Law No. 51 of 29 July 1991 (republished * *) (* updated *) relating to the national security of Romania *) (updated on 17 January 2016) ISSUER-PARLIAMENT-------Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) the Republished pursuant to art. 107 para. (3) of law No. 255/2013 for the implementation of law No. 135/2010 relating to the code of criminal procedure and the modification and completion of some legislative acts containing the provisions of the criminal procedure law, published in Official Gazette of Romania, part I, no. 515 of 14 august 2013, with subsequent amendments, posing a new texts.
Law No. 51/1991 was published in the Official Gazette of Romania, part I, no. 163 of 7 august 1991, and amended by:-Law No. 187/2012 for the implementation of law No. 286/2009 relating to the penal code, published in the Official Gazette of Romania, part I, no. 757 dated 12 November 2012, corrected in the Official Gazette of Romania, part I, no. 117 of 1 March 2013, with subsequent amendments.
─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Chapter I General provisions article 1 in Romanian national security means the State of legality, balance and stability in social, economic and political reforms necessary to the existence and development of the Romanian national State as a sovereign, independent, unitary and indivisible State, maintaining the rule of law, as well as the climate of unlimited exercise of rights, freedoms and duties of citizens, according to democratic principles and rules built by the Constitution.
Article 2 (1) national security is achieved through knowledge, prevention and removal of internal or external threats that can affect values. 1. (2) Romanian citizens, as an expression of loyalty towards their country, have the moral duty to contribute to the achievement of national security.
Article 3 Constitutes threats to the national security of Romania as follows: a) the plans and actions aimed at suppressing or ştirbirea sovereignty, unity, independence, or indivizibilităţii of the Romanian State;
b) action aimed, directly or indirectly, challenge war against the country's civil war, or the facilitation of foreign military occupation, aservirea against a foreign power times helping power or foreign organizations to perform any of these facts;
c) helping the enemy's betrayal;
d) armed actions or any other violent actions aimed at weakening of State power;
e) espionage, transmitting State secrets to a foreign powers or their agents to organizations, procurement times times the illegal detention of documents or information State secrets, with a view to their transmission power or foreign organizations or their agents times for any purpose not authorized by law, and the disclosure of State secrets or negligence in their charge;
f) undermine, sabotage or any other actions aimed at the removal by force of the democratic institutions of the State or serious prejudice to the fundamental rights and freedoms of Romanian citizens or may affect the ability of the defence interests of such other times as the country, and the acts of destruction, decay times bringing in disuse of building the proper conduct of social and economic life or national defence;
g) whereby actions encroaching upon their lives, physical integrity or health of persons who fulfil important functions within a State or other States, or representatives of international organizations, whose protection must be ensured during the stay in Romania according to the law, treaties and conventions entered into, as well as international practice;
h) initiating, organizing, committing or aiding in any way totalitarian or extremist actions of fascist, Communist, origin of ethics or of any other nature, racist, anti-Semitic, revisionist, breakaway which may endanger in any form the unity and territorial integrity of Romania, as well as incitement to acts which may jeopardize the rule of law agenda;
I) terrorist acts, as well as initiating or assisting in any way any activity whose purpose is the committing of such facts;
j) for a janitor's attacks, perpetrated by any means;
k) evading weapons, ammunition, explosives or radioactive materials, toxic or biological establishments authorized to hold them still, smuggling, production, possession, disposal, transport or use under conditions other than those prescribed by law, as well as port arms or ammunition, without right, if they endanger national security;
l) initiation or establishment of organizations or groups or supporting membership times in whatever form thereof, for the purposes of any of the activities listed under (a). a)-k) and the secret of such activities by organizations or groups established according to law.
m) any actions or non-actions which harm strategic economic interests of Romania, to those that have the effect of damaging, unlawful management, natural resource degradation, destruction of times funds forestry, hunting and fisheries, water and other resources, as well as such monopolisation times blocking access to them, with consequences at national or regional level.
Lit. m) art. 3 was introduced by art. in accordance with law No. 2 of 11 January 2016, published in MONITORUL OFICIAL nr. 27 of January 14, 2016.
