Legislation
LEGISLATION INDEX:
Legea 333/2001 - Organization and deployment of the security activities of the goods and values objectives
Legea 295/2004 - The regiment of guns and munitions in Romania
333/2001 LAW (top)
Organization and deployment of the security activities of the goods and values objectives
- Security and protection are activities developed with specific forces and ways, for the purpose of assurance the safety of the objectives, goods and values against any kind of illegal actions that might damage the property law (right), and also for protecting persons against adversely acts.(art.1)
-Security and protection is realized with civil and /or military forces, by specialized institutions of the public authority administration or in private schedule by the owners of the objectives, goods and values and also by SPECIALIZED IN SECURITY AND PROTECTION COMPANIES. (art.2)
- The trading companies, no matter of the joint stock they own and also other organizations which own any good and values must ensure the security of that goods.(art.2)
- The leaders of that companies, with skilled help from the police make the concrete ways to organize and execute the security, on their own or with specialized help from security companies. (art.3)
- The responsibility for taking the actions in order to ensure the protection of the goods and values owned devolve on / upon the unit leaders.(art.4)
- Any security company must organize the security of the protected objective according to a SECURITY PLAN which is approved by the police organ. (art.5)
- The skilled security and protection companies operate on a licence emitted by the General Inspectorate of the Police, with previous permission of the Romanian Information Service. (art.20)
- The security and protection companies can have one or more of the following activity fields:
- security services of the objectives, goods and values
- security services of the transport of the goods and important values.
- skilled personal protection services, known as bodyguard
ENDOWMENT OF THE SECURITY PERSONNEL (ART.42-46)
- the employers have to endow the security and bodyguard personnel with uniform, hood badges and if it is the case protection equipment that is worn only in duty time.
- for the security companies is forbidden to use camouflage for face protection and metallic cartridges
- the security or bodyguard personnel can have gum sticks, tear-gas atomizers in small capacity and others defend accessories, authorized by law.
- endowment of the security or bodyguard personnel with fire guns is done only after the accept of the security plan of the objective or the goods and values transport from police.
THE ATTRIBUTIONS OF THE SECURITY AND BODYGUARD PERSONNEL
- the security personnel is obliged to know and keep to the duties that are established as theirs, being directly amenable for the security and integrity of the objectives, goods and values entrusted with.
- during the duty service the security personnel is obliged (48 article):
- to know the vulnerable places and points of the perimeter so he can prevent producing of any facts that may injure the secured unities.
- to guard the objective, the goods and values established in the security plan and ensure its integrity.
- to allow the access inside the perimeter only according to the legal regulations and the internal disposals.
- to stop off and legitimize the persons about there are data or clues that they committed infraction (crime, malpractice) or other illegal facts inside the protected objective, the ones who are breaking the internal rules established in the private regulations and in case of flagrant infractions they must stop and hand over the law breaker, the goods and values involved in illegal facts immediately to the police organ and must take measures to maintain them intact and also to compile a signed statement containing the facts happened.
- to announce immediately his superior and the leadership of the beneficiary unit about any kind of event happened during his duty time and the measures taken.
- in case of casualties in the installations, pipes or water basins, combustible or chemical compound, in the wire or telephonic network and any other circumstances that might produce damages the security agent must communicate to his superiors or other authorized persons and take first measures in order to limit the consequences of the event.
- in case of fire the agent must take immediate choke measures, rescue of the persons, of the good and values, to announce the firemen and police and also the leadership of the protected objective.
- to give first aid to rescue the persons involved and to evacuate the goods and values in case of disaster.
- to apprise the police about any fact that might injure the patrimony of the beneficiary and to implicate himself into accomplish the police missions for catching the delinquents.
- to keep the state and the work secret if, by the nature of his work has access to that kind of data and information.
- to wear only on his duty time his defence and protection accessories, armament and to resort to only in the conditions provided by the law.
- to wear his uniform and the hood badges only when they are on duty, excepting the places where they must wear another outfit.
- they are not allowed to come to work under the influence of alcohol and to consume that kind of drinks at work.
- they must not absent without strong reasons and without announcing previously their superiors.
- they must execute exactly their superiors disposals, except the ones that are pointed illegal and to behave respectful in their work activity.
- to execute, according to the peculiar of the objective, goods and values guarded any other tasks that are given by authorized persons, compliance with the security plan.
- to respect the general and particular consignment of the position.
The non-compliance of the dispositions of 333 /2001 law brings on, from case to case civil, material, disciplinary, contravention or penal liability.
295/2004 LAW (top)
THE REGIMEN OF GUNS AND MUNITIONS IN ROMANIA
THE GENERAL INSPECTORATE OF ROMANIAN POLICE is the able authority which exerts the control in holding, possession and use of the weapons and munitions.
The categories of guns and munitions (second article):
- forbidden guns and munitions- it is forbidden to obtain them for natural or juridical persons.
- lethal guns and munitions - the ones that cause death
- unlethal guns and munitions - that don`t cause death.
LETHAL GUNS can be detained, worn and used by natural or juridical persons., with the condition of registering them to the adequately authorities.
UNLETHAL GUNS can be detained, worn and used by natural or juridical persons., with the condition of registering them to the adequately authorities.
DOCUMENTS THAT CERTIFICATE THE RIGHT TO OBTAIN, DETENTION AND USE OF GUNS (12 ARTICLE): authorization for guns, gun licence, identity card of the gun, owner certificate, work order.
Lethal guns for security and protection can be obtained only by the following persons: dignitary, magistrate, diplomat, military and police officers.
Unlethal guns and the afferent ammunition can be obtained by Romanian citizens that have more than 18 years, from any authorized gunsmith.
The person that procured unlethal guns has the obligation that 15 days from the date that had been bought to bring them to the local area police, so they release THE OWNER CERTIFICATE.
Juridical persons can be authorized to obtain, own and use lethal and unlethal weapons, and the appropriate ammunition for:
- arming the skilled personnel to evolve security activities;
- firing activities in polygons.
THE OBTAINING, HOLDING, KEEPING AND ENDOWMENT CONDITIONS WITH GUNS AND MUNITIONS OF THE PERSONNEL
- juridical persons that by acts of law evolve activities that need the endowment of the personnel with lethal and unlethal weapons, and with the adequate ammunition can get that kind of guns and munitions from the authorized armourers.
- the endowment with weapons of specialized personnel must be done according to the work order emitted by the leader of the juridical person.
OBTAINING, DETAINING AND USING OF THE GUNS AND MUNITIONS BY THE SKILLED SECURITY COMPANIES
- skilled security companies can be authorized, at/on request only for: bank headquarters security, parliamentary party, gunsmith headquarters, arsenals, munitions and explosives bank, toxic substances, drugs, precious metals and stones, polygon where is evolving activities with lethal guns and other places according to the law; transportation security of the munitions, explosive materials, cash, cheques and other values according to the law.
- unlethal weapons for utilitarian needs can be obtained for security activities of other objectives, goods and values and also for other kinds of transportation, according to the law.
