municipality or the sector of the city of Bucharest, as the case may be, the community police Law no. 371/2004 on the establishment, organization and functioning of the Community Police, with subsequent amendments and completions * *), it is reorganized as a local police structure, according to the provisions of art. 4. Note
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** **) Law no. 371/2004 on the establishment, organization and functioning of the Community Police, published in the Official Gazette of Romania, Part I, no. 878 of 27 September 2004, with subsequent amendments and completions, was repealed by art. 45 45 para. ((3) of Law no. 155/2010 , as amended, except art. 20 20 and 21 on public services intended to ensure the security of the objectives of county interest.
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((2) At the level of the commune, of the city, of the municipality or of the city sector of Bucharest, as the case may be, where no Community police Law no. 371/2004 , with subsequent amendments and completions, the local police structure can be organized, according to the provisions of art. 4.
+ Chapter II Local police organisation + Article 4 (1) The local police shall organize and operate, by decision of the deliberative authority of the local public administration, as a functional compartment within the specialized apparatus of the mayor/general mayor or as a public institution of local interest, with legal personality. (2) In Bucharest, the local police organize and operate as follows: a) by decision of the General Council of Bucharest Municipality, for the Local Police of Bucharest Municipality; b) by decision of each local council of the Bucharest municipality sector, for the local police of the respective sector. (3) Local police from an administrative-territorial unit/subdivision may detach local police officers to the local police from another administrative-territorial unit/subdivision, under the conditions provided by the decisions adopted by the local councils interested and on the basis of agreements concluded between the respective administrative-territorial units/subdivisions. The unit/Administrative-territorial subdivision from the level of which the local police officers detach shall conclude agreements with each administrative-territorial unit/subdivision that benefits from the services of the local police officers who are the subject of the The unit/administrative-territorial subdivision to which the local police officers are posted provides in the budget the sources of financing. (4) The organization mode, the functional structure, the state of functions, the number of posts and the categories of personnel assigned, the norms of endowment and consumption of local police materials are established by the regulation of organization and functioning, developed on the basis of the Framework Regulation for the organization and functioning of the local police. (5) The number of posts for contract staff with security duties shall be determined according to the number and importance of the objectives to be provided with security. (6) The local police in the communes, cities, municipalities and sectors of Bucharest are organized by taking over the posts and personnel of the community police, as well as of the structures in the specialized apparatus of the mayor/mayor general responsible for the control of discipline in construction, environmental protection and trade, as the case may be, with the classification in the number of posts established under the conditions provided in par. ((4) and (5). (7) The regulation of organization and functioning of the local police is approved by decision of the deliberative authority of the local public administration, in accordance with the provisions Local public administration law no. 215/2001 , republished, with subsequent amendments and completions, with the advisory opinion of the local commission of public order, constituted according to the provisions of art. 28. + Article 5 The local police are organized on functional compartments, at the level of general directions, directions, services and/or offices, according to the provisions of the Framework Regulation for the organization and functioning of the local police. + Chapter III Local police duties + Article 6 In the field of public order and peace, as well as the security of goods, the local police have the following duties: a) maintain public order and tranquility in the areas and places established by the public order and safety plan of the administrative-territorial unit/subdivision, approved under the law; b) maintain public order in close proximity of public educational establishments, public health facilities, in car parks located on the public or private domain of the administrative-territorial unit/subdivision, in commercial and leisure, in parks, markets, cemeteries, as well as in other such public places owned and/or in the administration of administrative-territorial units/subdivisions or other public institutions/services of local interest, established by the public order and safety plan; c) participate, together with the competent authorities provided by law, according to the competences, to activities of rescue and evacuation of persons and goods endangered by natural calamities or catastrophes, as well as to limit and remove the consequences caused by such events; d) act to identify beggars, children deprived of the supervision and protection of parents or legal representatives, homeless persons and proceed to their entrustment to the public social assistance service in to solve their problems, under the law; e) finds contraventions and applies sanctions, according to the jurisdiction, for non-compliance with the legislation on the regime of possession of dangerous or aggressive dogs, of the one on the management program of stray dogs and the one on the protection of animals and notifies specialised services for the management of stray dogs about the existence of these dogs and provides support to staff specialised in their capture and transport to the shelter; f) ensure the protection of personnel from the specialized apparatus of the mayor/general mayor, from public institutions or services of local interest in carrying out specific controls or actions; g) participate, together with other competent authorities, to ensure public order and tranquility on the occasion of rallies, marches, demonstrations, processions, picket actions, promotional trade actions, manifestations cultural-artistic, sports, religious or commemorative, as the case may be, as well as other such activities that take place in the public space and involving agglomerations of persons; h) ensures the security of goods and objectives owned by the administrative-territorial unit/subdivision and/or in the administration of local public administration authorities or other public services/institutions of local interest, established by the local council/General Council of Bucharest; i) finds contraventions and applies sanctions for non-compliance with the legal norms on social coexistence established by laws or administrative acts of the central and local public administration authorities, for the facts found in the radius territorial competence; j) execute, under the law, the warrants of bringing issued by the prosecution bodies and the courts that arouse the administrative-territorial unit/subdivision, for the persons living within the competence; k) participate, together with the Romanian Police, the Romanian Gendarmerie and the other forces that compose the integrated system of public order and safety, to prevent and combat street crime; l) cooperate with the area military centers in order to