Article 4 (1) the provisions of art. 3 cannot be interpreted or used for the purpose of the restriction or prohibition of the right of self-defence of a legitimate causes, manifestation of a protest or disagreement is ideological, political, religious or other times, guaranteed by the Constitution or laws.
(2) No person shall be prosecuted for expressing his political opinions freely and cannot be subject to interference in his private life, family, home or correspondence or in properties or communications nor of damaging his honour or reputation of, if not any of the facts (1) what constitutes, according to this law, a threat to national security.
Article 5 national security is carried out in accordance with the laws in force and with the obligations assumed by Romania through international treaties and conventions concerning human rights to which it is party.
Article 6 (1) State bodies with powers in matters of national security are: the Romanian intelligence service, the foreign intelligence service, the protection and Guard Service, and the Ministry of national defense, Ministry of Interior and Ministry of Justice, through the internal structures.
(2) in order to achieve national security Activity is organized and coordinated by the Supreme Council of national defence.
Article 7 the Supreme Council of national defence, in the national security field, the following powers: a) parses the data and information acquired and assessed the status of national security;
b) sets out the main directions of activity and approves the general binding measures to remove the threats. (3);
c) lay use of national security information;
d) examines reports and information concerning the application of the law on national security;
e) approves the organizational structures, and regulations for the operation of the Romanian Intelligence Service, the foreign intelligence service and the protection and Guard Service;
(f) operational expenditure) approves designed to achieve national security.
Chapter II work of the information in article 8 (1) information for carrying out the activity of national security is running the Romanian intelligence service, the State body specializing in matters of information inside the country, the foreign intelligence service, a State body specialized in obtaining overseas data relating to national security, and the protection and Guard Service, the State body specialized in ensuring the protection of Romanian dignitaries and foreign dignitaries during their presence in Romania as well as securing the location of work and their residences.
(2) the State referred to in paragraph 1. (1) are organized and function according to the law and is financed from the budget of the central State administration.
(3) the activity of State bodies referred to in paragraph 1. (1) is controlled by the Parliament.
Article 9 (1) the Ministry of national defense, the Ministry of Internal Affairs and the Ministry of Justice organizes its information structures with their specific areas of expertise.
(2) the information of these bodies shall take place in accordance with the provisions of this law and is controlled by the Parliament.
Article 10 (1) the information for carrying out national security is State secret.
(2) information in this domain cannot be communicated than under the present law.
(1) National Security Information may be disclosed to: (a) the President of the Senate, the President of) the Chamber of Deputies, as well as standing committees on defence, public order and national security of the two chambers of Parliament;
b) Ministers and heads of departments from the ministries, where information relating to issues related to the areas of activity which it coordinates or responsible;
c) prefects, the Mayor of the capital, as well as leaders of the county councils, the General Council of Bucharest, for problems concerning the competence of the bodies concerned;
(d) the criminal prosecution bodies), where information relating to committing a crime.
(2) the communication of information shall be agreed by the leaders of the organs with powers in matters of national security.
(3) the provisions of art. 10 concerning the defence of State secrecy to properly apply to all persons referred to in paragraph 1. (1) (a). a)-d).
Article 12 (1) No person shall be entitled to make known the secret national security activities, availing themselves of unbundled access to information, the right to disseminate them and freedom of expression of opinion.
(2) Disclosure by any means, data and intelligence, which may harm the interests of national security, irrespective of the manner in which they were obtained, is prohibited and attracts law responsibility those guilty.
(3) the provisions of paragraphs 1 and 2. (1) and (2) shall not affect the freedom of opinion and expression, the right of the person to not be disturbed in any way for his views, as well as to seek, receive and impart information and ideas by any means of expression, where these rights are exercised in accordance with the laws of Romania.
