Law No. 60 Of September 23, 1991 (Republished) Regarding The Organization And Conduct Of Public Assemblies *)

Original Language Title:  LEGE nr. 60 din 23 septembrie 1991 (*republicată*) privind organizarea şi desfăşurarea adunărilor publice*)

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LAW no. 60 of September 23, 1991 (republished)
on the organization of public assemblies *)
Issued



PARLIAMENT Published


Official Gazette no. 186 of March 14, 2014

----------

Note


*) Republished under art. 248 of Law no. 187/2012 for the implementation of Law no. 286/2009 on the Criminal Code, published in the Official Gazette of Romania, Part I, no. 757 of 12 November 2012, as corrected in the Official Gazette of Romania, Part I, no. 117 of 1 March 2013, as amended, giving the texts a new numbering.

Law. 60/1991 was republished in the Official Gazette of Romania, Part I, no. 888 of 29 September 2004.

Chapter I General Provisions



Article 1


(1) The freedom of citizens to express their political opinions, social or otherwise, to hold meetings, rallies, demonstrations, processions and other meetings and to participate in them is guaranteed by law. Such activities can only be achieved peacefully and without any weapons.


(2) public meetings - meetings, rallies, demonstrations, competitions, processions and the like - which is to be conducted in squares, public roads or in other outdoor places can be organized only after notification prior under this law.


(3) international sports competitions as well as international sporting events prior declaration is mandatory, regardless of their venue.


Article 2


Public meetings must be conducted in a peaceful and civilized, protect the participants and the environment without interfering with the normal use of public highways, public transportation, except as authorized, functioning public institutions or private, those education, culture and health, economic units often degenerate into riotous acts liable to endanger the public order, security of persons, physical, life or their property or the public domain, and can not be continued after 23 o'clock 00, in which case covered by Law no. 61/1991 for sanctioning the violation of rules of social life and public order, republished.

Article 3


Not be declared in advance of public meetings whose purpose is cultural and artistic events, sports, religious and commemorative those occasioned by official visits and those that take place outside or inside buildings or offices of legal entities public or private interest. If the organizers of public assemblies not subject to declaration prior hold clues or evidence that their development might result in acts of disorder or that could lead to violence, are obliged to apply early mayors, gendarmerie units territorial jurisdiction and local police support specialist.

Article 4


Mayor, town or village, the gendarmerie units and local police territorial jurisdiction are obliged to ensure normal conditions for the conduct of public assemblies, and organizers are required to take the action required for them to be in accordance art. 2.

Article 5


(1) The organization and conduct of public gatherings are banned in the vicinity of railway stations, ports, airports, subways, hospitals, military, economic units with installations or machines with high-risk operation.


(2) It is also forbidden to hold simultaneously two or more separate public meeting in the same place or the same routes, regardless of their nature.


Declaring Chapter II


prior public meetings
Article 6


To organize public meetings applicants will be addressed in writing to the mayor's administrative-territorial unit under whose jurisdiction the gathering to be held.

Article 7



Organizers of public meetings in town halls will submit written declaration municipal, city or utility whose territory they are to be conducted with at least 3 days before the date of their deployment, which must state the name under which the group is known organizer purpose, place, date, start time and duration of action, routes am and defluire, the approximate number of participants, persons who are to ensure and answer for measures of organization, the services they require from the local council, police and local gendarmerie, according to the model in Annex.

Article 8


(1) set up the committee for approval of applications for organizing public meetings in all local councils, composed of the mayor, the secretary of the commune or town, as appropriate, representatives of the police and gendarmerie.


(2) In justified cases, the organizers, review boards may modify some elements contained in their preliminary statement.


Article 9


Banned public gatherings are seeking:

A) propagating the ideas of the nature of totalitarian fascist, communist, racist, chauvinist or any terrorist organization, diversionary and defamation of the country and the nation, national or religious hatred instigation, incitement to discrimination, public violence and obscene conduct contrary to morality;


B) organize a coup or other actions contrary to national security;


C) violation of public order, public safety or morals, rights and freedoms of citizens or endangering their health.


Article 10


(1) The mayor at the proposal of approval, prohibit public gatherings organization when:


A) holds data from specialized organs, showing that their conduct would result in violation of Art. 2;


B) in the period, place and trails where they would be carried works are large-scale urban-household.


(2) Within two days the mayor is obliged to inform the organizers decision to prohibit that can be challenged under Law no. 554/2004, as amended and supplemented.


