law - chamber of deputies · law on the organization and the operation of the romanian intelligence...

Public order,national defence and security

Lawon the national security

of Romania*

Lawon the organization and the operationof the Romanian Intelligence Service

*Law

on the organization an the operationof the Romanian Police

*Law

on the national defence of Romania

c. 8

L A Won the national security of Romania*

CHAPTER IGeneral provisions

AArrtt.. 11.. Ñ By tthhee nnaattiioonnaall sseeccuurriittyy ooff RRoommaanniiaa it shallbe understood a state of social, economic, and politicallegality, equilibrium and stability that is necessary to theexistence and development of the Romanian national stateÑ a sovereign, unitary, independent and indivisible state, tothe maintenance of legal order as well as of the climate forthe unhampered exercise of the fundamental rights,freedoms and duties of the citizens, in accordance with thedemocratic principles and rules provided by theConstitution.

AArrtt.. 22.. Ñ National security shall be achieved byknowledge, prevention and removal of the domestic orexternal menaces that may cause damage to the valuesprovided under Article 1.

As an expression of their faithfulness towards thecountry, the Romanian citizens shall have the moralobligation to contribute to the carrying out of the nationalsecurity.

AArrtt.. 33.. Ñ The following are considered menaces toRomaniaÕs national security:

a) the projects and actions aiming at the supression or atthe prejudice of the sovereignty, unity, independence orindivisibility of the Romanian state;

b) the actions having as purpose, directly or indirectly,the provocation of a war against the country, or of a civilwar, facilitating foreign military occupation, subjugation toa foreign power, or aiding a foreign power or organizationto commit any of these deeds;

c) treason by helping the enemy;

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* The Law No. 51/July 29, 1991 Ñ Law on the national security ofRomania Ñ was published in ÒMonitorul Oficial al RomânieiÓ (OfficialGazette of Romania), Part I, No. 163, August 7, 1991.

d) the military or any other violent actions aiming at theweakening of the state power;

e) the espionaj, transference of state secrets to a foreignpower or organization, or to their agents, illegalprocurement and holding of state secret documents or datawith a view to transferring them to a foreign power ororganization, or to their agents, or with any other end,unauthorized by law, as well as betrayal of state secrets, ornegligence in their preserving;

f) the undermining, sabotage or any other actions thathave as purpose to remove by force the democraticinstitutions of the state or that gravely harm thefundamental rights and freedoms of Romanian citizens, ormay damage the defence capacity, or other similar interestsof the country, as well as the acts of destruction,degradation or bringing in an unusable state the stucturesnecessary to the good development of social and economiclife, or to the national defence;

g) the actions by which an attempt is made on the life,physical integrity or the health of the persons holdingimportant positions in the state, or of the representatives ofother states, or of international organizations, whoseprotection must be ensured during their sojourn inRomania, in accordance with the law, the treaties andagreements concluded, as well as with the internationalpractice;

h) the initiation, organization, perpetration, or thesupporting in any way of the totalitarian or extremistactions of a communist, fascist, iron guardist, or of any otherorigin, of the racial, anti-Semitic, revisionist, separatistactions that can endanger in any way the unity andterritorial integrity of Romania, as well as the instigation todeeds that can put in danger the order of the stategoverned by the rule of law;

i) the terrorist acts, as well as the initiation or thesupporting in any way of any activities whose purpose isthe perpetration of such deeds;

j) the attempts commited by any means upon acommunity;

k) the purloining of armament, ammunition, explosive orradioactive, toxic or biological materials from the units

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authorized to hold them, smuggling with these materials,the manufacturing, holding, alienation, transport or theirutilization in other conditions than those provided by thelaw, as well as the illegal bearing of armament andammunition, if by these deeds national security is exposedto danger;

l) the initiation or constitution of organizations orgroups, adhering to them, or their supporting in any way,with a view to carrying on one of the activities mentionedunder the paragraphs a) to k), as well as the carrying on insecrecy of such activities by organizations or groupsconstituted according to the law.

AArrtt.. 44.. Ñ The provisions under Article 3 cannot beinterpreted or used with a view to limiting or forbidingthe right to defend a legitimate cause, to express aprotest or an ideological, political, religious or ofanother kind disagreement, guaranteed by theConstitution or laws.

No person can be prosecuted for the free expression ofhis/her political opinions, nor can he/she be the object ofan interference in his/her private life, family, dwellingplace, properties, correspondence or communications; noperson can also be the object of some prejudices regardinghis/her honour or reputation unless he/she perpetratesone of the deeds that, in accordance with the provisions ofthe present law, constitute a menace against the nationalsecurity.

AArrtt.. 55.. Ñ National security shall be realized inaccordance with the laws in force and with the obligationsassumed by Romania through the international conventionsand treaties regarding the human rights, which it is partyto.

AArrtt.. 66.. Ñ The state bodies that have powers in thedomain of national security are: the RomanianIntelligence Service, the External Intelligence Service, theProtection And Watch Service, as well as the Ministry ofNational Defence, the Ministry of Internal Affairs, and theMinistry of Justice, through their internal specializedstructures.

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The activity for the achievement of national security isorganized and co-ordinated by the Supreme Council ofNational Defence.

AArrtt.. 77.. Ñ The Supreme Council of National Defence shallhave, in the field of the national security, the followingpowers:

a) to examine the obtained data and information and toestimate the state of national security;

b) to establish the main directions of activity and toapprove the general compulsory measures for the removalof the menaces stipulated under Article 3;

c) to establish the possibilities of turning to good accountthe information regarding national security;

d) to examine reports and accounts regarding the way ofputting into operation the law on national security;

e) to approve the organizational structure, the effectives,and the functioning regulations of the RomanianIntelligence Service, the External Intelligence Service, andthe Protection and Watch Service;

f) to approve the effective expenses destined to therealization of the national security.

CHAPTER IIIntelligence activity

AArrtt.. 88.. Ñ The intelligence activity for the realization ofthe national security shall be carried out by the RomanianIntelligence Service, a state body specialized in theintelligence matters in the interior, the ExternalIntelligence Service, a state body specialized in obtainingfrom abroad the data regarding the national security, andthe Protection and Watch Service, a state body specializedin ensuring the protection of the Romanian dignitariesand of the foreign dignitaries during their presence inRomania, as well as in ensuring the watch of their workseats and residences.

The state bodies stipulated under paragraph 1 shall beorganized and shall function in accordance with the law,and shall be financed from the state central administrationbudget.


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The activity of the state bodies stipulated underparagraph 1 shall be supervised by the Parliament.

AArrtt.. 99.. Ñ The Ministry of National Defence, the Ministryof Internal Affairs, and the Ministry of Justice shallorganize their own intelligence structures having powersspecific to their activity fields.

Intelligence activity of these bodies shall be carried on inconformity with the provisions of the present law, and itshall be supervised by the Parliament.

AArrtt.. 1100.. Ñ The intelligence activity for the realization ofthe national security shall have the state secret character.

The information from this field cannot be communicatedbut in the conditions of the present law.

AArrtt.. 1111.. Ñ Information from the field of the nationalsecurity may be communicated:

a) to the President of the Senate, to the President of theChamber of Deputies, as well as to the standing committeesfor the defence and the ensuring of public order of the twoChambers of the Parliament.

b) to the ministers and to the heads of departments inministries, when the information are related to the activityfields that they co-ordinate or they are responsible for;

c) to the prefects, to the general mayor of the Capital, aswell as to the chiefs of the county councils, respectively thatof the Municipality of Bucharest, for the questions relatedto the competence of the respective bodies;

d) to the criminal prosecution bodies, when theinformation concerns the perpetration of a criminaloffence.

The communication of the information shall be approvedby the chiefs of the bodies having powers in the field of thenational security.

The provisions of the Article 10 regarding the protectionof the state secret shall be applied corespondingly to all thepersons stipulated under paragraph 1, sub-paragraphs a) tod).

AArrtt.. 1122.. Ñ No person has the right to announce secretactivities regarding the national security, taking advantageof the unrestricted access to information, of the right totheir diffusion, and of the freedom of expressing opinions.

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The disclosure, by any means, of secret data andinformation that may be prejudicial to the interests of thenational security, regardless of the way in which they havebeen obtained, is prohibited and shall involve theresponsibility of the guilty persons, according to the law.

The provisions of the paragraphs 1 and 2 do not causedamage to the freedom of opinion and expression, to theright of the person not to be in any way disturbed forhis/her opinions, as well as to the right to look for, toreceive and to diffuse information and ideas, by any meansof expression, if these rights are exercised in accordancewith the laws of Romania.

AArrtt.. 1133.. Ñ The cases stipulated under Article 3 shallconstitute a legal ground to request to the publicprosecutor, in justified cases, and by observing theprovisions of the Code of criminal procedure, theauthorization for the effectuation of some acts, with theobject of collecting information, consisting in: interceptionof communications, seeking of certain information,documents, or acts for the getting of which it is necessarythe access in a place, to an object or the opening of anobject; the taking over and restoring to its place of anobject or document, its investigation, the drawing out of theinformation that they contain, as well as the recording,copying or getting of excerpts by any methods; theinstallation of objects, their maintenance and taking themfrom the places where they have been placed.

The application for authorization shall be expressed inwriting, and it must include: date or indications fromwhich to result the existence of one of menaces against thenational security, stipulated under Article 3, for theprevention, finding or counteracting of which it isnecessary the issue of the warrant; the classes of activitiesfor the development of which the warrant must be issued;the identitiy of the person whose communications must beintercepted, if the person is known, or the identity of theperson who holds the information, the documents, or theobjects that must be obtained; if and when it is possible,the general description of the place where the authorizedactivities are to be accomplished; the validity duration ofthe requested warrant.


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The authorization act shall be issued at the request ofthe bodies having powers in the field of the nationalsecurity, by the public prosecutors specially appointed bythe General Public Prosecutor of Romania.

In the case that the public prosecutor ascertains that theapplication is justified, he shall issue a warrant that mustcontain: the approval for the classes of communicationsthat may be intercepted, the classes of information,documents or objects that may be obtained; the identity ofthe person, if he/she is known, whose communicationsmust be intercepted, or who holds the data, information,documents or objects that must be obtained; the bodyempowered with it's carrying out; the general description ofthe place where the warrant is to be carried out; thevalidity duration of the warrant.