Article 13 The situations described in article 2. 3 organs with powers in matters of national security may, in accordance with the law on the organisation and operation thereof: to ask) and to obtain the objects, documents or official relations of the authorities or public institutions, i.e. to request legal person of private or from individuals;
b) to consult specialists times experts;
c) to receive complaints or notes of relationships;
d) to fix some operative shooting moments by shooting or by other technical means to conduct personal findings with respect to activities conducted in public places, if such activity is carried out on an occasional basis;
e) require the obtaining of data generated or processed by providers of publicly available electronic communications networks of the time providers of publicly available electronic communications, other than content, and detained by them according to the law;
f) to carry out specific information collection activities involving restriction of the exercise of certain rights or fundamental liberties are carried out in compliance with legal provisions.
Article 14 (1) specific information collection Activities involving restriction of the exercise of certain rights or fundamental freedoms shall be made only in situations where there is: (a)) other possibilities often are limited possibilities for knowledge, preventing or countering risks times national security threats;
b) these are necessary and proportionate, given the circumstances of the concrete situation;
c) was obtained the authorization provided for by law.
(2) the activities specified in paragraph 1. (1) may consist in: (a) the interception and recording of communications), carried out in any form;
b) searching for information, documents or records to which access is required in obtaining a place at an object opens the object;
c) rise and replace the object or document, examining him, extracting the information contained therein, as well as recording, copying or obtaining extracts by any processes;
d) installation, maintenance and lifting them from the places in which they were submitted, through the shooting, shooting or by other technical means, made finding personal times systematically in a public place or in any manner in private places;
e) locating, tracking and obtaining information by GPS or by other technical means of supervision;
f) postal interception, picking up and replace the them, examining them, extracting the information that they contain, as well as recording, copying or obtaining extracts by any processes;
g) obtaining information relating to financial transactions or financial data of a person under the law.
Article 15 (1) Proposal for approval of some of the activities referred to in article 1. 14. (2) to formulate in writing and must include: the name and function of the person) submitting the proposal;
b date and place of issue) of the proposal;
c) data or information indicating the existence of a threat to national security, by presenting the facts and circumstances on which it is based the proposal;
d) motivation for requiring specific activities;
e) categories of activities for which it is proposed to request authorisation;
f) if it is necessary the consent of penetration in private spaces for performance of specific activities;
g) period for which it is proposed to request authorisation;
h) identity of the person subject to the measure, if known;
I) place of activities proposed to be carried out, if it is known.
(2) the proposal shall be submitted to the general prosecutor's Office of the High Court of Cassation and justice, and is examined in terms of legality and determination within 24 hours of the posting times immediately in cases of particular urgency, the prosecutors appointed by it.
(3) if it considers that the proposal is not justified, the Prosecutor rejects Ordinance reasoned, it shall forthwith be communicated to the body that made it.
(4) If it considers that the proposal is grounded and met the conditions prescribed by law, the Attorney general's Office of the High Court of Cassation and justice or the law of his or her substitute shall request in writing the President of the High Court of Cassation and justice, authorizing the proposed activities.
(5) the application shall contain the information referred to in paragraph 1. (1) (6) the request is considered urgent, in the living room of one of the judges Council specifically designated by the President of the High Court of Cassation and justice.
(7) where the judge, examining the request, considers that there is sufficient information, require supplementation without delay, in writing, of the arguments presented.
Article 16 if the request for extension of authorization request shall be made according to art. 15, applied properly, plus a request for an extension of their authorisation, with the presentation of the reasons justifying the extension.
Article 17 (1) if the judge determines that the request is justified and necessary activities under the terms of art. 14. (1) authorisation, by concluding has motivated, which must include: a) the name of the Court, the date, time and place of issue;
b) data and information indicating the existence of a threat to national security, through the presentation of facts and circumstances which justify the measure;
c specific activities authorized) of those referred to in article 1. 14. (2);
d) identity of the person is affected by specific activities by restricting fundamental rights and freedoms, if known;
e) carrying out activities authorized;
f) natural or legal persons who are required to assist in the performance of authorized activities;
g) to specify the place or localities where the authorized activities, if they are known;
h) period of validity of the authorization.
(2) the judge shall issue a warrant, comprising the particulars referred to in paragraph 1. (1) (a). ) and c-h)).