hand over the calling orders to mobilize and/or clarify the military situation of the reservists of the Ministry of National Defence; m) ensures measures to protect bailiffs on the occasion of foreclosures; n) grants, in the territory of administrative-territorial units/subdivisions, immediate support to competent structures with attributions in the field of maintenance, insurance and restoration of public order. + Article 7 In the field of traffic on public roads, the local police have the following a) ensure the fluency of traffic on public roads within the territorial area of competence, having the right to carry out regular signals of stopping the drivers of motor vehicle exclusively for the performance of the duties conferred by this law in Traffic on public roads; b) check the integrity of the road signs and notice irregularities found regarding the operation of traffic lights, the condition of the signs and road markings and provide assistance in the areas where road markings apply; c) participate in joint actions with the administrator of the road to eliminate the effects of natural phenomena, such as: heavy snow, blizzard, strong wind, heavy rain, hail, ice and other such phenomena, on public roads; d) participate, together with the territorial units/structures of the Romanian Police, to ensure traffic measures occasioned by public gatherings, rallies, marches, demonstrations, processions, picketing actions, promotional trade actions, cultural-artistic, sporting, religious or commemorative events, as the case may be, as well as other activities that take place on the public road and involve agglomerations of persons; e) support the territorial units/structures of the Romanian Police in ensuring traffic measures in the case of special transports and agabarithical ones within the territorial area of competence; f) provide support to the territorial units/structures of the Romanian Police in taking measures to ensure the fluency and safety of traffic g) ensure, in the case of accidents resulting in casualties, the security of the place of these accidents and take the first necessary measures for the preservation of traces, the identification of witnesses and perpetrators and, if necessary, the transport of victims to the nearest health facility; h) finds contraventions and applies sanctions for violation of legal norms on stopping, parking, parking of vehicles and prohibited access, having the right to order measures to lift vehicles stationary irregularly; i) finds contraventions and applies sanctions for violation of legal norms on maximum permissible mass and access to certain road sectors, having the right to carry out signals to stop the drivers of these vehicles; j) finds contraventions and applies penalties for violation of road rules by pedestrians, cyclists, drivers of mopedes and vehicles with animal traction; k) finds contraventions and applies sanctions for non-compliance with the legal provisions relating to traffic in the pedestrian area, in the residential area, in parks and recreational areas, as well as on adapted, reserved and signposted parking spaces through the international sign for persons with disabilities; l) apply the legal provisions on the legal regime of stray or abandoned vehicles on land belonging to the public or private domain of the state or of administrative-territorial units/subdivisions; m) cooperates with the territorial units/structures of the Romanian Police to identify the holder/user of the vehicle raised as a result of irregular parking or abandoned vehicles on the public domain. + Article 8 In the field of construction discipline and street display, the local police have the following duties: a) carry out controls to identify the construction works carried out without a permit to build or abolish, as the case may be, including constructions of a provisional nature b) carry out controls to identify persons who do not comply with the authorization for the execution of repair works of the carriageway and pedestrian; c) verify compliance with the legal norms regarding the advertising display, the electoral display and any other form of advertising/advertising, including those regarding the location of the company at the place of economic activity; d) participate in the actions of demolition/dismantling/dynamitation of constructions carried out without authorization on the public or private domain of the administrative-territorial unit/subdivision or on spaces under the administration of the administration authorities local public or other public institutions/services of local interest, by ensuring the protection of the perimeter and the freedom of action of the personnel participating in these specific operations; e) ascertains, as the case may be, according to the attributions established by law, the contraventions regarding the discipline in the field of authorization of execution of works in constructions and submit the minutes of finding contraventions, sanction, head of the specialized department that coordinates the activity of spatial planning and urbanism or, as the case may be, the president of the county council, the mayor of the administrative-territorial unit or of the municipality Bucharest in whose jurisdiction the contravention or person was committed empowered by them. + Article 9 In the field of environmental protection, the local police have the following a) control compliance with the legal provisions regarding the conditions of lifting, transport and storage of household and industrial waste; b) notify the authorities and public institutions competent cases of non-compliance with the legal norms regarding the level of pollution, including phonics; c) participate in actions to combat particularly serious zoonoses and epizootic diseases; d) identify the abandoned goods on the public or private domain of the administrative-territorial unit/subdivision or on spaces under the administration of local public administration authorities or other public institutions/services of local interest and applies the legal procedures for raising them; e) check the sanitization of water sources, banks, beds or their words; f) verify the provision of sanitation of streets, access routes, green areas, gullies, snow removal and ice on access routes, disinsection and deratization of buildings; g) verify the existence of sanitation contracts concluded by natural or legal persons, according to the law; h) check the lifting of household waste by sanitation service operators, in accordance with the established charts; i) verify and settle, according to the specific competences of the local public administration authorities, citizens ' complaints regarding non-compliance with legal norms for environmental protection and water sources, as well as those of household localities; j) finds contraventions and applies sanctions for violation of the legal norms specific to the attributions provided in a)-i), established by the local public administration authorities. + Article 10 In the field of commercial activity, the local police have the following a) act to comply with the legal norms regarding the conduct of street trade and commercial activities, namely the conditions and places established by the local public administration authorities; b) verify the legality of the marketing activities of products carried out by economic operators, authorized individuals and legal entities and private producers in agri-food markets, fairs and shutters, as well as compliance with the provisions legal by the administrators of agri-food markets c) verify the existence at the place of the commercial activity of authorizations, approvals, documents of origin of goods, metrological verification bulletins