The validity duration of the warrant canÕt exceed 6months. In well founded cases, the general public prosecutorcan extend, at request, the duration of the warrant, withoutbeing possible to exceed 3 months, every time.

Any citizen who considers himself injured in anunjustified manner through the activities that constitute theobject of the warrant provided under paragraphs 1 to 4may lodge a complaint with the public prosecutor speciallyappointed, hierarchically superior to the public prosecutorwho has issued the warrant.

AArrtt.. 1144.. Ñ The warrant issued on the basis of Article 13shall grant to the holders or to the authorized classes ofpersons the right to hold and use, without to resort tomeans of physical or moral compulsion, the adequatemeans for the carrying out of the authorized acts, and theright to be assisted by the persons whose presence isconsidered required.

AArrtt.. 1155.. Ñ In the situations that shall necessitate theremoval of certain imminent dangers for national security,the activities mentioned under Article 13 may beundertaken, even without the authorization provided bylaw, that authorization having to be requested as soon aspossible, but not later than 48 hours.

AArrtt.. 1166.. Ñ The means for obtaining the informationrequired by the national security must not endanger, by nomeans, the fundamental rights and freedoms of the

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citizens, the private life, their honour or reputation, or tosubject them to unlawful restrictions.

Any person is protected by law against such interferencesor prejudices. The culprits for the initiation, transfer orexecution of such measures, without a legal reason, as wellas for abusive application of the measures of prevention,discovery or counteracting of the menaces against thenational security, shall be under civil, administrative orcriminal responsibility, as the case may be.

The citizen who considers himself injured in his rightsor freedoms by the utilization of the means provided underparagraph 1 may inform any of the standing comittees forthe defence and ensuring of the public order, of the twochambers of the Parliament.

CHAPTER IIIObligations and responsibilities of state bodies,

of public or private organizationsAArrtt.. 1177.. Ñ With a view to realizing the national security,

the ministries, all the other bodies of the state, theorganizations in the public or private spheres shall have,according to the law, the following duties:

a) to afford the necessary support, at the request of thebodies having powers in the field of the national security,for the carrying out of their prerogatives, and to permittheir access to the data that may provide informationregarding the national security;

b) to take the necessary measures for enforcement of thelaw on the national security in the domains in which theycarry on their activity, or in the matters they are occupiedwith;

c) to solicit the support of the bodies having powers inthe field of the national security for the carrying out of themeasures necessary for the implementation of the nationalsecurity in their sphere of activity.

AArrtt.. 1188.. Ñ The bodies and the organizations holding statesecrets, in accordance with the provisions of the special law,or the activity of which may be taken into account, throughthe actions considered, according to the Article 3, asmenaces against to the national security, shall draw up


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their own programmes for the prevention of the leakage ofinformation of a secret nature; the respective programmesshall be submitted for specialized approval to the RomanianIntelligence Service.

The responsibility for the carrying out of the obligationprovided under Article 17 and paragraph 1 of the presentarticle shall devolve upon the head of the respective bodyor organization, according to the law.

There shall be excepted from the specialized approvalprovided under paragraph 1 the own programmes for theprevention of the leakage of information of a secret natureof the Parliament of Romania, of the Ministry of NationalDefence, the Ministry of Internal Affairs, the ExternalIntelligence Service, the Protection and Watch Service, andof the General Central Board of the Penitentiariessubordinate to the Ministry of Justice.

CHAPTER IVSanctions

AArrtt.. 1199.. Ñ The initiation, organization or the constitutionon the territory of Romania of some informative structuresthat can cause damage to the national security, theirsupporting in any way or adhering to them, the holding,manufacturing or unlawful utilization of specific means forthe intercepting of the communications, as well as thecollecting and transfer of information of a secret orconfidential nature, by any means, outside of the legalframework, shall constitute a criminal offence and it shallbe punished with imprisonment from 2 to 7 years, if thedeed is not considered a more serious offence.

The attempt shall be punished.AArrtt.. 2200.. Ñ The carrying on, without a warrant, of the

activities subject to the authorization under the provisionsof Articole 13, with the exception of those undertaken inthe situations set forth under Article 15, or the exceeding ofthe issued warrant shall be punished with imprisonmentfrom 1 to 5 years, if the deed is not considered a moreserious offence.

With the same punishment shall also be punished thedeed of the civil servant who divulges, refuses or impedes,

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in any way, the carrying out of the warrant issued underthe terms of the Article 13.

The attempt shall be punished.AArrtt.. 2211.. Ñ The information regarding the private life, the

honour or reputation of the persons, incidentally known onthe occasion of the getting the data necessary to thenational security, may not be made public.

The disclosure or the utilization, outside the legal frame-work, by the wage earners of the intelligence services, ofinformation, of the data provided under paragraph 1, shallbe considered an offence and shall be punished withimprisonment from 2 to 7 years.

The attempt shall be punished.AArrtt.. 2222.. Ñ The criminal prosecution of the offences

provided in the present law shall be carried out by thebodies of the Public Ministry.

CHAPTER VFinal provisions

AArrtt.. 2233.. Ñ The documents of the intelligence bodies andof those having powers in the field of the natioal securityshall be preserved in their own archives and they may beconsulted only in the terms of the law.

AArrtt.. 2244.. Ñ The personnel of the Romanian IntelligenceService, of the External Intelligence Service, and of theProtection and Watch Service shall consist of standingmilitary cadres and civilian wage earners.

The military cadres of the bodies provided underparagraph 1 shall have the rights and duties provided forthe military of the Romanian army.

To the civilian wage earners there are applicable theprovisions of the Labour Code and the other legal rulesregarding their rights and duties.

AArrtt.. 2255.. Ñ The personnel provided under Article 24,paragraph 1, that execute operative powers, carry onactivities involving the exercise of the state authority andenjoy all the rights and obligations provided by the law tothis end.

AArrtt.. 2266.. Ñ The employees of the intelligence bodies andthose having powers in the field of national security cannot


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be members of a party or of other organizations of apolitical or secret nature, and they cannot be employed forpolitical purposes.

The persons that were found guilty of actions directedagainst fundamental human rights and freedoms cannot beemployed in the intelligence services.

AArrtt.. 2277.. Ñ The employees of the intelligence bodies andof those having powers in the field of national securityshall be under the obligation to keep the state andprofessional secret, inclusively after leaving the office, inany way whatsoever.

AArrtt.. 2288.. Ñ The persons provided under Article 27,summoned as witnesses before courts, may makedepositions concerning the facts and the circumstancesregarding national security they have taken notice of whilecarrying on the job powers, and in connection with these,only with the written agreement of the head of the bodythey belong to.

AArrtt.. 2299.. Ñ On the date of coming into force of the presentlaw, any other contrary provision shall be abrogated.

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L A Won the organization and the operationof the Romanian Intelligence Service*

CHAPTER ICo-ordination, control and powers

AArrtt.. 11.. Ñ The Romanian Intelligence Service is a statebody specialized in the domain of intelligence with regardto the national security of Romania. It is a component ofthe national defence system, and its activity is organizedand co-ordinated by the Supreme Council of NationalDefence.

The activity of the Romanian Intelligence Service shallbe controlled by Parliament. Annually, or whenever theParliament so decides, the Director of the RomanianIntelligence Service shall submit to it reports concerningthe discharge of the powers incumbent upon the RomanianIntelligence Service, according to the law.

With a view to exercising a concrete and permanentcontrol, a common commission of the two Chambers shallbe constituted.

The organization, operation, and methods of exercisingthe control shall be established by decision adopted byParliament.

AArrtt.. 22.. Ñ The Romanian Intelligence Service shallorganize and carry out activities of collecting, checking, andturning to good account information necessary to theknowledge, prevention, and thwarting of any actions that,according to the law, constitute menaces against the nationalsecurity of Romania.

AArrtt.. 33.. Ñ The Romanian Intelligence Service shall ensurethe safeguarding of the state secret, and prevent the

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* The Law No. 14/February 24, 1992 Ñ Law on the organization andthe operation of the Romanian Intelligence Service Ñ was published inÒMonitorul Oficial al RomânieiÓ (Official Gazette of Romania), Part I, No.33, March 3, 1992.

leakage of data or information, which, according to the law,cannot be divulged.

In application of the statutory provisions concerning thesafeguarding of state secret, the Romanian IntelligenceService shall organize and carry out the transport of theofficial classified correspondence throughout the territory ofRomania.

AArrtt.. 44.. Ñ At the request of the head of a publicinstitution, a self-managed public or trading company, theRomanian Intelligence Service shall check and provide datawith regard to persons who are to fill offices in therespective units, presupposing access to information andactivities with a state secret character, or which, accordingto the law, cannot be divulged.

Judges, public prosecutors, and civil servants from theMinistry of National Defence, the Ministry of the Interior,the Ministry of Justice, the External Intelligence Service,and the Watch and Protection Service, which shall establishtheir own measures for safeguarding the state secret,according to the law, shall be excepted from the provisionsof paragraph 1.

AArrtt.. 55.. Ñ At the request of natural or legal persons fromthe private sector, the Romanian Intelligence Service maygrant specialized aid for safeguarding the secrets in theirpossession and preventing the leakage of data andinformation, which the public cannot be apprised of.Specialized aid shall be granted against cost, at the agreedtariffs.

Specialized aid shall be granted free of charge to thepersons provided under paragraph 1, who carry out ordersfor the Government, within their limit and over theirduration, as well as to those who carry out research orproduction activities in problems or concerning aspects ofnational importance.

AArrtt.. 66.. Ñ Through its units, the Romanian IntelligenceService shall:

a) carry out informative and technical activities forpreventing and combating terrorism;

b) carry out antiterrorist interventions on objectivesattacked or occupied by terrorists, for capturing orannihilating them, setting hostages free, and restoring law

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and order. The antiterrorist interventions shall be achievedwith the approval of the Executive Body of the RomanianIntelligence Service;

c) ensure antiterrorist protection of Romanian andforeign dignitaries as well as of other officials, according tothe rules established by the Supreme Council of NationalDefence.

The Romanian Intelligence Service shall concur in theachievement of the antiterrorist protection of dignitariesguarded by the Protection and Watch Service in situationswhen they are the object of threats with terrorist acts.

The Romanian Intelligence Service may also ensure theantiterrorist protection of other persons, at their request, atagreed tariffs.

