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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LAW no. 155 of 12 July 2010 (republished ** **) (* updated *)
local police *)
(updated on June 13, 2015 *)
Issued



PARLIAMENT **
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) Republished under art. 107 par. (3) of Law no. 255/2013 for the implementation of Law no. 135/2010 on the Criminal Procedure Code and amending and supplementing certain acts which would be criminal procedure, published in the Official Gazette of Romania, Part I, no. 515 of 14 August 2013, as amended, giving the texts a new numbering.
Law. 155/2010 was published in the Official Gazette of Romania, Part I, no. 488 of 15 July 2010.

Chapter I General Provisions



Article 1


(1) Local police duties are established in order to defend the fundamental rights and freedoms of individuals, private and public property, preventing and detecting offenses in the following areas:


A) the public order and security of goods;


B) of public roads;


C) discipline in constructions and street;


D) environmental protection;


E) the commercial activity;


F) the evidence;


G) other areas established by law.


(2) Local police operate on the principles: legality, reliability, predictability, proximity and proportionality, openness and transparency, efficiency and effectiveness, accountability and responsibility, impartiality and non-discrimination.


Article 2


(1) Local police operate:


A) in the interest of the local community, and based solely on law enforcement and the acts of the executive authority deliberative and local government;


B) in accordance with the regulations specific to each area of ​​activity, established by administrative acts of central and local public administration authorities.


(2) notify local police immediately by authorized bodies on issues data breaches other than those established its competence, of which he became aware while performing specific tasks and activities.


(3) In exercising its duties, cooperate with local police units, respectively territorial structures of the Romanian Police, the Romanian Gendarmerie, Romanian Border Police and the General Inspectorate for Emergency Situations, other administration authorities central and local government and collaborate with nongovernmental organizations as well as individuals and legal entities under the law.


(4) requests the intervention of local police units / competent territorial structures of the Romanian Police and the Romanian Gendarmerie for any other situation that exceeds its duties under this law.


(5) Local police may conclude with other authorities and public institutions covering cooperation protocols detailing the ways in which, within its legal competence of each structure, they offer their support in carrying out specific activities or missions.


Article 3


(1) in the commune, town, municipality or sector of Bucharest, where appropriate, where community police established according to Law no. 371/2004 on the establishment, organization and functioning of the Community Police, with subsequent amendments **), it reorganized the structure of local police, according to 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, was repealed by art. 45 para. (3) of Law no. 155/2010, as amended, except art. 8:21 p.m. on guard to ensure the public services of county interest objectives.

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(2) in the commune, town, municipality or sector of Bucharest, where appropriate, where community policing is not established according to Law no. 371/2004, as amended and supplemented, can organize local police structure, according to Art. 4.


Chapter II Organisation


local police
Article 4



(1) Local police are organized and operate, by decision of the deliberative authority of local government as a functional department in the mayor's specialized apparatus / mayor or a local public institution with legal personality.


(2) In Bucharest, the local police is organized and operates as follows:


A) by decision of the General Council of Bucharest, Bucharest for local police;


B) by decision of the local council of each sector of Bucharest, the local police sector.


(3) Local police in an establishment / territorial-administrative subdivision may deploy local policemen from the local police from another unit / administrative-territorial subdivision, under the terms of the decisions made by local councils concerned and based on agreements between units / administrative-territorial subdivisions. The unit / administrative-territorial subdivision which detaches from the local police agreements with each unit / administrative-territorial subdivision whom services covered local police detachment. The unit / territorial-administrative subdivision in which detaches local police budget provides funding sources.


(4) The organization, functional structure, the positions, the number of posts and categories of staff employed, the rules for procurement and material consumption of local police shall be determined by rules of organization and operation, developed on the basis Regulamentului- organizational framework and functioning of the local police.


(5) The number of posts for contractual security functions is determined by the number and importance of the objectives to be provided with security.


(6) Local police in villages, towns, cities and districts of Bucharest is organized by acquiring stations and community police personnel and structures of the specialist of the mayor / mayor for control of discipline in construction, protection environment and trade, as appropriate, without exceeding the number of posts established under the terms of par. (4) and (5).


(7) Rules of organization and functioning of local police approved by decision of the deliberative authority of local government, in accordance with Law No local government. 215/2001, republished, as amended and supplemented, the endorsement of the local committee of public policy, constituted according to Art. 28.


Article 5


Local police departments are organized on functional-level general directorates, directorates, services and / or offices, according to the Regulation for organization and functioning of local police.