for scales, opinions and other documents established by laws or administrative acts of central and local public administration authorities; d) verify compliance with the legal norms regarding the marketing of religious objects; e) verify compliance with the legal norms regarding the placement of advertising materials and places of sale of tobacco products and alcoholic beverages; f) verify compliance with the legal provisions on the supply and operation schedule of economic operators; g) identify goods and products abandoned in the public or private domain of the administrative-territorial unit and within the sectors of Bucharest or on spaces under the administration of local public administration authorities or other services/institutions of local interest and applies the legal procedures for their lifting; h) verify compliance with the rules and norms of trade and services established by normative acts in the competence of local public administration authorities; i) cooperate and provide support to health, environmental and consumer protection authorities in the exercise of their duties specific to their field of activity; j) verify compliance with the obligations of economic operators with regard to the display of prices, marketed products and services and notify the competent authorities if they identify irregularities; k) verify and settle, under the law, petitions received in connection with production, trade or service activities carried out in public places in violation of legal norms; l) finds contraventions and applies sanctions for violation of the legal norms specific to the attributions provided in a)-j), established by the local public administration authorities. + Article 11 In the field of record of persons, the local police have the following a) hands the voter cards to persons at the age of 18; b) cooperate with other competent authorities in order to verify, at their request, personal data, if the request is justified by the need to fulfill an attributions provided by law, in compliance with the regulations legal regarding the processing of personal data and the free movement of such data; c) finds contraventions and applies sanctions for non-compliance with the legal norms regarding the domicile, residence and identity documents of Romanian citizens, including the obligations art. 38 38 para. (2) of Government Emergency Ordinance no. 97/2005 on the record, domicile, residence and identity documents of Romanian citizens, republished, with subsequent amendments and completions; d) cooperate with the community public services of record of persons for the legality of persons with expired identity documents and minors over 14 years of age, who do not have identity documents. + Article 12 In the case of flagrant offences, local police personnel shall proceed as provided art. 293 293 of Law no. 135/2010 on the Code of Criminal Procedure, with subsequent amendments and completions. + Article 13 In case of joint execution with the units/structures of the Romanian Police or with those of the Romanian Gendarmerie of missions in the field of maintaining or ensuring public order or for directing the road traffic, the local police under direct coordination of the Romanian Police or the Romanian Gendarmerie, as the case may be. + Chapter IV Status of local police personnel + Article 14 (1) Local police personnel shall be composed of: a) civil servants who occupy specific public offices of local police; b) public servants who occupy general public offices; c) contract staff. (2) May occupy specific public offices of local policeman civil servants who perform duties of the nature of those provided in art. 6 6, except art. 6 lit. h), and to art. 7-11. (3) The staff of the local police who perform the duties provided for in art. 6 lit. h) has the status of contractual personnel. (4) The inclusion in classes and on professional degrees of the specific public office of local policeman is made according to the provisions regarding the general public functions of Law no. 188/1999 on the Statute of civil servants, republished, with subsequent amendments and completions. + Article 15 The local police chief and his deputy are appointed to the leadership position in accordance with the provisions Law no. 215/2001 , republished, with subsequent amendments and completions, and of Law no. 188/1999 , republished, with subsequent amendments and completions. + Article 16 (1) The service reports of local police officers and civil servants who occupy general public offices shall be established, amended, suspended and terminated under the conditions established according to the provisions of this Law and of the Law no. 188/1999 , republished, with subsequent amendments and completions. (2) The labor reports of the contractual personnel of the local police shall be established, amended, suspended and terminated under the conditions provided for by the labor law, and those of the contractual personnel with duties in the field of security goods and objectives of local interest and in compliance with the conditions laid down by Law no. 333/2003 on the security of objectives, goods, values and protection of persons, republished + Article 17 (1) During the service, local police officers and contract staff from the local police with duties in the field of security of goods and local interest objectives shall wear the uniform and exercise the duties provided in the job description, according to the provisions this law. (2) The local policeman is invested with the exercise of public authority, during and in connection with the performance of duties and duties, within the limits of the powers established by law, and benefits from the provisions of the criminal law with on persons who perform a function involving the exercise of state authority. + Article 18 (1) After appointment, local police officers who have powers in the field of public order and tranquility, as well as those with attributions in the field of road traffic, from the structures of the community police, are obliged, within 6 years, to follow an initial training program organized in an educational institution within the Ministry of Internal Affairs. ---------- Alin. ((1) of art. 18 18 has been amended by section 1 1 of art. XXI of EMERGENCY ORDINANCE no. 2 2 of 11 March 2015 , published in MONITORUL OFFICIAL no. 176 176 of 13 March 2015. (2) After the appointment, the local police officers who have powers in the field of public order and tranquility, as well as those with attributions in the field of road traffic, subsequently selected to operationalize the local police structures, under the conditions of 3 3 para. (1), as well as those selected in order to frame the positions of the local police structures established under the conditions of art. 3 3 para. (2) are obliged, within one year, to follow an initial training program organized in an educational institution within the Ministry of Internal Affairs. (3) I am an exception to the provisions of para. (1) and (2) local police officers who come from the public order and safety structures of the Ministry of Internal Affairs, as well as those who attended an initial training program in an educational institution within the Ministry of Business Internal. (4) The duration of the training programs provided in par. ((1) and (2) shall be at least 3 months. ((5) Completing the training programs referred to in par. (1) and (2) shall be made by graduation examination, according to the educational plan. Following the passing of the exam, local police officers obtain a graduation certificate issued, under the law, by the organizing institution. (6) By way of derogation from provisions Law no. 188/1999 , republished, with