AArrtt.. 77.. Ñ The Romanian Intelligence Service shall act todiscover and thwart actions of initiation, organization, orconstitution on RomaniaÕs territory of informative structuresthat might cause damage to national security, activities ofadherence or support to such structures in any waywhatsoever, or the unlawful making, holding or using ofcommunicationsÕ interception means as well as for thecollection and transmission of secret or confidentialinformation.

AArrtt.. 88.. Ñ The Romanian Intelligence Service shall beauthorized to hold and use adequate means for obtaining,checking, processing, and stocking information with regardto national security, in the terms of the law.

AArrtt.. 99. Ñ With a view to establishing the existence ofthreats against the national security, staff speciallydesignated by the Romanian Intelligence Service may, withobservance of the law, carry out verifications by: requestingand obtaining objects, documents, or official informationfrom public institutions; consulting specialists or experts;receiving notifications or informative notes; fixing certainoperative moments by photographing, filming, or by anyother technical means; personal findings, technicaloperations inclusive.

AArrtt.. 1100.. Ñ In situations carrying menaces againstRomaniaÕs national security, the Romanian IntelligenceService, through staff appointed to that end, shall requestthe public prosecutor to grant the warrant provided under


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Article 13 of the Law on the national security of Romania,for carrying out activities authorized by it.

AArrtt.. 1111.. Ñ The activities provided under Articles 9 and 10shall be registred into reports on findings which, drawn upwith observance of the provisions of the Code of CriminalProcedure, may constitute means of proof.

AArrtt.. 1122.. Ñ In case of finding a flagrante delicto againstthe national security regime established by law, of aterrorist attempt or act, or of some attempts or preparatoryacts to such crimes, if punished by law, the staff of theRomanian Intelligence Service may hold in custody theoffender or offenders and hand them over immediately tothe competent judicial bodies together with the report onfindings and the ccoorrppuuss ddeelliiccttii.

At the request of the competent judicial bodies, speciallydesignated staff of the Romanian Intelligence Service maygrant support in carrying out certain criminal investigationactivities for offences concerning the national security.

The criminal prosecution bodies shall have the obligationto impart to the Romanian Intelligence Service any data orinformation regarding the national security, resulting fromthe criminal prosecution activity.

AArrtt.. 1133.. Ñ The bodies of the Romanian IntelligenceService may not carry out criminal investigation activities,they may not take a detention measure or preventivecustody, nor dispose of their own arrest places.

AArrtt.. 1144.. Ñ In carrying out the powers incumbent upon it,the Romanian Intelligence Service shall collaborate with theExternal Intelligence Service, the Protection and WatchService, the Ministry of National Defence, the Ministry ofthe Interior, the Ministry of Justice, the Public Ministry, theMinistry of Foreign Affairs, the Ministry of Economy andFinance, the General Direction of Customs as well as theother bodies of the public administration.

The bodies provided under paragraph 1 shall have theobligation to mutually grant the necesary support to oneanother in the carrying out of the powers provided by law.

AArrtt.. 1155.. Ñ With the approval of the Supreme Council ofNational Defence, the Romanian Intelligence Service mayestablish relations with similar bodies from abroad.


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CHAPTER IIOrganization and operation

of the Romanian Intelligence Service

Section 1The Board of management

AArrtt.. 1166.. Ñ In carrying out the powers established by law,the Romanian Intelligence Service shall be directed by aBoard of management, a deliberative body, consisting of thedirector of the Romanian Intelligence Service, the prime-deputy director, the deputy directors, the chiefs of centraland territorial units.

The composition of the Board of management shall beestablished by the Operation Regulations of the RomanianIntelligence Service, and the nominal appointments to theBoard shall be made by the director.

The chairman of the Board of management shall be thedirector of the Romanian Intelligence Service. In thedirectorÕs absence, the chairmanÕs powers shall be carriedout by the prime-deputy director, or, in this oneÕs absence,by a specially designated deputy director.

AArrtt.. 1177.. Ñ The Board of management of the RomanianIntelligence Service shall, as a rule, meet quarterly, themeetings being called together by its chairman.

In case of emergency, at the request of at least one third ofthe number of its members or at the directorÕs request, theBoard of Directors shall meet whenever necessary.

AArrtt.. 1188.. Ñ The Board of management of the RomanianIntelligence Service shall carry on its proceedings inpresence of at least two thirds of the number of itsmembers, and adopt decisions by the vote of at least onehalf plus one of the total number of its members.

AArrtt.. 1199.. Ñ At the sittings of the Board of managementthere may be invited, as the case may be, representatives ofcertain ministries or other bodies of the publicadministration interested in the examination of theproblems subject to debate as well as specialists fromwithin the Romanian Intelligence Service or from without it.

AArrtt.. 2200.. Ñ For the analysis of certain problems ofgeneral interest concerning national security, the Board of


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management may constitute bodies of workers includingspecialists from within the Romanian Intelligence Serviceor from without it. Designation of specialists fromwithout the Romanian Intelligence Service shall be madewith the agreement of the leadership of the respectivecentral bodies.

The guests and specialists from without the RomanianIntelligence Service provided under Article 19 and underparagraph 1 of the present article shall comply with thelegal provisions regarding the defence of the state secret.

Section 2The Executive Body of the Board of management

AArrtt.. 2211.. Ñ The effective guidance of the Romanian Intel-ligence Service, and the ensuring of the carrying into effectof the Board of managementÕs decisions shall be achievedby its Executive Body.

The Executive Body shall consist of director, prime-deputy director and deputy directors.

Chairman of the Executive Body shall be the director ofthe Romanian Intelligence Service.

AArrtt.. 2222.. Ñ The Executive Body of the Board ofmanagement of the Romanian Intelligence Service shall meettwice monthly, the sittings being called by the director.

The provisions under Articles 18 and 19 shall applycorrespondingly to the Executive Body as well.

Section 3The director of the Romanian Intelligence Service

AArrtt.. 2233.. Ñ The Romanian Intelligence Service shall bedirected by a director, with a ministerÕs rank, appointed bythe Chamber of Deputies and the Senate in a commonsitting, at the proposal of RomaniaÕs President, after hear-ing the candidate proposed by the Commission charged toexercise parliamentary control over the activity of theRomanian Intelligence Service, who shall present a reportbefore the two Chambers of Parliament.

On being appointed in office, the director shall takebefore Parliament the following oath: �I, ..., swear to fulfilin good faith and unbiased, in full respect of the


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Constitution and laws of the Country, the powersincumbent upon me as director of the RomanianIntelligence ServiceÒ.

In exercising the powers incumbent upon the RomanianIntelligence Service, the director shall issue orders andinstructions, according to the law.

The removal from office of the director of the RomanianIntelligence Service shall be made by Parliament, in acommon sitting of the two Chambers, at the proposal ofRomaniaÕs President or of at least one third of the totalnumber of deputies or of senators.

AArrtt.. 2244.. Ñ The director of the Romanian IntelligenceService shall have a prime-deputy, who shall also be hisstatutory llooccuumm tteenneennss, as well as three deputies.

The prime-deputy director of the Romanian IntelligenceService and the deputy directors shall have the rank ofstate secretaries, and shall be appointed by the President ofRomania, at the proposal of the director of the RomanianIntelligence Service.

Section 4The structure of the Romanian Intelligence Service

AArrtt.. 2255.. Ñ In the structure of the Romanian IntelligenceService there shall enter units and sub-units, in agreementwith the specific character of its activity, equivalent to thestructure in ministries.

The units of the Romanian Intelligence Service shall besubordinated only to its leadership.

AArrtt.. 2266.. Ñ The structure, effectives, and calling up of thereservists of the Romanian Intelligence Service as well as itsOperation Regulations shall be approved by the SupremeCouncil of National Defence.

The Executive Body of the Romanian IntelligenceService, depending on needs, within the limits establishedby law and of the approved effectives, shall propose to theSupreme Council of National Defence the improvement ofthe structures of the Romanian Intelligence Service and theredistribution of the effectives.


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CHAPTER IIIStaff of the Romanian Intelligence Service

AArrtt.. 2277.. Ñ The staff of the Romanian Intelligence Serviceshall consist of permanent military cadres and civilemployees, who shall carry out operative and administrativepowers.

Those who, while belonging to the repressive structuresof the totalitarian state, have committed abuses, theinformers and collaborators of the Security as well as formeractivists of the communist party, guilty of offences againstthe fundamental rights and freedoms of man shall bedebarred from acting in the Romanian Intelligence Service.

The military cadres of the Romanian Intelligence Serviceshall have all the rights and obligations provided for themilitary of the Romanian Army, by statutory regulations,military statutes and rules.

The civil employees shall be subject to the provisions ofthe Code of Labour, and other statutory provisions andregulations of the Romanian Intelligence Service.

AArrtt.. 2288**.. Ñ The operative personnel of the RomanianIntelligence Service shall carry out its activity openly oderunder cover, in relation to the needs of achieving nationalsecurity.

The Romanian Intelligence Service shall ensure theprotection and appointment in other units or workingdepartments of the operative personnel who, while workingunder cover, have been disclosed under circumstancesexcluding their guilt.

AArrtt.. 2299.. Ñ The military staff shall be formed of graduates ofthe teaching institutions from its own system, militarycadres selected and transferred from the Ministry ofNational Defence or from the Ministry of the Interior, onthe basis of nominal requests of the director, with theagreement of the respective ministers, as well as of special-ists called up in the active cadres.

The military staff transferred from the Ministry ofNational Defence, from the Ministry of the Interior, or from


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* The Article 28 under Law on the organization and functioning ofthe Romanian Intelligence Service was modified by the Law No. 181 of9 October 1998 published in ÒMonitorul Oficial al RomânieiÓ (OfficialGazette of Romania), Part I, No. 389 of 14 October 1998.

other sectors of activity shall enter into the exclusivesubordination of the leadership of the RomanianIntelligence Service.

AArrtt.. 3300.. Ñ The selection, appointment, granting of gradesand promotion to grades and offices, transfers, passage intothe reserve, cessation or breach of the contract ofemployment shall be made according to the law, theOperation Regulations of the Romanian Intelligence Service,Statutes of the bodies of officers, military formen, and non-commissioned officers, and other statutory provisions.