Chapter III Powers


local police
Article 6


In the field of public order and guard the goods, local police shall:

A) maintain public order in areas and places established by public order and safety plan of the unit / administrative-territorial subdivision approved under the law;


B) maintain public order in the vicinity of schools, public, public health units in car parks located on public or private establishment / territorial-administrative subdivision, commercial and recreational areas, parks, markets cemeteries and other public places also owned and / or administration units / territorial-administrative subdivisions or other institutions / services of local interest, set by public order and safety plan;


C) participate, together with the competent authorities provided by law, according to the competencies, activities rescue and evacuation of people and property endangered by natural calamity or disaster, and limiting and removing the effects of these events;


D) acting for identifying beggars, children deprived of parental care or supervision and legal representatives, homelessness and shall entrust their public service to address social concerns, according to the law;



E) notes offenses and sanctions, according to the competence, for failure to hold the legislation on dangerous dogs or aggressive management of the Programme of stray dogs and the animal protection and specialized management notify the dogs the existence of these stray dogs and supports specialized personnel in the capture and transport to shelter;


F) protect the specialist staff of the mayor / mayor, institutions or local public services to carry out specific actions or controls;


G) participate, together with other competent authorities, to ensure public order during meetings, marches, demonstrations, processions, picketing actions, commercial actions promotional, cultural-artistic, sporting, religious or commemorative appropriate and other such activities carried out in the public and involving crowds of people;


H) ensure protection of goods and objectives owned unit / administrative-territorial subdivision and / or administration of local authorities or other services / local public institutions established by the local council / General Council of Bucharest;


I) Notes offenses and sanctions for non-compliance with laws on social cohabitation established by law or administrative action of central and local public administration authorities for the facts established within the area of ​​jurisdiction;


J) runs under the law, bringing mandates issued by the prosecution and the courts that arondează unit / administrative-territorial subdivision, for people living in the area of ​​competence;


K) participate, along with Romanian Police, the Romanian Gendarmerie and other forces that make up the integrated public safety and order, preventing and combating crime street;


L) cooperate with regional centers in the awarding military orders calling for mobilization and / or clarification of the situation of military reservists Ministry of Defence;


M) ensure protection of bailiffs at foreclosures;


N) granted the territory units / territorial-administrative subdivisions, immediate support competent structures responsible for the maintenance, insurance and riot control.


Article 7


In the area of ​​road traffic, local police shall:

A) ensure fluency of road traffic under the territorial jurisdiction, entitled to carry out regular signals to stop vehicle drivers only for the performance of the powers conferred by this Act on traffic on public roads;


B) check that the traffic sign and notifies irregularities observed on the operation of traffic lights, signs and road markings status and assist in areas where road markings shall be applied;


C) participate in joint actions with the road administrator to remove the effects of natural phenomena, such as heavy snow, blizzards, strong winds, heavy rain, hail, ice and other such phenomena on public roads;


D) participate, along with units / territorial structures of the Romanian Police, the movement caused by measures to ensure public meetings, rallies, marches, demonstrations, processions, picketing actions, commercial actions promotional, cultural and artistic events, sports religious or commemorative, where appropriate, as well as other activities taking place on the public road and involving crowds of people;


E) support units / territorial structures of the Romanian Police in ensuring measures for special transport and movement of the loader on the territorial competence;


F) support units / territorial structures of the Romanian Police in taking measures to ensure traffic safety and fluency;


G) provide casualty accidents, these accidents guard spot and take the first steps to be taken for the conservation of all, identify witnesses and offenders and, if necessary, transport the victims to the nearest health facility;



H) notes offenses and sanctions for violation of legal rules on stopping, parking, vehicle parking and access denied, having the right to dispose of measures to remove the vehicles illegally parked;


I) Notes offenses and sanctions for violation of legal norms on the maximum permissible mass and access to certain sections of the road, having the right to carry signals off the heads of these vehicles;


J) notes offenses and sanctions for violation of traffic rules by pedestrians, cyclists, drivers of mopeds and animal drawn vehicles;


K) notes offenses and sanctions for breaching the law on the movement in the pedestrian zone, in the residential area, parks and recreational areas, as well as parking adapted, reserved and signaled through international sign for handicapped ;


L) provisions of the legal status of stray or abandoned vehicles on private land or public property of the state or units / territorial-administrative subdivisions;


M) cooperate with units / territorial structures of the Romanian Police to identify the owner's / user's vehicle is stationary high due to irregular or vehicles abandoned on public land.


Article 8


In the discipline in constructions and street display, local police shall:

A) carry out checks to identify works carried out without a building permit or demolition, as appropriate, including construction provisional;


B) carry out checks to identify persons who do not comply with the authorization of works of repair of the roadway and pedestrian;


C) verify compliance with legal norms on display advertising, campaign posters and other forms of display / advertising, including those relating to the company's location at the place of business;


D) participate in actions demolition / dismantling / construction blasting undertaken without authorization on public or private establishment / territorial-administrative subdivision or on premises under the administration of local authorities or other institutions / public interest services local by providing perimeter protection and freedom of action of the staff involved in these specific operations;


E) Notes, as applicable, as established by law, misdemeanors discipline in the permitting execution of construction works and forward the documentation establishing contraventions, to enforce sanctions specialized department head who coordinates the planning planning and urbanism or, where applicable, the county council president, the mayor's administrative-territorial unit or sector of Bucharest in whose jurisdiction the offense was committed or the person authorized by them.