subsequent amendments and completions, if, after the expiry of the 5-year period provided in par. ((1), respectively of the one year referred to in par. (2), the local policeman has not completed the initial training program, he is released from the public office. (7) The travail of the individual tuition expenses of the local police related to the training programs provided in par. ((1) and (2) shall be borne by the local police budget or local budget, as the case may be. (8) The way of organizing the training programs provided in par. (1) and (2) and the structure of the educational programs shall be established by the Framework Regulation for the organization and functioning of the local police. (9) The professional training of personnel with duties in the field of security of goods and objectives of local interest is carried out under the conditions Law no. 333/2003 , republished. (10) Conditions of employment for staff in compartments responsible for environmental protection and commercial activity, as well as personnel with control tasks on the line of construction discipline, shall be established by their own rules of procedure. organization and functioning, based on the legal provisions in the field and of the Framework Regulation for the organization and functioning of the local police. + Article 19 For the representation of their own interests in relations with central and local public administration authorities, civil servants and contract staff in the local police can associate, under the law. + Chapter V Rights and obligations of the local policeman + Article 20 (1) In the exercise of his duties, according to the law, the local policeman has the following main rights: a) to carry out preventive control over the person and/or its baggage in the following situations: there are clear indications that it was committed, committed or prepared to commit a crime or the person participates in public events organized in places where access with weapons, products or dangerous substances is prohibited; b) to invite to the local police headquarters the persons whose presence is necessary for the performance of their duties, by bringing to the attention, in writing, the purpose and the reason of the invitation; c) to seek the support of citizens to identify, follow and catch persons who have committed acts of a criminal or contravention nature; d) to wear and use, under the conditions of this law and only during the service, the armaments, ammunition and other means of defense and intervention provided; e) to circulate free of charge, on the basis of the service card, during the service, in the area of competence, with the local means of transport, for the execution of missions that cannot be fulfilled otherwise; f) to use force, under the law, in proportion to the state of affairs justifying its use, in case of non-compliance with the provisions it has given in the exercise of its duties; g) to legitimize and establish the identity of persons who violate the legal provisions or are indications that they prepare or have committed an illegal act; h) to lead at the headquarters of the local police or territorial units/structures of the Romanian Police those who through their actions endanger the bodily integrity, health or life of persons, public order or other social values, as well as persons suspected of committing illegal acts, whose identity could not be established under the law. The verification of the situation of these categories of persons and the taking of legal measures, as the case may be, shall be carried out within 12 hours from the moment of detection, (2) For the exercise of their duties, local police officers have access, under the law, to the databases of the Ministry of Internal Affairs. For this purpose, the local police or the administrative-territorial unit/subdivision, as the case may be, and the competent structures within the Ministry of Internal Affairs conclude collaboration protocols in which the communication infrastructure is regulated, security, protection and data privacy measures, the level of access and the rules of use. + Article 21 (1) In the exercise of his duties, the local policeman shall be obliged: a) to respect the fundamental rights and freedoms of citizens, provided by the Romanian Constitution, republished, and by the Convention for the Protection of Human Rights and Fundamental Freedoms; b) respect the principles of the rule of law and defend the values of democracy c) comply with the provisions of laws and administrative acts of central and local public administration authorities; d) to comply with and to carry out the orders and legal provisions of the hierarchical heads; e) comply with the norms of professional and civic conduct provided by law; f) to decline, in advance, the quality and to present the police badge and the service card, except in situations where the result of the action is endangered. At the entrance to the action or at the beginning of the intervention that does not suffer postponement, the local policeman is obliged to present himself, and after the conclusion of any action or intervention to legitimize himself and declare the function and the local police unit from which is part; g) to intervene also outside the hours of the program, within the means at his disposal, for the exercise of his duties, within the territorial area of competence, when he becomes aware of the existence of situations that justify his intervention; h) to appear immediately at the local police headquarters or where requested, in situations of catastrophes, calamities or large-scale disturbances of public order and tranquility or other such events, as well as in the case of establishing the state of emergency or curfew or in case of mobilization and war; i) to observe the professional secrecy, as well as the confidentiality of the data acquired during the activity, under the law, except in cases where the performance of duties, the needs of the judiciary or the law require disclosure j) to show fairness in solving personal problems, in such a way that it does not benefit or leave the impression that it benefits from confidential data obtained in its official capacity. (2) The local policeman is prohibited: a) to be part of political parties, parties or organizations or to conduct propaganda in their favor; b) express opinions or political preferences at work or in public; c) to participate in rallies, demonstrations, processions or any other political meetings; d) adhere to sects, religious organizations or any other organizations prohibited by law; e) to carry out, directly or through interposed persons, trade activities or to participate in the administration or management of economic operators, except for the quality of shareholder; f) to exercise activities likely to harm the honour and dignity of the local policeman or the institution to which he belongs; g) to hold any other public or private office for which it is salarized, except for the teaching positions within educational institutions, scientific research activities and literary-artistic creation; h) participate in performing any form of control in any public or private entity, where, directly or through intermediaries, it is involved or has interests of a nature contrary to the specific activity of the police; i) to cause physical or mental suffering to persons, for the purpose of obtaining from them or from a third person of information or confessions; j) to receive, to request, to accept, directly or indirectly, or to make him be promised, for himself or for others, in consideration of his official quality, gifts or other advantages; k) to resolve requests that are not competent to or that have not been assigned