AArrtt.. 3311.. Ñ The training of the staff shall be achievedthrough its own education system or in specializedinstitutions of the Ministry of the Interior and of theMinistry of National Defence.

AArrtt.. 3322.. Ñ The staff of the Romanian Intelligence Serviceshall identify itself with the service identity card, and inoperative missions also with the service badge. The modelof the service badge shall be that provided in Appendix 1.

AArrtt.. 3333.. Ñ The permanent military cadres of theRomanain Intelligence Service are entitled to a uniform,which shall be provided free of charge.

The classes of staff for whom the wearing of the uniform iscompulsory during service time shall be established by thedirector of the Romanian Intelligence Service.

The uniforms, rank insignia, and accesories shall beestablished in the Rules for the description and wearing ofuniforms for the staff of the Romanian Intelligence Service,approved by the Supreme Council of National Defence.

AArrtt.. 3344.. Ñ The Romanian Intelligence Service mayconscript recruits for its own watch and auxiliary activities,through the territorial military bodies on the basis ofrequests addressed to the High General Staff sixty daysbefore conscription date. In case its own watch effectivesare insufficient, these shall be made up with soldiers fromthe gendarmerie troops.

The Romanian Intelligence Service shall have amobilization body, which shall carry out the mobilization,and hold the record of the military and civil staff existingat peace time as well as that of the reservists.


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The functioning rules of this body shall be established bymutual agreement with the High General Staff of theMinistry of National Defence.

The record of the military situation of the staff shall bekept by the Romanian Intelligence Service, and forreservists also by the territorial military bodies.

AArrtt.. 3355.. Ñ The staff from the operative sectors of theRomanian Intelligence Service shall be public servantsfulfilling powers that imply the exercise of state authority,and they shall have all the rights and obligations providedby law for this quality.

AArrtt.. 3366.. Ñ The staff of the Romanian Intelligence Servicemay not belong to parties or other organizations with apolitical or secret character and may not be used forpolitical purposes.

The Romanian Intelligence Service shall not undertakeany activity to promote or damage the interests of apolitical party or natural and legal persons, except thoseactions of the above mentioned which run counter tonational security.

AArrtt.. 3377.. Ñ The military cadres and civil employees of theRomanian Intelligence Service shall have the obligation tokeep the state and professional secret strictly, includingafter leaving the service in any way whatsoever.

Any divulgence of data or information known as a resultof the quality of employee of the Romanian IntelligenceService, except cases authorized by law, shall be prohibitedand punished according to the law.

AArrtt.. 3388.. Ñ The successors of the cadres of the RomanianIntelligence Service deceased during and because of service,owing to acts of exceptional devotion to duty, shall begranted a pension equal to the integral pay they had had atthe moment of demise.

In case there are no successors, nor is there a survivingspouse, if the deceased was the only support of his parents,these shall benefit by one half of the successor pensionestablished according to the provisions of paragraph 1.

The pension for permanent disability, supervened owing toacts of exceptional devotion, shall be equal to the pay at therespective moment; and those involved shall also benefit onlyonce of a bonus equal to five times the pay.


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The staff of the Romanian Intelligence Service who,owing to acts of exceptional devotion, have suffered partialdisability, and are incapable of further exercising theirprofession shall benefit, besides the rights resulting fromretirement on a pension, of a bonus equal to three timesthe pay at the respective moment.

AArrtt.. 3399.. Ñ For special merits in the defence of RomaniaÕsnational security, the cadres of the Romanian IntelligenceService may be awarded decorations provided by law forthe military of the Romanian armed forces.

CHAPTER IVMaterial assurance

AArrtt.. 4400.. Ñ The Romanian Intelligence Service shall:a) elaborate and substantiate its own income and

expenditure budget, ensure the financing of the units, co-ordinate and control the economic activity of the personsentitled to authorize expenditure from the budgetsubordinate to it;

b) approve, within the limit of its competences, the tech-nical and economic documentations for its own investmentworks, and supervise their execution at the establishedterms;

c) carry out import-export activities of apparatus andtechnics specific to intelligence work, and ensure adequatetechnical aid, according to the law;

d) establish utilization, maintenance, and repair normsfor the armament, technics, and other goods part of itsequipment, as well as consumption norms for ammunitionand other materials;

e) establish norms concerning the material and financialassurance, discounting, recording and controlling thematerial and financial means necessary to subordinateunits;

f) exercise any other powers granted by law.AArrtt.. 4411.. Ñ The Romanian Intelligence Service shall endow

itself with the armament, ammunition, and fighting technicsrequired for carrying out antiterrorist defence andintervention tasks, the transport of secret correspondence, itsown watch, and other service missions.


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AArrtt.. 4422.. Ñ The buildings, transport vehicles, technicalapparatus, and other material means necessary to thefunctioning of the Romanian Intelligence Service shall beprovided by the Government.

The financial funds required for carrying on the activityof the Romanian Intelligence Service shall be providedwithin the framework of the State budget approved byParliament.

The Romanian Intelligence Service shall have its ownfleet of transport means for the central machinery and thesubordinate units, which shall be established by the unitsendowment tables, approved by the director.

AArrtt.. 4433.. Ñ Under the control of Parliament, in relation toits own needs, and with strict observance of the legal provi-sions, within the framework of the Romanian IntelligenceService may function: a self-managed public company,production trading companies, health institutions as well asassociations with a cultural and sporting character.

CHAPTER VFinal provisions

AArrtt.. 4444.. Ñ In case of necessity and when the use of othermeans of hindering or constraint is not possible, the staff ofthe Romanian Intelligence Service shall be authorized tocarry arms, to use the force of side arms or fire arms, inthe terms provided by law.

AArrtt.. 4455.. Ñ Internal documents of any kind of theRomanian Intelligence Service shall have the character of astate secret, they shall be kept in its own archive, and maybe consulted only with the directorÕs approval, in the termsof the law.

Documents, data, and information of the Romanian Intelli-gence Service may become public only after the passage of aperiod of forty years since they have been deposited intoarchives.

The Romanian Intelligence Service shall take over, forpreservation and utilization, the archive funds concerningnational security from the former intelligence bodies withcompetence on RomaniaÕs territory.


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The archive funds of the former Department of StateSecurity, regarding national security, may become publiconly after the passage of a period of forty years since theadoption of the present law.

AArrtt.. 4466.. Ñ For individualization and recognition, theRomanian Intelligence Service shall use a siglum with thepattern and description provided in Appendix 2. The siglumshall be the branch sign of the Romanian IntelligenceService.

AArrtt.. 4477.. Ñ Appendices 1 and 2 shall be an integral part ofthe present law.

AArrtt.. 4488.. Ñ The Decree of 26 March 1990 issued by theProvisional Council of National Union with regard to thesetting up of the Romanian Intelligence Service as well asany other provisions contrary to the present law shall beabrogated.


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APPENDIX No. 1


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** SRI stands for Serviciul Român de Informaþii, i.e.The Romanian Intelligence Service.

** HOMELAND AND HONOUR.

TTHHEE RROOMMAANNIIAANNIINNTTEELLLLIIGGEENNCCEE SSEERRVVIICCEE

RREEQQUUEESSTTSSTTHHEE PPUUBBLLIICC AADDMMIINNIISSTTRRAA--TTIIOONN AAUUTTHHOORRIITTIIEESS,, TTHHEEJJUUDDIICCIIAARRYY SSYYSSTTEEMM AANNDDCCIITTIIZZEENNSS OOFF TTHHEE CCOOUUNNTTRRYYTTOO LLEENNDD TTHHEE WWEEAARREERR OOFFTTHHIISS IIDDEENNTTIIFFIICCAATTIIOONN CCAARRDDTTHHEE NNEECCEESSSSAARRYY SSUUPPPPOORRTTIINN CCAARRRRYYIINNGG OOUUTT TTHHEE SSTTAA--TTUUTTOORRYY PPOOWWEERRSS..

*

**

APPENDIX No. 2PATTERN AND DESCRIPTION

OF THE ROMANIAN INTELLIGENCE SERVICEÕS SIGLUM

The siglum shall consist of a basic square, having fourisosceles triangles designed on the middle of its sides.

The basis of the isosceles triangle shall be equal to onehalf the size of the squareÕs side.

The height of the isosceles triangles shall be equal to onehalf of the squareÕs side.

The bases of the isosceles triangles common with thesides of the square are not designed.

The square and the four isosceles triangles form analternately unequal eight cornered star.

The heights of opposite vertices are equal two by two,the vertices formed by the corners of the square beingsmaller than the vertices formed by the four isoscelestriangles.

The relation between the radius of the circle inscribedwithin the basic square and that within which the star isinscribed shall be of 1 to 2.

Within the basic square shall be inscribed the initialsS.R.I., with block letters.

The height of the letters shall be in relation of 2 to 1 totheir width.


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L A Won the organization and the operation

of the Romanian Police*


AArrtt.. 11.. Ñ The Romanian Police is part of the Ministry ofthe Interior, and it is a specialized institution of the Statewhich exercises on the CountryÕs territory the powersconcerning the defence of the personÕs basic rights andfreedoms, of private and public property, the preventionand discovery of offences, the observance of law and order,in the terms of the law.

AArrtt.. 22.. Ñ The activity of the Romanian Police shall beperformed exclusively on the basis and enforcement of thelaw. Police officers may not be members of political partiesor formations.

AArrtt.. 33.. Ñ In carrying out its duties, the Romanian Policeshall co-operate with other state institutions, empowered tosafeguard the rule of law, and it shall co-operate in thissense with members of the community, within the limits ofthe law.

AArrtt.. 44.. Ñ The police shall be organized in keeping with theadministrative organization of the CountryÕs territory. It mayalso be organized with reference to the specific character ofcertain sectors of the national economy Ñ rail, air, and navaltransports Ñ or of certain economic and social units,depending on their number and importance.

Police units shall be set up by order of the Minister ofthe Interior.

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* The Law No. 26/May 12, 1994 Ñ Law on the organization and theoperation of the Romanian Police Ñ was published in ÒMonitorul Oficialal RomânieiÓ (Official Gazette of Romania), Part I, Nr. 123, May 18, 1994.