Article 9


In the environmental area, local police shall:

A) controls the legal provisions on conditions for lifting, transportation and storage of household and industrial waste;


B) notifies the competent public authorities and institutions breaches of legal rules on the level of pollution, including noise;


C) participate in the fight against zoonoses and animal diseases particularly serious;


D) identifies goods abandoned on public or private establishment / territorial-administrative subdivision or spaces under the administration of local authorities or other institutions / services of local interest and applicable legal procedures for taking them;


E) verify sanitizing water sources, river banks, river beds or their basins;


F) checks to ensure sanitation of the streets, access roads, green areas, gutters, removing snow and ice from the doorways, buildings Pest and vermin;


G) checks for sanitation contracts concluded by natural or legal persons under the law;


H) verify lifting waste operators sanitation in accordance with set schedules;



I) verify and correct, according to the specific competencies of local authorities, citizens' complaints on non-legal norms of environmental protection and water sources, as well as the management of settlements;


J) notes offenses and sanctions for violation of legal rules to achieve specific tasks set out in letter a) -i), imposed on the local authorities.


Article 10


In the field of business, local police shall:

A) act for the legal provisions relating to the conduct of street commerce and trade activities, and places that conditions set by local government authorities;


B) verify the legality of product marketing activities carried out by operators, individuals and legal entities authorized and private producers to food markets and fairs, as well as legal provisions by administrators food markets;


C) verifies the existence at the place of business permits, approvals, documents of origin of goods, bulletins for metrological scales, opinions and other documents prescribed by laws or administrative acts of administrative authorities central and local government;


D) verify compliance with legal rules on trade of religious;


E) verify compliance with legal rules regarding the placement of advertising materials and places marketing of tobacco products and alcoholic beverages;


F) verify the legal provisions on the supply and operation schedule of economic operators;


G) identifying the goods and goods abandoned on public or private administrative-territorial unit and across Bucharest sectors or areas under the administration of local authorities or other services / institutions of local interest and applicable legal procedures lifting thereof;


H) verify compliance with the rules and regulations of trade and services established by legislation in the competence of local government;


I) cooperate with and advises governments control health, environmental and consumer protection in the exercise of their duties specific to the activities thereof;


J) verify compliance with the obligations of economic operators on the display of prices, products and services sold and inform the competent authorities if it identifies irregularities;


K) review and settled under the law, the petitions received in connection with production activities, trading or services performed in public places in violation of law;


L) notes offenses and sanctions for violation of legal rules to achieve specific tasks set out in letter a) j) imposed on the local authorities.


Article 11


In obvious for people, local police shall:

A) persons voter cards handed out at the age of 18;


B) cooperate with other competent authorities to verify, at their request, of personal data if the request is justified by the need to fulfill a attributions provided by law, subject to legal regulations concerning the processing of personal data and the free movement of such data;


C) determines offenses and sanctions for non-compliance with legal rules on domicile, residence and identity documents of Romanian citizens, including persons have obligations laid down in art. 38 para. (2) of the Emergency Government Ordinance no. 97/2005 on the records, domicile, residence and identity documents of Romanian citizens, republished, with subsequent amendments;


D) cooperate with community public services for People for the legalization of people with expired IDs and minors over the age of 14, who do not have identity papers.


Article 12


In the case of flagrant crimes, local police personnel act in accordance with the provisions of art. 293 of Law no. 135/2010 on the Code of Criminal Procedure, as amended and supplemented.

Article 13



If the joint execution units / structures of the Romanian Police or the Romanian Gendarmerie in continuing missions or public order or for routing traffic, the number of local police acting under the direct supervision of the Romanian Police and the Romanian Gendarmerie , as the case.

Chapter IV

Staff
local police
Article 14


(1) local police staff is composed of:


A) civil servants occupying public positions specific local policeman;


B) civil servants who occupy the general public;


C) contractual staff.


(2) Can hold public office specific local police officials performing tasks such as those referred to in art. 6, except art. 6 letter h), and art. 7-11.


(3) The personnel of the local police to perform the tasks stipulated in art. 6 letter h) has the status of contract staff.


(4) Employment classes and professional degrees in Public specific local policeman is consistent with the general public regarding the function of the Law no. 188/1999 regarding the statute of civil servants, republished, as amended and supplemented.


Article 15


Local police chief and his deputy are appointed to leadership in accordance with Law no. 215/2001, republished, as amended and supplemented, and the Law. 188/1999, republished, as amended and supplemented.

Article 16


(1) The service of local police and civil servants who occupy the general public are established, modified, suspended and terminated under the terms established under this law and the Law. 188/1999, republished, as amended and supplemented.


(2) The employment of contract staff of the local police are established, modified, suspended and terminated under the terms of labor laws and the contractual staff with responsibilities in guarding property and objectives of local interest and subject to the conditions provided by Law no. 333/2003 on the protection of objectives, goods, values ​​and persons, republished.