(3) in cases where it is necessary to authorise new activities than their initial deployment in other places or localities, if known, of the time when changes of numbers, the mandate originally to be completed properly, the application of the procedure laid down in article 21. 15. (4) the period of validity of the authorisation is required for the activities the conduct thereof, but not more than 6 months. The authorization may be extended under the same conditions, for duly justified reasons, each extension may not exceed 3 months. The maximum duration of authorisations in respect of the same facts indicating the existence of a threat to national security is two years. Specific activities to an end before the expiry of the duration for which they are authorized, once they have ceased the reasons they have demonstrated.
Article 18 (1) if the judge determines that the request is not justified, rejects by reasoned conclusion. The conclusion is final.
(2) a new authorization concerning the same person may be applied for and issued only if the application is based on new data and information and in compliance with the provisions of art. 15-17. Article 19 (1) when the delay to obtain the authorisation would seriously prejudice the purpose of the specific activities required, they may be carried out with the authorization of the public prosecutor, for a period not exceeding 48 hours, and the judge's authorization should be requested as soon as is possible, but not later than the expiry of that period. The judge shall decide on the request immediately.
(2) where the judge considers that it is necessary to the continuation of the activities referred to in paragraph 1. (1) the provisions of articles. 15-17 shall apply accordingly.
(3) if the judge considers that no longer requires the continuation of the activities referred to in paragraph 1. (1) making them and confirm the preservation of materials obtained or, where appropriate, terminate immediately, and destruction of materials obtained within a maximum of seven days. A copy of the minutes shall be forwarded to the judge concerning the destruction.
Article 20 (1) persons applying for authorization, authorize, or endorse the bringing into force of the authorization to the law and shall enjoy the protection are bound to secrecy on the data and information which they acquire knowledge on this occasion and to observe the legal provisions on the protection of classified information.
(2) in executing authorized activities are obliged to discontinue immediately when they have grounds justified ceased and to inform about it on the Attorney general's Office of the High Court of Cassation and justice. The Attorney general's Office of the High Court of Cassation and justice shall inform the High Court of Cassation and Justice about discontinuing the activities authorized when the grounds for justified them ceased.
(3) the same organs are obliged to notify in writing to the Attorney general's Office of the High Court of Cassation and Justice on the outcome of the activities authorised by warrant and of the measures taken, in accordance with the law.
(4) the procedure for the authorisation of specific activities, as well as authorized activities are carried out in compliance with the legal provisions concerning the protection of classified information.
Article 21 (1) data and information of interest to national security resulting from activities authorised if indicates preparation or committing a criminal law facts, are retained in writing and forwarded to the prosecuting authorities, according to art. 61 of the code of criminal procedure, together with the mandate issued to them, plus the declassification proposal, where appropriate, in whole or in excerpt, under the law of mandate. Talks and/or communications intercepts, rendered in writing, and/or recorded images will be transmitted to the prosecution bodies in full, accompanied by original digital content.
(2) In the event that data and information resulting from the activities of authorized are not sufficient for referral to the prosecuting bodies, nor does it justify the further deployment of information on that person, the order of the ruler of this State body with powers in matters of national security requires notification of the person whose rights or freedoms have been affected by the activities authorized with regard to the activities undertaken towards this and periods in which it was held.
(3) the notification referred to in paragraph 1. (2) will be made if: (a)) could lead to the endangerment of the completion of the job duties of the State bodies involved in the field of national security by revealing their sources, including the security and intelligence services of other countries;
b) could affect the defense of national security;
c) might prejudice the rights and freedoms of third parties;
d) could lead to the unveiling of the methods and means, including special investigative techniques used in the concrete case of State bodies involved in the field of national security.
Article 22 any person who considers himself aggrieved in its fundamental rights or freedoms as a result of specific information collection activities performed by the law enforcement information or those with powers in matters of national security can address, according to the law, parliamentary or judicial bodies, thus: a) to pursue commissions parliamentary control, according to the laws of organization and functioning of the organs of information or those with powers in matters of national security;
(b)) the Court, in accordance with the law No. 677/2001 for the protection of individuals with regard to the processing of personal data and the free movement of such data, with subsequent modifications and completions;
c) courts, to repair damage suffered material and moral, according to civil law;
d) judicial, by lodging in complaints and remedies according to the code of criminal procedure;
e) other judicial bodies or committees, according to procedures governed by special laws.