CHAPTER IIOrganization and operation

Section 1Organizational structure

AArrtt.. 55.. Ñ The Romanian Police shall have the followingorganizational structure:

a) the General Police Inspectorate;b) the General police directorate of the Municipality of

Bucharest;c) the police inspectorates of the counties;d) the police inspectorates for rail, air, and naval

transports;e) educational institutions for the training and

specialization of police officers.AArrtt.. 66.. Ñ The General Police Inspectorate shall be the

central police unit charged to conduct, direct and controlthe activity of all other police units; it shall carry outoperative activities in causes of particular importance, andany other activity given in its competence by law.

AArrtt.. 77.. Ñ The General Police Inspectorate shall becommanded by an Inspector General, appointed by decisionof the Government, at the proposal of the Minister of theInterior. The Inspector General shall be seconded by anumber of deputies, appointed at his proposal by theMinister of the Interior.

In enforcing the law, the Inspector General of the Policemay issue orders obligatory for the subordinate personnel.

AArrtt.. 88.. Ñ The General Police Inspectorate shall have in itsorganizational structure general directorates, directorates,brigades, services, and offices set up with approval of theminister of the interior, within the limits of the allotedfunds.


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Section 2Territorial units subordinate to the General Police Inspectorate

AArrtt.. 99.. Ñ In the Municipality of Bucharest there shallfunction the General Police Directorate of the Municipalityof Bucharest commanded by a director-general, seconded bydeputies.

In the counties there shall function police inspectoratescommanded by a chief of the inspectorate, seconded bydeputies.

The director-general of the General Police Directorate ofthe Municipality of Bucharest as well as the chiefs of thecounty police inspectorates shall be appointed and removedfrom office by order of the Minister of the Interior, withthe advisory opinion of the prefect.

AArrtt.. 1100.. Ñ Within the framework of the General PoliceDirectorate of the Municipality of Bucharest there shall beorganized and function district police units correspondingto its territorial-administrative organization.

In each district there shall be organized and functionpolice stations. Their number shall be established by orderof the Minister of the Interior, depending on the extent ofthe territory, number of population, number andimportance of the economic, social, and political units aswell as on the specific tasks of activity.

AArrtt.. 1111.. Ñ In county municipalities and towns there shallfunction municipal and town police units, and incommunes, police posts.

In municipalities, police stations can be set up, and incommunes with a large territorial area, with scatteredvillages and hamlets, police offices may be set up, accordingto the criteria, and in the terms provided under Article 10,paragraph 2.

AArrtt.. 1122.. Ñ In the rail, naval, and air transport sector,police inspectorates for transports, with specific competence,shall be organized and function.

The number of police inspectorates for transports andtheir territorial area of competence shall be established byorder of the Minister of the Interior.

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The police inspectorates for transports shall have in theirstructure departments, offices, compartments as well aspolice posts for rail, naval, and air transports.

The chiefs of the police inspectorates for transports andtheir deputies shall be appointed by order of the Ministerof the Interior.

AArrtt.. 1133.. Ñ The General Police Directorate of theMunicipality of Bucharest, the county police inspectorates,the police inspectorates for transports, the municipal andtown police forces, and the police stations within the frame-work of the districts of the Municipality of Bucharest, andof other large municipalities may be organized in brigades,departments, offices, and compartments, according to theorder of the Minister of the Interior and they shall carry ontheir activity on the basis of the organization andfunctioning regulations.

AArrtt.. 1144.. Ñ By order of the Minister of the Interior, at theproposal of the chief of the General Police Inspectorate,within the framework of the county police inspectorates,and of the General Police Directorate of the Municipality ofBucharest, police units may be set up in economic andsocial units and domains of public interest, depending onthe concrete working needs and within the limit of theavailable effectives and approved funds.

CHAPTER IIIPowers

AArrtt.. 1155.. Ñ The Romanian Police shall have the followingpowers:

a) to defend the life, corporal integrity, and freedom ofthe persons, the private and public property, and otherlegitimate rights and interests of the citizens and of theState;

b) to safeguard the maintenance of law and order, andthe observance of the law;

c) to ensure, together with the troops of thegendarmerie, directly or in co-operation with otherlegitimate forces of the State, the control of themanifestations of violence, the neutralization of someactions of a nature to prevent the normal development of


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activity on public roads, in markets and squares, railwaystations, in zones of access at check points for the passageof the frontier, and in other areas of particular importance,and to restore public order;

d) to establish the necessary measures, according to thetasks entrusted by law, with regard to the safeguarding ofthe normal development of public meetings andmanifestations;

e) to direct and co-ordinate the organization andfunctioning of the watch of property at public institutionsand at economic trading organizations with state capital,and at request, to grant specialist support to economictrading organizations with private capital as well as to otherapplicants, in the organization and functioning of the watchover property;

f) to act for the collection of information with a view totaking cognizance of, preventing, and combatting criminaloffences as well as in situations when there are data orindications that the commitment of illicit acts is beingprepared;

g) to carry on, according to the competence establishedby law, activities for the verification of the commitment ofoffences provided by the criminal law, and to carry outinvestigations in connection with these offences;

h) to ensure the watch and functioning, in the terms ofthe law, of the places of police custody and detention onsuspicion organized within the framework of the policeunits;

i) to carry on specific police activities in the domain ofrail, naval, and air transports;

j) to exercise the control, according to the law, on thepossession, carrying, and using of arms and ammunitions,the holding and using of explosives, the way in whichoperations with arms, ammunitions, and explosives arecarried out as well as on the functioning of arms repairshops;

k) to exercise the control, according to the law, on theobservance of the terms of the law with reference to toxicsubstances and products, drugs, and radioactive substan-ces as well as on other objects and matters subject to

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licensing, which represent a public danger, or which can beused to commit criminal offences;

l) to supervise and conrol the road traffic, hold recordsof car drivers and of motor-vehicles, except cases providedby law; to co-operate with other public authorities forimproving traffic organization and systematization; toensure a good technical condition of motor-vehicles,improvement of the skill of motor-car drivers, and the roadeducation of the participants in the traffic;

m) to co-operate with teaching institutions and theteaching staff in the education activity of children andyoung people with a view to the correct circulation onpublic roads;

n) to co-ordinate and direct in a unitary way, togetherwith the Department for Local Public Adminitration, theactivity of the public administration concerning the civilstatus of a person, and to provide the registers andcertificates necessary for this activity;

o) to keep the record of the population, deliver identitypapers, and register changes of the permanent place ofresidence as well as of the transitory residence of Romaniancitizens, in the terms of the law; in communes, to hold thenominal record of the Romanian citizens with militaryobligations;

p) to organize, in the terms of the law, the criminalrecord for the identification of convicted offenders orpersons against whom measures with a penal characterwere taken;

r) to establish and apply sanctions for contraventionsto legal provisions given in the competence of policeconstables;

s) to participate, together with the gendarmerie andfiremen units, in co-operation with troops of the Ministry ofNatioal Defence, units of civil protection, and other bodiesprovided by law, in saving and evacuation activities ofpersons and property endangered by fires, explosions,injuries, accidents, epidemics, natural calamities andcatastrophies, as well as in activities for the limitation andremoval of the sequels caused by such events;

t) to fulfil any other powers that are given to it by law.


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The territorial units shall have the obligation to lendsupport to the prefects, mayors, and chairmen of the countycouncils in the exercise of their powers for the maintenanceof law and order.

CHAPTER IVRights and obligations

AArrtt.. 1166.. Ñ In the achievement of the powers incumbenton them, according to the law, police officers shall beinvested with the exercise of public authority, and theyshall have the following rights and obligations:

a) to check the papers and establish the identity ofpersons infringing legal provisions, or who are suspects,and to take the legal measures called for;

b) to conduct to the seat of police, with a view to takinglegal measures, those who, by their actions, endanger publicorder, the life of persons, or other social values as well assuspects whose identity could not be established.

Persons suspected of actions endangering public order,the life of persons, or other social values, who refuse toidentify themselves, or whose identity could not be estab-lished shall be conducted to the seat of the police for theclarification of the situation and, as the case may be, theirimmediate presentation before the competent body ofcriminal prosecution, which activities cannot last longerthan twenty-four hours;

c) to invite at the seat of police persons whose presenceis necessary for the accomplishment of the legal powers ofthe police, by written summons, stating the reason and aimof the invitation;

d) to take the measure of holding in custody, to carryout orders to offender, warrants for arrest, and those forthe execution of punishments in the cases and in the termsprovided by law.

The investigation bodies of the police shall have theobligation to inform immediately the person held incustody or under arrest, in the language that person canunderstand, of the reason of the holding in police custodyor arrest, and of the charge, in the shortest possible time.The charge shall be brought only in the presence of an

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advocate chosen by the defendant or a counsel for thedefence appointed ex officio;

e) to grant support to persons in office involving theexercise of public authority, if they encounter physicalresistance in the execution of their professional duties;

f) to enter, for carrying out their legal duties anyprecinct of economic units, public or private institutions, ofsocial and political organizations, regardless of the holderor owner or of its destination, on board of Romanianvessels or airships, with observance of statutory provisions.Any search or act of criminal prosecution shall be madeonly with the consent of the management of these units,institutions, or organizations, of the commanders of thevessels or airships, or with the magistrateÕs authorization,in the terms approved by law.

In case of flagrant criminal offences, the consent orauthorization are not required;

g) to enter the home of natural persons, at their request,or with their written consent, or with a magistrateÕsauthorization in the terms provided by law.

In case of flagrant criminal offences the consent orauthorization shall not be necessary;

h) to control the vehicles in traffic on the roads, in caseof commitment of severe offences, or when there are goodreasons that the commitment of offences is imminent, andthe person or the goods looked for are in the controlledarea;

i) to carry out controls and raids, when there areindications with regard to the commitment of offences, orthe hiding of offenders or property proceeding fromcriminal offences;

j) to carry the armament with which they are equipped,and the necessary ammunition, regardless of whether theyare in uniform or civilian dress, and to use, for theachievement of the missions, motor vehicles with orwithout the official marks of the police;

k) to use any transport and telecommunication means,regardless of the owner or holder Ñ natural person or legalperson Ñ except those belonging to the diplomatic corps, fortaking any legal measures which do not suffer delay andwhich cannot be otherwise accomplished. The expenditure


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incurred shall be payed subsequently, at the request of theowners, and they shall be charged to the funds of the policebodies or to the persons having determined theintervention, as the case may be;

l) to use, free of charge, any public means of transportwhile in service for the carrying out of tasks which cannotbe otherwise performed; the staff of the transport policeshall be entitled to use, free of charge, any rail and navalmeans of transport in carrying out their service tasks. Thetransport means shall be used on the basis of the serviceidentity card;

m) to request the support of the citizens for thefulfilment of legal duties with reference to the pursuit,catching, immobilizing, and conducting to the police unitsof offenders, of persons undertaking actions endangeringthe corporal integrity of other persons, of those who, byviolent acts, disturb law and order, or maliciously damageor destroy property, as well as of persons undertakingactions of severe injury or insult against officials whileperforming a duty involving the exercise of publicauthority;

n) to exercise any other rights and carry out any otherduties provided by law.