to them by the hierarchical heads or to intervene for the resolution of such requests, for the purposes provided in lett. j); l) collect money from natural or legal persons; m) to draft, print or disseminate material or publications of a political, immoral or illegal nature. (3) The local politician with a leading position shall be responsible for the orders and provisions of the subordinates. He is obliged to check whether they have been transmitted and understood correctly and to control the way of carrying out. (4) The local police officer with a management function is obliged to support the proposals and motivated initiatives of subordinate staff, in order to improve the activity of the local police in which they operate, as well as the quality public services offered to citizens. (5) The local policeman responds, under the law, for the way in which he exercises his duties. The violation by the local policeman of the duties undertakes his disciplinary, patrimonial, civil or criminal liability, as the case may be, according to the law (6) The local policeman has the obligation to refrain from any act that could harm the natural or legal persons or the prestige of the local police and/or public authorities. + Article 22 In carrying out the duties provided for by this law, the local police personnel shall exercise their competence within the administrative-territorial unit/subdivision where they operate. + Article 23 For special contributions to the defense of public order and tranquility, the rights and fundamental freedoms of citizens and the prevention of anti-social facts, for the exemplary performance of their duties, local police officers may grant moral or material rewards, under the conditions established by the Framework Regulation for the organization and functioning of the local police. + Chapter VI Use of means of equipment and weapon use + Article 24 (1) In order to deter, prevent and neutralize the aggressive actions of persons who disturb public order and tranquility, actions that could not be removed or annihilated by the use of other means, local police officers can use weapons non-lethal intended for self-defence, rubber or tomfe sticks, electrostatic energy sticks, devices with irritant-tear and paralysis substances, handcuffs, service dogs, and other immobilisers not put in place danger life or do not cause a serious bodily injury. (2) The means provided in par. (1) may be used against persons who: a) undertake actions that endanger the bodily integrity, health or property of other persons; b) block, outside the conditions of the law, public traffic routes, try to penetrate, enter without right or refuse to leave the premises of public authorities, political parties, institutions and organizations of public interest or private, endangers in any way the integrity or security of these or the personnel or disturbs the normal conduct of the activity; c) draws people with functions involving the exercise of public authority; d) oppose or disobey, by any means, the fulfillment of legal requests of local police officers, only if there is a legitimate fear that through their actions they can endanger the bodily integrity or life of local police officers. (3) The use of means provided in par. (1) against participants in aggressive actions will be done gradually, after prior warning of the use of such means and the granting of time necessary for the cessation of actions and compliance with legal requests of local cops. Any action in public is made by announcing: "Police!". (4) The use of means provided in par. ((1) must not exceed the actual needs for preventing or neutralizing aggressive actions. + Article 25 (1) The local policeman equipped with lethal weapons of defense and security can make use of the weapon in case of self-defense, state of necessity according to the law or for the performance of his duties. (2) The contract staff carrying out security activities, equipped with lethal defense and guard weapons, can make use of the weapon in case of self-defense or state of necessity according to the law. (3) For the purposes of this law, by use of weapon means the firing of lethal weapon of defense and guard against persons, animals or goods. (4) When the use of other means of immobilization or coercion has not yielded results, the local policeman may make use of the weapon in the performance of his duties, in the following situations: a) to ensure the defense of any person against imminent violence, through which death or serious injury can be caused or that constitute a serious threat to the life or bodily integrity of a person; b) for the immobilization of a person who, after committing a crime through violence, opposes or tries to flee, and remaining it in a state of freedom can endanger the life or bodily integrity of persons. (5) The gun use is made only after the summons: "Police, stay!". In case of disobedience, he summons himself again by the words: "Wait, I'm pulling!". If the one in question does not obey this time either, he summons himself by firing the gun fire up, vertically. (6) If, after the execution of the legal notice, according to par. ((5), the person concerned shall not be subject to the use of the weapon against it. (7) The gun use, under the conditions and in the situations provided by par. ((4)-(6), is made in such a way as to lead to the immobilization of those against whom the weapon is used, drawing, as far as possible, to his feet, in order to avoid causing their death. (8) In cases of self-defense or state of necessity, lethal defense and guard weapons may be used, without notice, if there is no time required for it. + Article 26 Every situation that has been made use of the weapon relates to the hierarchical emergency. As soon as possible, the report shall be drawn up in writing. If a person's death or injury occurred as a result of the weapon, the act is immediately communicated to the competent prosecutor, according to the law. + Article 27 (1) The use of the means provided in art. 24 24 and 25: a) against children, women with visible signs of pregnancy and persons with visible signs of invalidity, except in cases where they commit an armed or group attack, which endangers the life or bodily integrity of the person; b) in situations where the life of other persons would be received or the territory, airspace or national waters of a neighboring state would be violated. (2) The use of means provided in art. 24 and 25 for the performance of duties, under the conditions and in the situations provided by this law, remove the criminal nature of the act. (3) Injured persons shall be given first aid and measures shall be taken immediately to provide medical care. + Chapter VII Tasks of local public administration authorities regarding the organization and functioning of local police + Article 28 (1) At the level of each commune, of each city, municipality and sector of the city of Bucharest where the local police operate, the local public order commission shall be organized and operated, by decision of the local council, respectively of the Council General of the Municipality of Bucharest, hereinafter referred to as the local commission, which is an advisory body. (2) The local commission is constituted, as the case may be, from: mayor, respectively the general mayor in the case of Bucharest, head of the territorial unit/structure of the Romanian Police or his representative, the head of the local police administrative-territorial and 3 local councillors, respectively general councillors in the case of Bucharest municipality, appointed by the deliberative authority. (3) The meetings of the local commission are led by the mayor and the general mayor in the case of