Article 23 (1) Means of obtaining information necessary for national security should not insult in any way, the rights or fundamental freedoms of citizens, private life, honour or their reputation or subject them to restrictions illegal.
(2) every person is protected by law against such interference or attacks. Those guilty of taking up, transmission times to take such measures without any legal basis, and the application of preventive measures against, discovery or threats to national security are responsible civil, administrative or criminal proceedings, as appropriate.
(3) a citizen who considers himself injured in his rights or liberties by using the means referred to in paragraph 1. (1) refer any of the standing committees on defence, public order and national security of the two chambers of Parliament.
Chapter III Obligations and responsibilities of State bodies, public or private organisations article 24 for the purposes of national security, the ministries, all other organs of the State, organizations in the public or private sectors have, according to law, the following duties: a) to give the necessary support at the request of the organs with powers in matters of national security in the performance of their duties and allow their access to data held that may provide information relating to national security;
b) take the measures necessary for the implementation of the law on national security in the areas in which they operate or in dealing with problems;
c) require support of organs with powers in matters of national security in order to achieve the required performance, and national security measures in their field of activity.
Article 25 (1) bodies and organisations holding State secrets, according to the special law, or whose activities may be covered by the actions considered under art. 3, as threats to national security, will draw up their own programmes to prevent the leakage of secret information, which are subject to approval by the Romanian Intelligence Service specialist.
(2) be responsible for carrying out the obligations laid down in articles 81 and 82. and in paragraph 4. (1) of this article shall be the responsibility of the driver, according to the law, the organ or organization.
(3) Are exempt from the endorsement referred to in paragraph specialty. (1) own programmes for preventing leakage of secret information of the Romanian Parliament, Ministry of national defence, Ministry of Internal Affairs, the foreign intelligence service, security guard and protection service and the National Prison Administration from the Ministry of Justice.
Chapter IV Penalties article 26 (1) conducting, without authorisation, of specific activities information collection subject to authorisation under this law or in excess of authorization granted shall be punished with imprisonment from 2 to 7 years, if the deed does not constitute a more serious offense.
(2) the same punishment shall be imposed and official deed which disclose, refuse or impede, in any way, performing the mandate issued under this law.
(3) the attempt shall be punishable.
Article 27 (1) information concerning private life, honour or reputation of individuals, known in the context of obtaining data incidentally necessary for national security, cannot be made public.
(2) Disclosure or use, without charge, by employees of the intelligence data provided for in paragraph 1. (1) constitutes infringement and is punishable with imprisonment from 2 to 7 years.
(3) the attempt shall be punishable.
Chapter V final provisions Article 28 bodies of information and Documents of those with powers in matters of national security are kept in the archives and cannot be viewed only in accordance with the law.
Article 29 (1) staff of the Romanian intelligence service, the foreign intelligence service and the protection and Guard Service shall consist of permanent military cadres and civilian employees.
(2) military bodies of the Frameworks referred to in paragraph 1. (1) the rights and obligations laid down have for Romanian Army soldiers.
(3) civilian Employees apply to them the provisions of the labour code and other legal rules relating to their rights and obligations.
Article 30 the staff referred to in article 1. 29 para. (1) which meets the operative performing tasks involving the exercise of State authority and has all the rights and obligations stipulated by law for this purpose.
Article 31 (1) information and enforcement Employees of the involved national security can not be part of political parties or other political organizations of the time and may not be used for political purposes.
(2) I can not turn the intelligence people who were found guilty for the actions directed against the human rights and fundamental freedoms.
Article 32 information organs and Employees of the involved national security have the obligation of State secrecy and professional, including after leaving in any way, use of the service.
Article 33 the persons referred to in art. 32, called as witnesses in judicial bodies may make depositions regarding facts and circumstances relating to national security, of which they become aware in the performance of job duties and in connection therewith, only with the consent in writing of the head of the body.
Article 34 on the date of entry into force of any provisions contrary to this law are hereby repealed.