In exercising their powers, police officers shall have theobligation previously to make their quality known and topresent the service identity card. They shall be obliged toact with impartiality and dignity, to have polite andcivilized manners towards the citizens, but firm andrelentless behaviour towards those infringing the laws ofthe country.

AArrtt.. 1177.. Ñ In order to combat organized crime andserious offences, in the interest of criminal prosecution, thepolice may request the competent public prosecutorÕs officeto authorize the interception of postal and telephone servicesby the empowered bodies according to Law No. 51/1991.

AArrtt.. 1188.. Ñ In order to prevent and neutralize aggressiveactions of persons who cause serious disorder, and whichcould not be staved off or anihilated by the use of otherlegal means, police officers may use protective shields,helmets with a protective visor, rubber truncheons,

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electrostatically charged truncheons, tear-gas devices, waterjets, firearms with rubber bullets, police dogs as well asother means of immobilization, which, likewise, are notdangerous to life, nor likely to produce serious corporalinjury.

The means provided under paragraph 1 may be usedagainst persons who:

a) undertake actions endangering the corporal integrityof other persons;

b) try to penetrate or unlawfully penetrate into the seatsof public administration bodies, of political parties, or ofother institutions of public or private interest, and imperilin any way their security, or that of the personnel, or disturbthe normal carrying on of activity;

c) outrage the order enforcing bodies, or persons whoseoffice involves the exercise of public authority, by threats,striking, or any other acts of violence.

The use of the means provided under paragraph 1against participants in aggressive actions shall be madegradually, after previously calling repeated attention on theuse of such means and allowing the necessary time for theactions to cease and the zone to be left. The means usedmust not exceed the real needs for the prevention orneutralization of the aggressive actions.

AArrtt.. 1199.. Ñ In case of absolute necessity, and when the useof other means of prevention or constraint is not possible,police officers may use the force of side arms or fire arms,in the terms strictly provided by law for:

a) defending themselves and other persons againstattacks that endanger their life and health as well as for theliberation of hostages;

b) repelling of attacks directed against the seats or otherpolice property or against members of the forces of order,when their lives are in imminent danger;

c) defending the objectives, or the perimeter of the piece ofground, or the persons of which they are responsible;

d) taking into custody of offenders caught in the act,who shall try to flee and who donÕt obey to summons ofremaining in the place of the act;

e) taking into custody of offenders who shall haveresisted arrest by the use of side arms or fire arms, or of


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those who shall have escaped from the place of detention,or run away while under escort.

AArrtt.. 2200.. Ñ Use of the means provided under Articles 18and 19 shall be prohibited against women showing visiblesigns of pregnancy, persons with obvious signs of invalidity,and children, except cases when they carry out an armed orgroup attack, endangering the life or corporal integrity ofsome people.

AArrtt.. 2211.. Ñ In the cases provided under Articles 19 and 20,arms shall be used only after making a legal summons. Thesummons shall be made by uttering the word: �Halt!Ò. Incase of insubordination, the summons shall be repeated bycalling the phrase: �Halt, or I shoot!Ò. If the person (orpersons) involved do not submit at this second summons, athird summons shall be made by a shot upwards, in avertical plane. In case that, after the legal summoning hasbeen carried out, according to the provisions of the presentarticle, the person (or persons) involved fail to submit, firearms may be used against that person (or those persons).Fire arms shall be used in such a way that it shall result inthe immobilization of the person (or persons) against whomthe fire arms are being used, so as to avoid causing thedeath of that person (or those persons).

If the necessary time for a summons is lacking, fire armsmay be used without summoning in case of attacks bysurprise exercised against police officers or other persons aswell as for taking into custody offenders who retort withside arms or fire arms.

AArrtt.. 2222.. Ñ The police shall intervene in force forpreventing or neutralizing manifestations wich disturbpublic law and order, endanger the life and corporalintegrity of the persons and order enforcing authorities, orthreaten to devastate or destroy buildings and property ofprivate or public importance.

The intervention in force of the police and of otherorder enforcing authorities, with the technical means oftheir equipment, shall be decided, for each case in part, bythe prefect, mayor, or their deputies from the locality inwhich such events have taken place, at the request of thechief or deputy-chief of the local police.

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The technical means of the equipment can be used onlyafter warning and summoning, by sound amplifying means,of the participants in the disorder, calling their attention tothe need of observing law and order. If, after summoning,law and order is further infringed, the police officerappointed chief of the order enforcing disposition or thehierarchical chiefs shall summon the participants by usingthe formula: First summons: �Attention, please leave the...We shall use force!Ò, followed by light and sound signals. If,after the passage of the necessary time period fordispersion, the summoned people do not submit, a lastsummons shall be uttered thus: The last summons: �Leavethe... Force shall be used!Ò

If, in such situations the use of fire arms is called for,the last summons shall be repeated once more before usingthem.

The use of prevention and constraint means shall ceaseas soon as public order shall have been restored.

Approval of the intervention is not necessary in caseviolence is exercised against the order enforcing bodies, orthese shall be in a situation of imminent danger.

AArrtt.. 2233.. Ñ Each situation in which arms have been usedshall be urgently reported hierarchically. If, as a result ofthe use of arms the death or injury of a person hasoccurred, the competent public prosecutor shall beimmediately informed.

AArrtt.. 2244.. Ñ Police officers who have the power to act ascriminal investigation bodies shall be designated by orderof the inspector general of the police.

In carrying out their specific activities, police officersshall have the territorial competence corresponding to thatof the police unit to which they belong.

In case of carrying on a specific measure or activity,police officers may also act in the territorial area of otherpolice units, informing of this the competent unit.

In case of detailing for service or assignment of amission in the territorial area of another police unit, policeofficers shall have the territorial competence established forthat unit. Police officers from the General Inspectorate ofthe Police shall have a general territorial competence.


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AArrtt.. 2255.. Ñ Police officers shall have the obligation tointervene also beyond their work hours, service duties, andterritorial competence of the unit to which they belong,when they are aware of the existence of a flagrant criminaloffence as well as for preserving the evidence in the case ofoffences whose investigation shall be carried outsubsequently by the competent bodies.

CHAPTER VThe staff of the Romanian Police

AArrtt.. 2266.. Ñ The staff of the Romanian Police shall becomposed of police officers and civilian employees.

The specific service rights and duties of police officersshall de established by statute.

AArrtt.. 2277.. Ñ Police officers shall be forbidden to causephysical or mental pain for the purpose of obtaining, froma questioned person or from a third person, information orconfessions, to punish for an act which that person or athird person might have or is supposed to have committed,to intimidate or to make pressure on a person or on a thirdperson.

Likewise, police officers shall be forbidden to commitacts of torture in any circumstances whatsoever, whether inwartime or on the eve of war, internal political instabilityor any other state of emergency.

Police officers may not offer as an excuse the order ofthe superior, or of another public authority, to justify aninfringement of the law in any of the situations providedunder paragraphs 1 and 2.

AArrtt.. 2288.. Ñ Police officers shall answer for acts committedabusively while fulfilling their service duties, or omitting tofulfil their duty, and they may be called to account in theterms provided by law.

AArrtt.. 2299.. Ñ The police staff shall have the obligation towatch that the state of health and corporal integrity of thepersons in their custody be fully protected, and especiallyto take measures that medical care be immediately grantedeach time when this is called for.

AArrtt.. 3300.. Ñ The police staff shall behave correctly, itshall be upright and incorruptible, and act firmly to

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prevent and combat any acts of a nature likely to diminishthe authority and prestige of the institution.

AArrtt.. 3311.. Ñ The police staff shall be subject to observe thelaw, and act for preventing any infringement of it. Thepolice staff who becomes aware of an infringement of therules with regard to the police officerÕs conduct shall beobliged to report it to the hierarchical superiors, and, ifneed be, to other competent authorities.

AArrtt.. 3322.. Ñ The police staff shall enjoy stability at thepolice unit where they were appointed. The promotion inoffice, removal, transfer, detailing for service as well asdismissal from the police can be made in the casesprovided by the statute and regulations approved by theMinister of the Interior.

AArrtt.. 3333.. Ñ The civil employees shall be subject to theprovisions of the statute of public servants, the provisionsof the Code of Labour, and other statutory norms withreference to their rights and duties, to the extent to whichby the present law it is not otherwise stipulated.

AArrtt.. 3344.. Ñ Police officers shall be appointed from amongthe graduates of the specialist teaching institutions.

In order to meet the need of specialists, the graduates ofcivil teaching institutions may also be appointed to thepolice.

The General Inspectorate of the Police shall organizecourses of lectures for the specialist trainig of policeofficers, the improvement of their specialist training, and ofthat of the civil employees, within the limit of the fundsapproved to this end.

For certain periods of time, in the terms of the law, policeofficers from the reserve may be recalled in activity.

AArrtt.. 3355.. Ñ On appointment, police officers shall take theoath provided by the police officerÕs statute.

On being appointed, civil employees shall take thefollowing oath: �I swear to observe the Constitution andlaws of the Country, to keep the professional secret, and tofulfil in good faith the tasks entrusted to me.Ò

AArrtt.. 3366.. Ñ The money dues of the police staff shall bethose established by laws and Government decisions, on thebasis of which the Minister of the Interior may issueapplication orders and instructions.


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AArrtt.. 3377.. Ñ The pension rights of the police staff shall beestablished in the terms of the law.

The police staff, their families and descendants shallhave assured medical and social assistance, and the rightsto social security, as the case may be, in the terms providedby law.

AArrtt.. 3388.. Ñ In exercising their service duties, policeofficers shall enjoy special protection, according to theprovisions of the criminal law.