Article 11


Decision prohibiting conduct of the public meeting organizer is communicated in writing, showing the reasons that led it, within 48 hours of receiving the written declaration.



Chapter III Obligations regarding the organization of public meetings

Section I

obligations organizers and participants at public gatherings

Article 12


(1) The organizers of public gatherings must:


A) to record the statements of public assembly units gendarmerie territorial jurisdiction, at least 48 hours in advance;


B) determine the persons responsible for conducting public meetings;


C) ensure a proper serial device composed of staff wearing distinctive signs, agreed with the commander of the gendarmerie who ensures public order;


D) delineating the area of ​​public assembly by distinctive and visible signs, and when they are carried away, take steps to limit the circulation space occupied;


E) pay in advance, based on the estimate and invoice the services and facilities required for the normal development of the local councils of public meetings;


F) establish routes and find defluire participants and take action as occupying public spaces for conducting meetings to take place shortly before the start time activities and their abandonment is done immediately after the time limit set;


G) take measures to prohibit participation in public gatherings of people they have on their alcohol or are under their influence;


H) to take measures for removing participants by way of manifestation, disturbing public order and peace, and when they do not obey, his police report;


I) immediately discontinue public assembly if it finds that intervening acts of the kind referred to in art. 2; After restoring order in the public assembly as time goes initially approved;



J) prohibit participation in public gatherings of people they have on their weapons of any kind, explosives or incendiary substances irritating tear or paralyzing effect, electric shock devices or other items that can be used for violent action or the normal course of their disorder.


(2) If the participants in public gatherings brought petitions or memoranda, they can be presented to the recipient public by a group of up to 10 people.


Article 13


Participants in public meetings are required:

A) comply with recommendations made by the organizers of public assemblies, law enforcement or their delegates;


B) to refrain from actions that prevent the normal conduct of public assemblies and not to incite such actions by word of mouth or other means audiovisual show;


C) not to introduce or to have during public meetings objects of the kind referred to in art. 12 para. (1) g) and j);


D) to immediately leave the place where public meetings are held or when they were summoned by the organizers, their delegates or the police;


E) not to participate in public meetings intoxicated, not to drink and not to distribute alcohol or drugs.


Article 14


It is prohibited for persons or groups of persons not connected with public meetings organized to infiltrate among the demonstrators, aiming to disturb normal conducted.

Section II


municipalities Obligations
Article 15


Municipalities municipal, city or municipal shall:

A) establish by decision and to inform the public within 5 days of the publication of this law, places that fall under the provisions of art. 5;


B) provide, for a fee, services and technical facilities required for the normal conduct of public assemblies;


C) prohibit the sale of alcoholic beverages in places for conducting public meetings around or when deemed necessary, even across town, throughout their duration;


D) to undertake any other legal measures calculated to ensure peaceful and civilized character of public assemblies;


E) to reimburse the amounts advanced under Art. 12 para. (1) e) if the public assembly was banned for reasons other than those provided for in art. 9 or not attributable to the organizers.




Chapter IV Ensuring order on public gatherings during the

Article 16


Local police commanders and gendarmerie or persons designated by them are required to protect participants and organizers together to establish measures to be taken to conduct public assemblies declared in complete order.

Article 17


If public gatherings lose their peaceful and civilized character, police and gendarmerie troops will intervene to prevent or neutralize the manifestations that seriously disturb public order, endanger the life, physical integrity of citizens, troops order or threatens devastation or destruction of buildings and other public goods or private.

Article 18


In cases provided by art. 17, law enforcement will intervene using the law and created situations in relation to the technical means provided.

Article 19


(1) forceful intervention will be approved by the prefect or his deputy at the request of the gendarmerie forces commander who ensures public policy at the public meeting.


(2) Approval of forceful intervention is not required where the police exercised violence threatening imminent life, physical integrity or their health or other persons, or when there are serious indications that participants prepare or committed an illegal act.


Article 20


(1) The use of force will be made only after warning and challenged participants to disperse the gendarmerie officer appointed as head of the serial device. For the execution dispersed participants leave available an appropriate time determined in relation to their number and find ways.


(2) Warning and challenged unnecessary if the law enforcement violence is exercised or they are in imminent danger.


Article 21



The warning is the use of light and sound signals or attracting attention of the participants by means of sound amplification, the need for their dispersal and compliance.

Article 22


(1) If, after warning participants were not scattered, is said by means of sound amplification words: "The first notice: Attention, please exit, we use force", followed by sound and light signals.