Article 17


(1) During the service, local police and employees of the local police with responsibilities in guarding property and objectives of local interest uniformed and exercise the powers provided in the job, according to this law.


(2) local policeman is vested with the exercise of public authority, during and in connection with the performance of official duties and powers, within the powers set by law, and within the provisions of criminal law concerning persons who fulfill a function involving the exercise of state authority.


Article 18


(1) After the appointment, local police duties in the field of public order and peace, and those with responsibilities in the road, coming from the police community are obliged, within 6 years to complete an initial training program organized in an educational institution of the Ministry of Internal Affairs.


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Alin. (1) art. It amended by section 18. 1 of art. XXI of the Emergency Ordinance no. 2 of 11 March 2015 published in the Official Gazette no. 176 of 13 March 2015.

(2) After appointment, local police duties in the field of public order and peace, and those with responsibilities in the road, then selected operational structures of local police, under art. 3 paragraphs. (1) and those selected for assigning local police station structures established under art. 3 paragraphs. (2) the obligation, within a year to complete an initial training program organized in an educational institution of the Ministry of Internal Affairs.


(3) An exception from par. (1) and (2) local policemen coming from public order and security structures of the Interior Ministry, and those who followed a program of initial training in an educational institution of the Ministry of Internal Affairs.


(4) Duration of the training provided in par. (1) and (2) it is at least 3 months.



(5) Completion of the training provided in par. (1) and (2) is made through a graduation exam, according to the curriculum. After passing the exam, local police obtained a graduation certificate issued under the law by organizing institution.


(6) Notwithstanding the provisions of Law no. 188/1999, republished, as amended and supplemented, if, after the expiration of five years in para. (1) respectively of one year in para. (2) local police has not completed initial training program, it is released from the public.


(7) The cost of school fees related to individual local police training programs provided in par. (1) and (2) shall be covered from the budget of local police or the local budget as appropriate.


(8) The organization of training programs in para. (1) and (2) and its educational programs are established by Framework Regulation of organization and functioning of local police.


(9) Training of staff involved in guarding property and objectives of local interest is performed under Law no. 333/2003, republished.


(10) conditions of employment for staff in charge of protecting the environment and trade, as well as personnel with control line construction discipline is determined by its own organization and operation, based on the relevant legal provisions and the Regulation for organization and functioning of local police.


Article 19


To represent their interests in relations with government authorities and local civil servants and employees of local police may associate in the law.

Chapter V


rights and obligations of local police
Article 20


(1) In performing its duties according to the law, local police have the following main rights:


A) carry out preventive control over the individual and / or luggage in the following cases: there are clear indications that he committed, is committing or preparing an offense or a person participating in public events organized in places where it is forbidden to weapons, goods or hazardous substances;


B) call the local police headquarters persons whose presence is necessary for the performance through disclosure in writing of the purpose and the reason for the invitation;


C) to seek public support for identifying, tracking and catching those who have committed criminal offenses or contravention;


D) to carry and use, under this law, and only while on duty, arms, ammunition and other means of defense and intervention equipment;


E) to travel free on the ticket service, during service in the area of ​​competence, the means of local transport for the execution of missions that can not be met otherwise;


F) to use force, under the law, in proportion to the facts that justify its use, to infringements which gave them in the line of duty;


G) to legitimize and establish the identity of persons who violate laws or are indications that they are preparing or have committed an illegal act;


H) lead the local police headquarters or facilities / territorial structures of the Romanian Police to those who by their actions jeopardize physical integrity, health or life, public order or other social values, as well as persons suspected of committing acts illegal whose identity could not be established by law. Checking the status of these individuals and legal measures, as appropriate, shall be carried out within 12 hours after detection, as an administrative measure.


(2) To exercise the duties, local police have access, under the law, the databases of the Ministry of Interior. To this end, local police or unit / territorial-administrative subdivisions, as appropriate and competent structures of the Interior Ministry concluded collaboration protocols that govern communication infrastructure, security measures, protection and assurance of data confidentiality, the access and usage rules.


Article 21


(1) In exercising their duties, local police must:



A) respect the rights and freedoms of citizens, provided by the Romanian Constitution and the Convention for the Protection of Human Rights and Fundamental Freedoms;


B) to respect the rule of law and to defend democratic values;


C) comply with the laws and administrative provisions of the central government and local authorities;


D) to respect and to carry out the orders and laws of superiors;


E) to respect the rules of professional conduct and civic provided by law;


F) to decline in advance quality and submit a police badge and service cards, except the outcome of the action is compromised. Upon entering the action or early intervention that can not be postponed, local policeman is obliged to appear, and after completion of any action or intervention to introduce themselves and state office and local police unit to which he belongs;


G) to step in and outside office hours within the means at its disposal to exercise their duties, within the area of ​​jurisdiction, when made aware of the existence of circumstances that justify intervention;


H) to appear immediately to local police headquarters or where requested in disaster, calamity or major disturbances of public order or such other events as well as the imposition of state of emergency times state of siege or in case of mobilization and war;


I) to observe professional secrecy and the confidentiality of data acquired during work in the law, unless the job done, or the needs of justice require disclosure law;


J) to exercise fairness in solving personal problems, so as not to receive nor give the impression that receive confidential information obtained in his official capacity.