Bucharest. (4) The functioning of the local commission is established by the regulation on its organization and functioning, adopted by the local council, respectively by the General Council of Bucharest. + Article 29 (. The local Commission shall have the following tasks: a) ensure cooperation between public institutions and services with attributions in the field of order and public safety at the level of the administrative-territorial unit/subdivision; b) endorses the draft regulation of organization and functioning of the local police; c) elaborates the draft plan of public order and safety of the administrative-territorial unit/subdivision, which it updates annually; d) periodically analyze the activities of maintaining public order and safety at the level of the administrative-territorial unit/subdivision and make proposals to solve the deficiencies found and to prevent the facts affecting social climate; e) assesses the specific requirements and makes proposals regarding the personnel needs of the local police; f) presents to the deliberative authority annual reports on how to comply with the provisions of the order plan and public safety of the administrative-territorial unit/subdivision. Based on the conclusions drawn from the analyses carried out, it proposes to the local public administration authorities to initiate draft decisions to prevent the facts affecting the social climate. (2) The secretariat of the local commission is provided by persons with attributions in this regard from the specialized apparatus of the mayor, respectively of the general mayor of Bucharest. (3) The local commission shall meet quarterly or whenever necessary, at the convocation of the mayor/general mayor of Bucharest municipality or of one third of the number of local councillors/general advisers. + Article 30 As regards the organization and functioning of the local police, the deliberative authority of the local public administration has the following a) approves the regulation of organization and functioning of the local police, in accordance with the provisions Law no. 215/2001 , republished, with subsequent amendments and completions, and of the present law; b) determine, in accordance with the provisions Law no. 215/2001 , republished, with subsequent amendments and completions, the procedures and criteria for the organization of the contest, in order to fill the position of head of the local police, where on the date of entry into force of this law Head of the Community Police, following the promotion of the contest organized for this purpose; c) establishes, under the law, specific criteria for assessing the activity of the local police; d) approve, according to his/her competences, the material and financial conditions necessary for the functioning of e) analyze, together with the local commission, the activity of the local police, under the law, and establishes measures to improve its activity; f) establishes, on the proposal of the local commission, the necessary measures for the proper functioning of the local police and for the framing of its activity in the norms and procedures established by the g) approves, at the proposal of the local commission, the public order and safety plan of the administrative-territorial unit/subdivision. + Article 31 (1) Regarding the organization and functioning of the local police, the mayor/general mayor of Bucharest has the following tasks: a) appoints, sanctions and orders the suspension, modification and termination of service relations or, as the case may be, of the employment relationships of the local police personnel, including its head, in the case of the organization of the local police in the apparatus own specialist, and only for the head of the local police and its deputy, in the situation of its organization as a public institution of local interest; b) submit for approval to the deliberative authority the material and financial resources necessary to carry out the activity c) guide, supervise, control and analyze the activity of the local police, as a public service of local interest; d) ensure the fulfilment of the decisions of the local council/General Council of the Municipality of Bucharest on the organization and functioning of the local police; e) evaluate the activity of the local police, according to the specific criteria established by the deliberative authority of the local f) presents to the deliberative authority, annually or whenever necessary, briefings on the functioning of the local police; g) submit to the deliberative authority the regulation of organization and functioning of the local police; h) submits for approval to the deliberative authority the procedures and criteria for the organization of the contest in order to fill the position of chief i) periodically organize consultations with members of the local community, with the participation of representatives of the territorial unit/structure of the Romanian Police and non-governmental organizations, regarding the priorities and activity of the j) receives and settles the complaints about the deficiencies found in the activity of the local police, as well as on the improvement of the security and maintenance of public order and peace; k) empowers, through the provision, local police officers as ascertaining agents, in any of the situations in which this quality is established, by normative acts, to the mayor/general mayor of Bucharest. (2) In the case of local police organized as a public institution of local interest with legal personality, the head of the local police, under the law, appoints, sanctions and orders the suspension, modification and termination of service relations or, after The case, of the employment relationships of the staff, with the exception of him and his deputy. + Chapter VIII Equipping and financing local police + Article 32 (1) The local police may own, administer and/or use, as the case may be, under the law, immovable property, means of transport customized and equipped with blue sound and light warning devices, means of transport specifically intended transport of goods and values equipped according to the law, weapons, ammunition, equipment and specific technical equipment, necessary for the exercise of the duties provided by law (2) The property on any material goods from the local police equipment belongs to the administrative-territorial unit, except those rented, taken into administration or in use from other public or private entities, as the case may be. (3) The customization of equipment, means, uniforms and distinctive marks of the local police includes the name of the administrative-territorial unit/subdivision within which it is organized and operated. (4) The local police may constitute, under the conditions established by the Framework Regulation for the organization and functioning of the local police, dispatches for the coordination of personnel activity and intervention, with their own crews, to the objectives given in competence. + Article 33 (. Local police personnel shall be equipped with uniform, distinctive markings and, where appropriate, with: a) lethal defence and security weapons or non-lethal weapons intended for self-defence; b) individual means of defense, intervention and immobilization provided in art. 24 24 para. (1), in the case of local police officers, or art. 43 43 *) of Law no. 333/2003 , republished, in the case of contract staff. Note
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* *) Article 45 has become art. 43 as a result of the renumbering of Law no. 333/2003 on the protection of the objectives, goods, values and protection of persons, republished in the Official Gazette of Romania, Part I, no. 189 189 of 18 March 2014.