(2) If, after a period of time required for spraying, it appears that the first notice was not taken, proceed to use the last injunctions, speaking words: "Last notice: Quit, use force" followed by sound and light signals.


(3) notices perception by all participants before tripping or using means of coercion, a signal light in rocket red.


Article 23


In case of absolute necessity, it is necessary the use of firearms by law enforcement, under the law, repeat, previously, the last notice or by rocket beacon red.

Article 24


Use of means of preventing or coercion will cease as soon as was done recess spaces, spreading the participants and public order was restored.

Chapter V Penalties



Article 25


Violation of this law entails, as appropriate, disciplinary, administrative, civil or criminal.

Article 26


(1) The following deeds, if not committed in such conditions that the criminal law, to meet the constituent elements of offenses:


A) organization and conduct of public gatherings undeclared, unregistered or prohibited;


B) respecting the hour of deployment, travel routes or public meeting place and for perimeter;


C) failure by the organizers of measures to interrupt the public meeting, if it finds that intervening acts of the kind referred to in art. 2;


D) participating in public gatherings prohibited and undeclared followed by the refusal of the places leaving them to law enforcement warnings and injunctions made by law;


E) incitement by any means, initiation or using violent or other events with the intention of frustration or confusion in any way, to public gatherings;


F) refusing to immediately leave the assembly, where the measure has been ordered by the rulers shares;


G) organizing or participating in counter-conducted simultaneously in the same place with public gatherings declared, whatever their mode of expression;


H) the introduction or sale of alcoholic beverages in places for conducting public meetings throughout their duration;


I) refusing to immediately leave the Assembly at the request of law enforcement law.


(2) The provisions of par. (1) a) -c) is fined from 1.000 to 10.000 lei, and those referred to in d), e), f), g), h) and i) with a fine from 500 lei to 5,000 lei.


(3) For offenses from par. (1) a) -c) are sanctioned as appropriate, organizers or individuals responsible for conducting public meetings.


Article 27


Offenses provided for in art. 26 is found by police officers and gendarmerie sergeants and mayors or their delegates, specially appointed.

Article 28


Provisions of this Act, on finding and sanctioning contraventions, complement those of the Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments by Law no. 180/2002, as amended and supplemented, and the Law for sanctioning the violation of rules of social life and public order in the prison contravention *). ---------


Note



*) From the entry into force of the Law amending the Constitution no. 429/2003 published in the Official Gazette of Romania, Part I, no. 758 of 29 October 2003, according to art. III para. (1) of the Emergency Government Ordinance no. 108/2003 for the abolition of prison offenses, published in the Official Gazette of Romania, Part I, no. 747 of 26 October 2003 approved by Law no. 28/2004, referring to the penalty of imprisonment for minor offenses shall be deemed made at the penalty provision of community activities whenever a law or ordinance provides that an offense is punishable by imprisonment contravention fine alternative.

Article 29


An offense punishable by imprisonment from 3 months to 2 years or a fine if the act does not constitute a more serious offense of violence against opposition organizers or their delegates to law enforcement or preventing them to -and legal duties to ensure order in the conduct of public assemblies.

Chapter VI Final



Article 30


(1) This Law shall enter into force on its publication in the Official Gazette of Romania, Part I.


(2) On that date is repealed Decree-Law no. 2/1990 on the organization of public meetings and Decree-Law no. 39/1990 on certain measures regarding the conduct of public assemblies, as well as any other contrary provisions.


Appendix

Model of prior declaration


No. NAME OF THE ORGANISER. .. From.
To,
.
(Town hall)
- Mayor -
We do know that on .. year month., Between the hours. and .. in town, County., site., will host a public meeting organized by us.
The meeting will be attended by about .. people.
Access routes to the place of the meeting and the dispersal will be ...
The purpose of the public meeting is the manifestation (approval or adhesion protest) about. .
Rest assured that the assembly will be held peacefully and civilized.
Our part are empowered to provide and answer measures on the good organization of the assembly so that it is conducted under peaceful, civilized and does not degenerate into violence, gentlemen:
- .. | || - *) ---------


Note


*) Indicate name, other identification data of authorized persons responsible for organization.

The personnel assigned to us to execute orders measures during the course of the meeting and on the following routes will wear distinctive insignia:.
To support smooth functioning of the Assembly, asking the mayor's office and the police taking the following steps: ...

Signature and stamp organizer -----------

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