(2) local policemen not:


A) to be members of parties, parties or organizations or to carry out propaganda in their favor;


B) express opinions or political preferences at work or in public;


C) participate in meetings, rallies, processions or any other political meetings;


D) to join sects, religious organizations or any other organizations prohibited by law;


E) conduct, directly or through intermediaries, trading activities or to participate in the administration or management of operators, with the exception of qualification as a shareholder;


F) engage in activities liable to harm the honor and dignity of local police or institution to which he belongs;


G) hold any other public or private that is remunerated, except for teaching positions in educational institutions, the scientific research and literary and artistic creation;


H) participate in carrying out any form of control in any public or private entity, where, directly or through intermediaries, is engaged or has interests contrary to the nature of the specific activity of the police;


I) to cause suffering or distress to individuals, to obtain from him or a third person information or a confession;


J) to receive, solicit, accept, directly or indirectly, or make the promise to themselves or others, considering its quality official gifts or other advantages;


K) to resolve claims not within its jurisdiction or which have not been distributed by superiors or intervene to resolve such claims, for the purposes referred to in subparagraph j);


L) to collect money from individuals or legal entities;


M) to write, print or distribute materials or publications of a political nature, immoral or illegal.


(3) local policeman responsible for the management and provisions for orders to subordinates. He is obliged to check that they have been communicated to and understood correctly and check how the accomplishment.


(4) local policeman for the management is obliged to support proposals and initiatives forwarded by the staff, local police work to improve the operating and quality of public services provided to citizens.



(5) local policeman responsible under the law for the way they exercise their professional duties. Violation by the local police duties liable to disciplinary, patrimonial, civil or criminal case law.


(6) local policeman is obliged to refrain from any act that could harm natural or legal persons or the prestige of the local police and / or public authorities.


Article 22


In performing the tasks set by this law, local police staff exercising jurisdiction across unit / territorial-administrative subdivision where they operate.

Article 23


For outstanding contributions to the defense of public order, rights and freedoms of citizens and prevent antisocial acts, for exemplary fulfillment of duties, local police may be granted moral or material rewards, as determined by the framework regulation of organization and functioning of local police.

Chapter VI

use inventory assets and use of weapons

Article 24


(1) To deter, prevent and neutralize aggressive actions of persons who disturb the public order, action that could not be removed or dismantled using other means local police can use non-lethal weapons for self-protection, rubber batons or tomfe, electric shock batons, tear devices irritating substances and stun cuffs, sniffer dogs and other means of restraint that does not endanger life or cause serious injury.


(2) means provided in par. (1) can be used against persons:


A) take action threatening physical integrity, health or property of others;


B) blocks, outside the law, public traffic routes, trying to penetrate, penetrate no right or refuse to leave the premises of public authorities, political parties, institutions and public or private organizations, jeopardize in any way or their integrity or security personnel or disturb normal course of business;


C) ultragiază people with positions involving the exercise of public authority;


D) preclude or not subject to, by any means, fulfilling the legal demands of local police, unless there is a legitimate fear that their actions could endanger the life or physical integrity of local police officers.


(3) use of means provided in par. (1) aggressive actions against participants will be done gradually, after prior warning of the use of such means and time required for granting the cessation of acts and compliance with legal requests of local police officers. Any action by public announcement is made: "Police!".


(4) use of means provided in par. (1) shall not exceed the real needs to prevent or neutralize the aggressive actions.


Article 25


(1) local policeman equipped with lethal weapons for defense and security can make use of a weapon in self-defense, state of emergency law, or for performing duties.


(2) contractual staff performing guard, equipped with lethal weapons for defense and security, can make use of the weapon in self-defense or state of emergency law.


(3) For the purposes of this law, use of weapon firing gun lethal means of defense and security of persons, animals or property.


(4) When using other means of restraint or coercion did not work, local police can make use of a weapon in fulfilling their duties in the following circumstances:


A) for defense of any person from imminent violence, which can cause death or serious injury or who pose threat to life or physical integrity of a person;


B) to immobilize a person who, after committing a crime by violence, oppose or try to escape and remain at large it may endanger the life or physical integrity of persons.


(5) The use of weapons is only after the injunction: "Police, freeze!". In case of disobedience, the summons again the words, "Wait, I'll shoot." If the person concerned is not subject to either this time, it summons by shooting a gun up vertically.



(6) If, after completion of legal summons, par. (5) the person shall not be subject, can make use of a weapon against it.


(7) The use of a weapon, in the conditions and situations provided by paragraph. (4) - (6) is made so as to lead to immobilization of those against whom to use the gun, pulling it as far as possible, toes, to avoid causing their death.