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(2) Local police structures are authorized to procure and possess lethal defense and guard weapons and non-lethal weapons intended for self-defense, as well as the appropriate ammunition, for arming their own personnel, under conditions. art. 69 69 *) of Law no. 295/2004 on the regime of weapons and ammunition, republished, as amended. ---------- * *) Art. 68 became art. 69 as a result of the renumbering of Law no. 295/2004 on the regime of weapons and ammunition, republished in the Official Gazette of Romania, Part I, no. 814 814 of 17 November 2011. (3) Local police officers with attributions in the field of insurance of public order and peace who have obtained the certificate of completion of the initial training program provided in art. 18 18 para. ((1) and (2), as well as contract staff carrying out security activities and which has been professionally attested according to the provisions Law no. 333/2003 , republished, may be equipped with lethal weapons of defense and security or with non-lethal weapons intended for self-defense, in order to carry out specific activities, with the proper application of the provisions art. 70 70 and 71 * *) of Law no. 295/2004 , republished, as amended. Note
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**) Art. 69 became art. 70 70 and art. 70 has become art. 71 as a result of the renumbering of Law no. 295/2004 on the regime of weapons and ammunition, republished in the Official Gazette of Romania, Part I, no. 814 814 of 17 November 2011.
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(4) Until the completion by own purchases of the entire necessary weapons and ammunition, the local police endowment with these categories of technical means can be ensured by rental from the Ministry of Internal Affairs, under the conditions established by order of the Minister of Internal Affairs, or the Ministry of National Defence, under the conditions established by order of the Minister of National Defence (5) By the framework regulation for the organization and functioning of the local police, according to the law, the rules of endowment, the categories of personnel that are equipped with individual means of defense, intervention, immobilization, weapons and ammunition, the types of arms, port, storage, handling, security and record-keeping.
+ Article 34 The salary rights of the local police personnel are established according to the legal provisions applicable to the staff of the specialized apparatus of the mayor, respectively of the general mayor of + Article 35 Apart from the salary rights provided in art. 34, the local policeman also has the right to: a) the settlement of transport expenses in case of travel in the interest of the service; b) the classification of the activity under special conditions, special or other working conditions, according to the law; c) insurance by the local council of the administrative-territorial unit/subdivision, respectively by the General Council of Bucharest Municipality, of the legal assistance of the local policeman for acts committed by him in the exercise, according to the law, of the duties, under the conditions established by the regulation of organization and functioning of the local police; d) ensuring the compensation of life, health and goods under the conditions established by the Framework Regulation for the organization and functioning of the local police and within the budget approved by the local council/General Council of Bucharest Municipality. + Article 35 ^ 1 (1) Local public administration authorities may grant within the approved budget, by decision of the local council, the norm of food to local police personnel according to the provisions Government Ordinance no. 26/1994 on the rights of food, in peacetime, of the personnel of the national defense sector, public order and national security, republished, with subsequent amendments and completions. ---------- Alin. ((1) of art. 35 ^ 1 has been amended by section 4.2 2 2 of art. XXI of EMERGENCY ORDINANCE no. 2 2 of 11 March 2015 , published in MONITORUL OFFICIAL no. 176 176 of 13 March 2015. (2) The methodology and the rules for the application of the rights provided in par. (1) shall be established by Government decision, at the proposal of the Ministry of Regional Development and Public Administration. ---------- Alin. ((2) of art. 35 35 ^ 1 was introduced by art. unique of ORDINANCE no. 7 7 of 28 January 2015 , published in MONITORUL OFFICIAL no. 81 81 of 30 January 2015. ---------- Article 35 ^ 1 was introduced by art. XI of EMERGENCY ORDINANCE no. 65 65 of 15 October 2014 , published in MONITORUL OFFICIAL no. 760 760 of 20 October 2014. + Article 36 In the event of the death of a local policeman during or in connection with the performance of his duties, he shall be granted to his family or to the person who incurred the expenses occasioned by the death, as the case may be, an additional death aid basic salaries at the time of death. + Article 37 (1) In the exercise of their duties, the local policeman benefits from special protection, under the law, similar to the policeman of the Romanian Police. (2) The local policeman and his family members are entitled to protection, under the law, from the specialized structures of the state towards the threats or violence to which they could be subjected as a result of the exercise of their duties. + Article 38 (1) Local policeman and contract staff of the local police, with duties in the field of security of goods and objectives of local interest, shall be provided with free uniform and protective equipment appropriate to the specific missions that they meet, and if, as a result of the exercise of their duties, their clothing or other personal property has been degraded or destroyed, they are entitled to appropriate compensation. ((2) The staff of the staff referred to in paragraph (1), the form and content of the notes, as well as of the documents of its legitimation are those provided for in the Framework Regulation for the organization and functioning of the local police. (3) Upon termination of service or work relations, the staff referred to in par. (1) has the obligation to hand over, immediately, the uniform, the insignia, the protective equipment and the legitimation documents. (4) The cessation of the service relations of the local policeman for reasons attributable to him, within 5 years from the completion of the initial training program provided for in art. 18 18 para. ((1) and (2), attract the payment by him of the value of the tuition expenses, in proportion to the remaining period. + Article 39 (1) The financing of current and capital expenditures of the local police operating as a public institution with legal personality shall be ensured from their own income and subsidies from the local budget. (2) If the local police organize as a functional compartment within the specialized apparatus of the mayor/general mayor of Bucharest, its activity is fully financed from the local budget.