In the case of offences committed against the spouses, orchildren of police officers, aiming at intimidation orrevenge for legal measures taken by them in the exercise oftheir service powers, the maximum limits of the penaltiesprovided by the Criminal Code shall be increased by twoyears.

The murder committed against police officers in theexercise of their service duties or in connection with thecarrying out of these duties shall constitute a particularlysevere killing offence, and it shall be punished according toArticle 176 of the Criminal Code.

AArrtt.. 3399.. Ñ Police officers who shall have lost all or mostof their working capacity as a result of offences committedagainst them during or in connection with their serviceshall receive a pension for permanent invalidity equal tothe salary received at the respective moment, and they shallbenefit once only of a gratification equal to five times thepay received in the last month of activity.

Police officers who shall have become partiallyincapable of work under the terms of paragraph 1, andare unable to continue the exercise of their professionshall benefit by a pension equal to at least one half of thepay received in the last month of activity, by agratification equal to three times the pay received at therespective moment as well as by the right to cumulate thepension with the wages they might receive for anotheractivity carried out.

AArrtt.. 4400.. Ñ The successors of police officers deceasedduring or because of the service, or in the terms of Article38 paragraph 3 shall be granted a pension equal to thewhole pay they had at the date of the demise.

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In case there are no successors nor surviving spouse, ifthe deceased was the only supporter of his parents, theseshall benefit, in the terms of the law, by one half of thesuccessor pension, established according to the provisionsunder paragraph 1.

AArrtt.. 4411.. Ñ Of the rights under Articles 38, 39, and 40shall benefit any member of the armed forces who shallhave paticipated in co-operation activities with a view to thecarrying out of certain tasks.

AArrtt.. 4422.. Ñ In the case of the persons provided underArticle 38, subject to threats or ill-treatments, as a means ofintimidation or revenge, the Ministry of the Interior shallhave the obligation operatively to grant them all thesupport with a view to remove the danger, catch and bringthe culprits to account.

AArrtt.. 4433.. Ñ The Ministry of the Interior shall advance thesums necessary to cover the material prejudice suffered bypolice officers and members of their families, in the termsof Article 38, subsequently recovering them from theculprits, according to the law.

AArrtt.. 4444.. Ñ The components of the armed forces co-operating with the police, who shall have cases enteringunder the sphere of Article 38 shall provide the sumsnecessary to cover the material prejudice suffered bymembers of the armed forces and their families.

AArrtt.. 4455.. Ñ The police staff may be granted orders, medals,and titles of honour, provided by the law, for faithfully fulfillingthe obligations incumbent on them for defending publicorder and the laws of the country.

CHAPTER VIFinal provisions

AArrtt.. 4466.. Ñ The units of the Romanian Police shall co-operate with:

a) the specialist central public authorities and the localpublic administration authorities;

b) the state bodies with powers in the domain of nation-al security;

c) the large units, units, and institutions of the Ministryof National Defence in fulfilling certain duties with regardto the watch of certain economic and social units, control of


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violent manifestations, and restoring lawful order, civildefence, carrying into effect of military obligations,circulation on public roads as well as of other dutiesprovided by law or established by the Government, or bydecisions of the Supreme Council of National Defence;

d) the other units and bodies of the Ministry of the Interior.AArrtt.. 4477.. Ñ The chiefs of the local police bodies shall have

the obligation periodically or on request to inform theprefects and mayors on the state of offences, measures takenfor the prevention and discovery of crimes, maintenance oflaw and order, assurance of the watch, and they shallrequest the public administrationÕs support in connectionwith measures called for in the territorial-administrativeunit for the application and observance of the laws, and thedecrees, decisions, and statutory orders of the Government.

AArrtt.. 4488.. ÑInformation with a confidential character in thepossession of the police staff shall be kept secret, exceptcases when the duties of the office or the needs of justicecall for their disclosure.

AArrtt.. 4499.. On request, the General Police Inspectorate mayauthorize the setting up of detective associations, or theexercise of the private detective office.

The authorization conditions for the organization andfunctioning of detective associations, or the exercise of theprivate detective office shall be established by Governmentdecisions.

AArrtt.. 5500.. Ñ The Romanian Police shall co-operate withsimilar bodies from other states and with internationalpolice bodies on the basis of understandings to whichRomania is part. Within the framework of the InternationalCriminal Police Organization Ñ INTERPOL Ñ the RomanianPolice shall co-operate with the national police authoritiesof other states members of this organization.

AArrtt.. 550011**.. Ñ In the interest of ensuring the law and orderand collective security, at the request of the President ofRomania, the Parliament may approve the participation ofthe Romanian Police, with effectives and equipment in

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* The Article No. 501 under Law on the organization and funcþioningof the Romanian Police was added by the Law No. 179 of 4 November1997 published in ÒMonitorul Oficial al RomânieiÓ, Part I, No. 305 of 10 November 1997.

endowment, in the setting up of the international policeforces destined to some missions of training, assistance andco-operation in the specific domains and for humanitarianactions.

During the fulfilment of the missions stipulted underpara 1, the police effectives participating shall have theregime of the military from the troops of the Ministry ofNational Defence that carvy out missions abroad.

AArrtt.. 5511.. Ñ The Romanian Police shall organize its ownoffences and criminality data bank.

AArrtt.. 5522.. Ñ Police units shall use their own motor vehiclefleet and they shall be equipped with the fighting technics,technical and scientific apparatus, and other necessarymeans for the fulfilment of their service duties.

Health assistance units, sports sections or associations,and appended farms may be constituted as part of thepolice units.

AArrtt.. 5533.. Ñ The structure of police units and the staffposts for each unit shall be established by the Minister ofthe Interior in relation to the effectives approved byGovernment decisions.

AArrtt.. 5544.. Ñ Within 90 days after enactment of the presentlaw, the Government shall subject to Parliament forapproval the bill on the statute of police officers.

AArrtt.. 5555.. Ñ The Law No. 21 of 18 November 1969 on theorganization and functioning of the militia as well as anyother contrary provisions shall be abrogated.


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LAWon the national defence of Romania*


AArrtt.. 11.. Ñ The National Defence shall comprise the aggregateof measures and activities adopted and carried out by theRomanian State in order to ensure the national sovereignty,the independence and unity of the state, the countryÕsterritorial integrity, and constitutional democracy.

AArrtt.. 22.. Ñ The activities regarding the national defence areensured and carried out by the public authorities accordingto the competences stipulated by the Constitution and theother laws of the country.

The measures adopted in connection with the nationaldefence shall be compulsory for all the citizens of the coun-try, for the public authorities and public and privateinstitutions, and for all economic trading organizationsirrespective of the property form.

AArrtt.. 33.. Ñ The regulations regarding the national defenceshall be based on the observance of the provisions of theConstitution and of the countryÕs laws, on the principles ofthe military doctrine of the Romanian State, and on therules generally accepted by the international law, as well ason the provisions of the conventions which Romania isparty to.

AArrtt.. 44.. Ñ In case of an aggression that shall encroachon the territorial integrity, on the existence and unity ofthe Romanian State and of the Romanian people, anaggression the proportions of which shall surpass thecombative capacity of the armed forces organized on theprinciple of the defensive sufficiency, the ripost shallinclude the corresponding forms in which all necessaryhuman and material resources will be engaged in orderto repulse the respective aggression.

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*The Law No. 45/July 1, 1994, Ñ Law on the national defence ofRomania Ñ was published in ÒMonitorul Oficial al RomânieiÓ (OfficialGazette of Romania), Part I, No. 172, July 7, 1994.

AArrtt.. 55.. Ñ In the interest of the collective security and inaccordance with the obligations assumed by Romaniathrough international treaties, at the request of thePresident of Romania, there shall be submitted to theParliament for approval the participation with effectivesand military techniques to the constitution of theinternational forces meant to the maintenance of the peaceor having humanitarian purposes.

The participation without RomaniaÕs territory of some unitsof the army with effectives and military techniques at thecommon military exercises with units of other states shall beapproved by the Supreme Council of National Defence underthe previous notification of the Parliament.

The development, in a determined period of time, of thearmyÕs exercises and operations that shall involve theentering, sojourn or the passing of certain foreign militaryunits on the RomaniaÕs territory shall be separatelyapproved for each case by the Parliament of Romania at theprevious request of the President of Romania.

CHAPTER IIThe structure of the national defence system

AArrtt.. 66.. Ñ The national defence system shall include: thecommand, the forces, the resources, and the territorialinfrastructure.

AArrtt.. 77.. Ñ The command of the national defence systemshall be an exclusive and inalienable prerogative of theconstitutional authorities of the state and shall be carriedout by: Parliament, the President of Romania, the SupremeCouncil of National Defence, the Government of Romania,the Ministry of National Defence, and the authorities of thepublic administration which have prerogatives in the domainof the national defence.

AArrtt.. 88.. Ñ In order to command the military actions onstrategical level in wartime the General Headquartersshall be set up, directly subordinate to the SupremeCouncil of National Defence. The appointment of thehead of the General Headquarters shal be made by thePresident of Romania, at the proposal of the minister ofnational defence.


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The organizational structure and the powers of the GeneralHeadquarters shall be established in the peacetime by adecision of the Supreme Council of National Defence, at theproposal of the minister of the national defence.

AArrtt.. 99.. Ñ In order to ensure the unitary command in thewartime, in each county, and in the Municipalitiy ofBucharest it shall be set up by a decision of the SupremeCouncil of National Defence, the office of militarycommander subordinate to the General Headquarters.

The powers of the military commander shal be establishedin peacetime by the General Staff and they shall beapproved by a decision of the Supreme Council of NationalDefence.

The appointment of the military commanders of thecounties and of the Municipality of Bucharest shall becarried out by the head of the General Headquarters.

AArrtt.. 1100.. The forces destined to the defence shall becomposed of armed forces and protection forces.

AArrtt.. 1111.. Ñ The armed forces shall include the army, largeunits, and units subordonate to Ministry of the Interior,those belonging to the intelligence services of the state, andother armed defence formations organized in accordancewith the law.

AArrtt.. 1122.. Ñ The protection forces shall include: the civilianprotection units and formations, the sanitary-voluntaryformations of the Red Cross, and other formations thatshall be established by the law.