(8) In case of self defense or state of emergency can be used lethal weapons for defense and security, without warning, if there is time needed for it.


Article 26


Every situation in which it is reported use of emergency hierarchical weapon. As soon as possible, the report shall be in writing. If you use a weapon after death of or injury to a person, the deed is immediately communicated to the competent public prosecutor under the law.

Article 27


(1) prohibits the use of the means provided for in art. 24 and 25:


A) against children, women with visible signs of pregnancy and people with visible signs of disability, unless they commit an armed attack or groups who endanger the life or physical integrity of a person;


B) in circumstances that would endanger the lives of other people or would violate territory, airspace, or national waters of a neighboring state.


(2) use of means provided for in art. 24 and 25 for the performance of their duties, under the conditions and circumstances under this law removes the criminal nature of the act.


(3) Persons injured are given first aid and taken immediate action to medical care.




Chapter VII Powers of local authorities to the organization and functioning of local police

Article 28


(1) in each community, each city, town and district of Bucharest where local police work is organized and operates local committee of public policy, by decision of the local council of the General Council of Bucharest called further local committee, which is an advisory body.


(2) Local Commission is constituted, as appropriate, of: primary or if Bucharest Mayor, Head of Unit / territorial structure of the Romanian Police or his representative, the local police chief, the secretary of the administrative territorial unit and three councilors local or general counsel for Bucharest, appointed by the deliberative.


(3) local committee meetings are chaired by the mayor or the mayor for Bucharest.


(4) The operation of the local commission shall be determined by rules of organization and functioning, adopted by the city council by the General Council of Bucharest.


Article 29


(1) Local Commission shall:


A) ensure cooperation between public institutions and services in charge of law and order and public safety at the unit / administrative-territorial subdivision;


B) endorse the draft rules of organization and functioning of the local police;


C) develop the project for the public order and safety of the unit / administrative-territorial subdivision, which update it annually;


D) periodically review the activities of maintaining public order and safety at the unit / administrative-territorial subdivision and make proposals for resolving deficiencies and for the prevention of affecting social climate;


E) assesses specific requirements and make proposals on the staff of the local police;


F) submit annual reports deliberative authority over the performance of the provisions of public order and safety plan of the unit / administrative-territorial subdivision. Based on the conclusions of the analyzes suggests local authorities initiate draft resolutions that would prevent facts affecting social climate.


(2) local committee secretariat is provided by persons with the necessary powers of the mayor's specialized apparatus, namely the mayor of Bucharest.


(3) Local Commission meets quarterly or whenever necessary, convened by the mayor / mayor of Bucharest or one third of local councilors / general counsel.


Article 30



In the organization and functioning of local police, deliberative authority of local government shall:

A) approve the rules of organization and functioning of local police in accordance with Law no. 215/2001, republished, as amended and supplemented, and the present law;


B) determine, in accordance with Law no. 215/2001, republished, as amended and supplemented, procedures and criteria for organizing the contest to fill the position of chief of local police, where the entry into force of this law is not occupied as head of community policing as Following the promotion of the contest organized for this purpose;


C) establish, in law, specific criteria for evaluating the work of local police;


D) approve, according to its powers, material and financial conditions necessary for the operation of local police;


E) examine, with the local committee, local police work, under the law, and sets out measures to improve its business;


F) establishes the local commission's proposal, the measures necessary for the proper functioning of the local police and to frame its work in the rules and procedures established by regulatory unit;


G) approve, on a proposal from the local commission, public order and safety plan of the unit / administrative-territorial subdivision.


Article 31


(1) the organization and functioning of local police, mayor / mayor of Bucharest shall:


A) appoints, sanctions and order the suspension, modification and termination of service or, where relevant, of work by local police personnel, including its chief, if local police organization in specialty apparatus, and only the local police chief and his deputy, if its organization as a public institution of local interest;


B) submit to the approval authority deliberative material and financial resources necessary for carrying local police;


C) directs, supervises, controls and reviews the local police as a public service of local interest;


D) ensure the fulfillment of the local council decisions / Bucharest General Council on the organization and functioning of local police;


E) assessing the work of local police, according to specific criteria established by the deliberative authority of local government;


F) has deliberative authority, annually or whenever necessary, reports on the functioning of the local police;


G) submit to the approval authority deliberative rules of organization and functioning of the local police;


H) subject to the approval authority deliberative procedures and criteria for organizing the contest for the office of the local police chief;


I) holds regular consultations with the local community, with the participation of unit / territorial structure of the Romanian Police and NGOs, on the priorities and activities of the local police;


J) receives and complaints about deficiencies in the work of local police and work on improving security and maintaining public order;


K) empowers the provision that local police official examiners in any situations where this quality is determined by laws, mayor / mayor of Bucharest.


(2) If the local police organized as a local public institution with legal personality, the local police chief, under the law, appoints, sanctions and orders the suspension, modification and termination of service or, where appropriate, relationships working staff, except himself and his deputy.