+ Chapter IX Final and transitional provisions + Article 40 (1) In order to operationalize the local police structures established according to the provisions of this law, civil servants with special status can be established, under the conditions of the policeman's Statute * **), from the territorial units of the Police Novels, until filling positions, for a period of up to one year. Note
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*** ***) See Law no. 360/2002 on the Statute of the policeman, published in the Official Gazette of Romania, Part I, no. 440 of 24 June 2002, with subsequent amendments and completions.
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(2) The number of civil servants with special status seconded shall be established following a joint analysis carried out by the territorial unit/structure of the Romanian Police and by the respective local public administration authorities. (3) The detection of civil servants with special status is based on the protocol concluded between the local council of the respective administrative-territorial unit/subdivision, namely the General Council of Bucharest Municipality, and the unit/structure territorial of the Romanian Police, in accordance with the provisions of the Police Statute. (4) The duties of civil servants with special status, posted according to par. (1), shall be established in accordance with the provisions of this Law (5) Civil servants with special status, posted from the territorial units/structures of the Romanian Police, shall be applied the provisions of the Statute of the policeman and of the normative acts governing the salary and other rights of the police.
+ Article 41 The local police in the administrative-territorial units/subdivisions in which it is organized as a public institution of local interest with legal personality takes over, under the law, the patrimony of the current community police structures. + Article 42 The local police budget is established according to the regulations in force and is approved by decision of the deliberative authority, at the proposal of the mayor/general mayor of Bucharest. + Article 43 (1) The local police who have in the structure functional compartments with attributions in the field of road traffic conclude protocols with the database administrator, provide the necessary technical means and training of the personnel activities, in order to introduce in the database of penalty points applied as a result of the finding of deviations to the road traffic regime, no later than one year after the entry into force of this law. (2) Until the compartments provided in par. (1) implement the measures provided for in par. (1), the minutes of finding the contraventions concluded by the local police officers with attributions in the field of road traffic for deviations involving the application of penalty points shall be communicated within 24 hours, in copy, to the territorial units/structures of the Romanian Police, to be entered in the database, based on the protocol concluded between the parties. In Bucharest, all the minutes containing the complementary contravention sanctions, by applying penalty points, under the conditions of the legislation on traffic on public roads, are communicated to the traffic police brigades, respectively territorial competent police stations, to be entered into the database. (3) Local police structures designate the personnel charged with the introduction of penalty points in the database, which will work for one year together with the designated persons of the traffic police, in order to specialise. (4) Local police officers specialized in the field of road traffic exercise their duties together with the specialized structures of the Romanian Police, for a period of one year from the date of establishment of the local police in the unit/subdivision the respective administrative-territorial. + Article 44 (1) If the mayor/general mayor of Bucharest considers that the tasks of the local public administration authorities on the local police line are not properly met or has indications/referrals regarding violation of legal provisions by local police officers, may request the prefect to support the devolved public services of ministries, in order to carry out a specialized control. (2) The control over the activity of the local police may also be ordered by order of the Minister of Internal Affairs, at his initiative, or, as the case may be, of the prefect, the Director General of the General Police Directorate of Bucharest the chief inspector of the county police inspectorate, only after the prior knowledge of the mayor/general mayor of Bucharest. (3) Any control is strictly limited to ensuring compliance with constitutional principles and specific legality. The results of the control are transmitted to the mayor/general mayor of Bucharest and present in the vicinity of the meeting of the local council/General Council of Bucharest. + Article 44 ^ 1 (1) May 21 is declared the Day of Local Police. (2) Local public administration authorities and interested non-governmental organizations can support the organization of events dedicated to celebrating this day. ---------- Article 44 ^ 1 was introduced by art. unique from LAW no. 138 138 of 8 June 2015 , published in MONITORUL OFFICIAL no. 408 408 of 10 June 2015. + Article 45 (. This Law shall enter into force on 1 January 2011. (2) Within 90 days from the publication of the present law in the Official Gazette of Romania, Part I, the Ministry of Administration and Interior shall elaborate, in consultation with the associative structures of the local public administration authorities, The framework regulation for the organization and functioning of the local police, which is approved by Government decision *). Note
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* *) See Government Decision no. 1.332/2010 on the approval of the Framework Regulation for the organization and functioning of the local police, published in the Official Gazette of Romania, Part I, no. 882 882 of 29 December 2010.
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(3) On the date of entry into force of this Law, the Law no. 371/2004 on the establishment, organization and functioning of the Community Police, published in the Official Gazette of Romania, Part I, no. 878 of September 27, 2004, with subsequent amendments and completions, except for the provisions of art. 20 20 and 21 on public services intended to ensure the security of the objectives of county interest.
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