Chapter VIII


facilities and funding local police
Article 32


(1) Local police may hold, manage and / or use, as applicable, under the law, real estate, transportation customized and equipped with warning devices sound and light blue, ie vehicles designed to carry goods and values ​​provided by law, weapons, ammunition, equipment and specific technical equipment necessary for performing duties prescribed by law.



(2) Ownership of any material assets belonging to local police endowment administrative-territorial unit, except those leased taken into administration or use of other public or private entities, as appropriate.


(3) Customizing equipment, the means of uniforms and distinctive signs of local police must include the name of the establishment / territorial-administrative subdivision across which is organized and operates.


(4) Local police may, under the conditions set by the Framework Regulation of organization and functioning of local police personnel and dispatchers to coordinate intervention, with their crews, at the objectives in competence.


Article 33


(1) local police staff has uniform, distinguishing marks and, where appropriate, with:


A) defense and security lethal or non-lethal weapons for self-defense;


B) individual means of protection, intervention and restraint mentioned in art. 24 para. (1) if local police, or the provisions of art. 43 *) of Law no. 333/2003, republished, where contract staff.


Note



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*) Art. 45 became art. 43 resulting from the renumbering of Law no. 333/2003 on the protection of objectives, goods, values ​​and persons, republished in the Official Gazette of Romania, Part I, no. 189 of 18 March 2014.

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(2) Structures local police are authorized to procure and possess lethal weapons for defense and security and for non-lethal self defense weapons and corresponding ammunition for arming their staff, under art. 69 *) of Law no. 295/2004 on the regime of weapons and ammunition, republished, as amended.


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*) Art. 68 became art. 69 resulting from 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 of 17 November 2011.

(3) local policemen responsible in ensuring public order and peace that have obtained the certificate of graduation from initial training program provided for in art. 18 para. (1) and (2) and contractual personnel performing guard and has been professionally certified according to Law no. 333/2003, republished, may be armed with lethal weapons for defense and security or for non-lethal weapons for self-defense, to specific activities, with proper application of art. ** 70 and 71) of Law no. 295/2004, republished, as amended.


Note



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**
) Art. 69 became art. 70 and art. 70 became art. 71 resulting from 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 of 17 November 2011.

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(4) Pending the completion of the acquisition of own all the necessary arms and ammunition equip local police with these types of technical means can be provided by leasing the Interior Ministry, as determined by the Minister of Internal Affairs, or the Ministry of national Defence, as determined by the Minister of national Defence.


(5) Framework regulation of organization and functioning of local police shall be determined by law, the rules of equipment, staff categories are equipped with individual means of defense, interference, restraint, weapons and ammunition, types of weapons port, how storage, handling, safety and evidence thereof.


Article 34


Salary rights of local police personnel will establish the rules applicable to personnel of the mayor's specialized apparatus, namely the mayor of Bucharest.

Article 35


In addition to salary rights provided for in art. 34, local police and the longer entitled:

A) the reimbursement of transport when traveling for work;


B) assignment of the activity under special conditions, special or other working conditions, according to the law;


C) provision by the local unit / administrative-territorial subdivision, by the General Council of Bucharest, legal assistance of local police for offenses committed by him in the exercise under the law, the duties under the conditions established by the rules of organization and functioning of local police;



D) providing compensation for life, health and property as determined by the framework regulation of organization and functioning of local police and within the budget approved by the local council / General Council of Bucharest.


Article 35 ^ 1


(1) Local authorities may grant within the budget approved by the decision of the local council, local police personnel norm of food according to Government Ordinance no. 26/1994


Rights of food, in peacetime, the staff of the national defense, public order and national security, republished, as amended and supplemented.
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Alin. (1) art. 35 ^ 1 has been amended pt. 2 of art. XXI of the Emergency Ordinance no. 2 of 11 March 2015 published in the Official Gazette no. 176 of 13 March 2015.

(2) The methodology and rules for the implementation of the rights provided under par. (1) shall be established by Government decision, the proposal Ministry of Regional Development and Public Administration.


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Alin. (2) art. 35 ^ 1 was introduced by art. unique ORDINANCE no. 7 of 28 January 2015 published in the Official Gazette no. 81 of 30 January 2015.
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Art. 35 ^ 1 was introduced by art. XI of the Emergency Ordinance no. 65 of 15 October 2014 published in the Official Gazette no. 760 of 20 October 2014.

Article 36


In the death of a local policeman during or in connection with the exercise of their duties, be granted his family or person who incurred expenses related to the death, if appropriate, additional aid equal to 3 deaths at their base salaries date of death.

Article 37


(1) In exercising their duties, local police receive special protection under the law, similar to a police officer of the Romanian Police.


(2) local policeman and his family members are entitled to protection under the law, the specialized structures of the state to threats or violence they could face as a result of performing their duties.


Article 38


(1) local policemen and contractual staff of the local police with responsibilities in guarding property and objectives of local interest, are provided free uniforms and protective equipment appropriate specific missions they perform, and where, in the performance of duties, they were damaged or destroyed clothing or other personal belongings, are entitled to adequate compensation.


(2) Uniforms personnel provided in par. (1) the form and content of signs and documents of its legitimacy are those set out in the Framework Regulation of organization and functioning of the local police.


(3) On termination of service or employment, personnel provided in par. (1) has an obligation to surrender forthwith uniform, insignia, protective equipment and documents of legitimation.


(4) Termination of service of local police for reasons imputable to him, within 5 years from graduation initial training program provided for in art. 18 para. (1) and (2), subject to the payment by him of the value of school fees in proportion to the remainder.


Article 39


(1) current and capital expenditures of local police operating as a public institution with legal personality shall ensure own revenues and subsidies from the local budget.


(2) If the local police is organized as a functional department in the mayor's specialized apparatus / General Mayor of Bucharest, his work is entirely financed from the local budget.




Chapter IX Final and transitional

Article 40


(1) to operationalize the local police structures established under this law, can detach civil servants with special status under the Statute policeman ***), the territorial units of the Romanian Police, to the posts, for a period of up to one year.


Note



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***) See Law no. 360/2002 on the Statute policeman, published in the Official Gazette of Romania, Part I, no. 440 of 24 June 2002 amended and supplemented.

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(2) Number of civil servants seconded to the special status shall be determined in a joint analysis conducted by the unit / territorial structure of the Romanian Police and local government authorities concerned.



(3) The civil servant with special status is based on the protocol signed between the local council of unit / administrative-territorial subdivision, namely the General Council of Bucharest, and unit / territorial structure of the Romanian Police, in accordance with policeman status.


(4) The duties of civil servants with special status, seconded par. (1) shall be determined in accordance with this law.


(5) Civil servants with special status, detached from units / territorial structures of the Romanian Police, police Statute applies and the regulations governing wages and other rights of police officers.


Article 41


Local police units / territorial-administrative subdivisions in which it is organized as a local public institution with legal personality takes over, under the law, existing heritage structures of community policing.

Article 42


Local police budget is determined according to regulations and approved by decision of the deliberative authority on a proposal from Mayor / Mayor of Bucharest.

Article 43


(1) Local police whose structure functional departments with responsibility for road ends protocols database administrator, provides the necessary technical means and staff training for this activity, for entry into the database penalty points imposed following the finding of irregularities in road traffic regulations within one year after the entry into force of this law.


(2) Until compartments in para. (1) implement measures in para. (1) Minutes of establishing contraventions concluded by local police with responsibilities in traffic for misconduct involving the application of penalty points shall be communicated within 24 hours, copy, units / territorial structures of the Romanian Police to be entered in the database, based on the protocol concluded between the parties. In Bucharest, all statements that include penalties for minor offenses complementary, imposing penalty points under the legislation on public roads shall be communicated brigade traffic police or police station competent authorities, to be placed under data.


(3) local police structures designate staff responsible for the introduction of penalty points database that will work for one year with the persons designated in the traffic police, in order to specialize.


(4) local cops specializing in road traffic performs his duties with the specialized structures of the Romanian Police, for a period of one year from the establishment of local police unit / respective administrative-territorial subdivision.


Article 44


(1) If the mayor / mayor of Bucharest considers that the tasks of local authorities in line local police are not performed properly or has pointers / complaints about violations of the law by local police may request the prefect support decentralized public services of ministries to carry out an examination.


(2) Control of the activities of local police may be ordered by the Minister of Internal Affairs, on his own initiative or, where applicable, the prefect, General Director of the General Directorate of Bucharest Police Chief Inspector times the county police inspectorate, only after the acknowledgment prior to the mayor / mayor of Bucharest.


(3) Any control is limited to ensuring compliance with strict constitutional principles and specific legality. Control results shall be sent to the mayor / mayor of Bucharest and presented in session, the local council / General Council of Bucharest.


Article 44 ^ 1


(1) Day 21 May Day is declared local police.


(2) Local authorities and interested non-governmental organizations can support organize events celebrating this day.


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Art. 44 ^ 1 was introduced by art. LAW no unique. 138 of 8 June 2015, published in Official Gazette no. 408 of 10 June 2015.

Article 45


(1) This Law shall enter into force on 1 January 2011.



(2) Within 90 days of the publication of this law in the Official Gazette of Romania, Part I, Ministry of Interior shall, in consultation with the associations of local authorities, the Framework Regulation for the organization and functioning of local police, approved by Government decision *).


Note



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*) See Government Decision no. 1.332 / 2010 approving the Regulation for organizing and functioning of the local police, published in the Official Gazette of Romania, Part I, no. 882 of 29 December 2010.

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(3) Upon 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 27 September 2004, with subsequent amendments, with the exception of Art. 8:21 p.m. on guard to ensure the public services of county interest objectives.


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