AArrtt.. 1133.. Ñ The forces destined to the defence shall carryon specific trainig activities in the boundaries of theterestrial, aerial, maritime and fluvial national space, byobserving the standards of the environment protection.

In order to carry out these activities, the forces destinedto the defence shall make use of the shooting ranges andthe other fittings out at their disposal, as well as of theplots of land, airports, airfields, harbours, spaces and otherimmovables established together with the respectiveauthorities of the public administration, natural or legalpersons, in keeping with the provisions of the law onrequisitions.

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After the performing the activities provided underparagraphs 1 and 2, the respective immovables shall berestored in the state in that they have been taken over.

AArrtt.. 1144.. Ñ The resources of the national defence shall beconstituted of the whole of human, financial, material andother resources that the state shall ensure and engage inthe supporting the efforts of the countryÕs defence.

AArrtt.. 1155.. Ñ The human resources shall be constituted ofthe whole population capable of an effort for the nationaldefence. The preparation of the population for defence shallbe carried out according to the law.

AArrtt.. 1166.. Ñ The Romanian citizens capable of militaryservice cannot be appointed in managing positions withinthe institutions of the public authorities, if they have notdischarged their above mentioned duty for reasonsimputable to them.

AArrtt.. 1177.. Ñ The ministers, the state secretaries and under-secretaries, as well as the dignitaries having a similiar rank,the prefects, subprefects, mayors and secretaries inmunicipalities, towns and communes, the managers of theeconomic trading organizations and of the publicinstitutions, which have assignments in the event of amobilization, shall be trained by the General Staff with theview to carrying out the powers that are incumbent uponthem in the domanin of the national defence.

The mode of organization and participation in thetraining of the persons holding the positions set forthunder paragraph 1 above shall be established by aGovernment decision.

AArrtt.. 1188.. Ñ The other resources, as well as the preparation ofthe economy and of the land for the national defence shall beensured in accordance with the legal provisions.

AArrtt.. 1199.. Ñ The expenses necessary to the organization,equipment, mobilization, maintenance and training of theactive army force and of the reserve forces, and those forfinancing of the investment works of the armed forces shallbe granted from the state budget and from other fundslegally constituted.

AArrtt.. 2200.. Ñ The territorial infrastructure shall be made up ofthe aggregate of the works and development of the territorythat may be used with the object of the national defence.


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The preparation of the territory for the national defenceshall be ensured in conformity with the provisions of thelaw.

AArrtt.. 2211.. Ñ The ministries, the public administrationauthorities, the economic trading organizations, regardlessof the property form, shall be bound to obtain anadvisory opinion from the General Staff for the laying-outof the new investment objectives and the development ofthe existing ones, with the purpose of their integration intothe infrastructure of the national defence system. The list ofthe investment and development objectives, as well as thecriteria of their achievement, for which the General StaffÕsadvisory opinion is compulsory, shall be established by aGovernment decision.

AArrtt.. 2222.. Ñ In case of proclamation of a state of siege oremergency, in that of mobilization or war proclamation,t h e good s b e l ong ing t o t h e e c onomi c t r ad ingorganizations, public institutions, to other legal or naturalpersons may be commandeered, and the citizens albe towork may be summoned to carry out services, under theprovisions of the law.

In the situations provided for under paragraph 1, theeconomic trading organizations the activity of which isdirectly linked to the supplying of the necessary resourcesfor the defence may be militarized, by a decision of theSupreme Council of National Defence. Their organizationand functioning shall be established by a Governmentdecision.

AArrtt.. 2233.. Ñ The armed forces shall store, in the peace-time, in their own stocks, armament, warfare techniquesand materials that should ensure the achievement of theirtasks, the compensation of the consumptions and of theprobable damages caused by the war.

The clasified list and the levels of these reserves shall beapproved by the Supreme Council of National Defence, onthe proposal of the Ministry of National Defence, and of thecompetent authorities, as the case may be.

The periodical replacement and the transfer to theeconomy of the goods from the constituted reserves shall beregulated by a Government decision.

AArrtt.. 2244.. Ñ The preparation stage of the people, economyand territory for defence shall be verified throughexercises and mobilization trainings by the General Staff

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together with the State Central Agency for Special Matters,and with the National Administration of the NationalMaterial Reserves, on the basis of the programmeapproved by the Supreme Council of National Defence.

AArrtt.. 2255.. Ñ The institutions and the public administrationauthorities, the economic trading organizations, regardlessof the property form, have the obligation to wholly satisfythe orders necessary for the national defence, in the termsestablished by contract in the peacetime, and with priority,in the wartime.

CHAPTER IIIThe organization of the army

AArrtt.. 2266.. Ñ The army is the basic constituent of the armedforces, which shall ensure, in the peacetime as well as inthe wartime, the integration into a unitary conception ofthe activities of all the forces participating in the actions ofnational defence.

AArrtt.. 2277.. Ñ The army has in its organization: the centralbodies of the Ministry of National Defence, the classes offorces, and the military territorial bodies.

AArrtt.. 2288.. Ñ The central bodies of the Ministry of NationalDefence shall be established by law.

AArrtt.. 2299.. Ñ The classes of the forces of the army are: theland forces; the air force and antiaircraft defence; the navy.They have in their compositon general staffs, branchcommands, large units and fighting units, teachingand training units, as well as units and formations forbattle ensuring and for logistics.

AArrtt.. 3300.. Ñ The territorial military bodies have in theircomposition: territorial military commands, county,municipality and district recruit offices.

CHAPTER IVThe powers of the public authorities regarding the

national defenceAArrtt.. 3311.. Ñ The Parliament, the President of Romania,

the Government, and the Supreme Council of NationalDefence shall exercise their powers regarding the national


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defence in accordance with the provisions of theConstitution and of the countryÕs laws.

AArrtt.. 3322.. Ñ The Government of Romania shall beresponsibile for the organization of the activities andimplementation of the measures regarding the nationaldefence; in this respect it shall have the following powers:

a) to co-ordinate the activities of the ministries and ofthe other authorities of the public administration for theimplementation of the measures regarding the ensuring ofdefensive capacity of the country;

b) to ensure the allocation and utilization, in accordancewith the law, of the financial and material resourcesdestined to the organization, equipment and mobilization ofthe armed forces, to the maintenance and training of theeffectives, to the maintenance in a promptness state of thetechniques and armament, as well as to the achievementof the investment works for defence;

c) to establish the obligations that are incumbent uponthe ministries and economic trading organizationsderiving from the programme of mobilization of thenational economy for the first war year;

d) to ensure, in the peacetime the constitution of thematerial reserves necessary in the wartime both for thedefence needs and for that of the population;

e) to direct, through the prefects, the pertaining activitiesin counties and in the Municipality of Bucharest.

AArrtt.. 3333.. Ñ The Ministry of National Defence shall beresponsibile for the carrying out, in the military domain, ofthe fundamental conception of the countryÕs defence, andto this effect it shall:

a) examine the needs for the national defence andpropose to the competent authorities established by theConstitution and by other laws the measures regarding theorganization and equipment of the army, the preparation ofthe population and of the territory;

b) ensure the preparation of the commands and thetraining of the active army force and of the reserve effectives;

c) organize, in the peacetime, the preparation formobilization of the army and of population; make proposalsfor the declaration of the partial or general mobilizationand direct its development;

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d) lead and inspect, through the General Staff, in co-operation with other qualified authorities, the preparationmeasures taken by the ministries, economic tradingorganizations, and public institutions with a view torealizing the production and services for the armedforces, to eleborating the works for mobilization at thelabour place, and preparating the territory for the defence.

AArrtt.. 3344.. Ñ The ministries, the intelligence services of theState, the other authorities of the central publicadministration, shall be responsibile for the carrying outthe defence measures of the country, each in its field ofactivity according to the law; the heads of the mentionedauthorities shall yearly or whenever they are ask for submitto the Parliament, Government or to the Supreme Councilof National Defence, as the case may be, reports regardingthe exercise of the powers regarding the national defence.

At the declaration of mobilization and of the state ofwar, the competent ministries shall directly be responsiblefor the allocation of the resources regarding: the rawmaterials , industr ia l and food products , energy,transports, public works, and communications.

The needs of the forces destined to the defence shall beassured with priority.

AArrtt.. 3355.. Ñ In the peace time and in case of mobilizationor in a state of war, the local public administrationauthorities shall have, according to their competence, intheir territorial area, the following powers:

a) to ensure the carrying out by the economic tradingorganizations, public institutions and natural persons theprovisions and measures regarding the preparation of thepopulation, economy and of the territory for defence;

b) to have in view and to intervene for the satisfying thedemands required by the military units in their territorialarea for mobilization needs;

c) to carry out the necessary measures for theachievement of requisitions and summons for performanceof services, according to the law;

d) to draw up, to make topical and to put at the dispo-sal of the county recruit offices and at that of the


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Municipality of Bucharest the economicÑmilitarymonograph of the respective administrative-territorial units;

e) to ensure to county, municipality and district recruitoffices the plots of land, the buildings, andtelecommunication installations, the endowments and thefunds necessary for carrying on their activity, according tothe standards established by a Government decision;

f) to carry out any other powers regarding the nationaldefence, according to the law.

CHAPTER VSanctions

AArrtt.. 3366.. Ñ Non-observance of the provisions of thepresent law shall involve the penal, contravention,administrative or civil responsiblity, as the case may be.

AArrtt.. 3377.. Ñ There shall be considered petty offences andsanctioned with a fine from Lei 200,000 to Lei 5,000,000 thefollowing deeds, if they are not commited in suchconditions so that, according to criminal law, be consideredoffences:

a) non-observance of the provisions under Article 21regarding the obtaining of the opinion of the General Staff,or non-observance of the conditions provided in therespective opinion;

b) non-fulfillment, in the peacetime, by those mentionedunder Article 25, of the obligations regarding the stateorders necessary to the national defence;

c) hindering of the control bodies to fulfil the powersprovided by the present law.

AArrtt.. 3388.. Ñ The finding of the petty offences and theapplication of the sanctions shall be made by theauthorities established by a Government decision.

AArrtt.. 3399.. Ñ The provisions of the present chapterregarding the petty offences shall be supplemented with theprovisions of the Law No. 32/1968 regarding the findingand sanctioning of the petty offences, with the exception ofthe Articles Nos. 25, 26 and 27.

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CHAPTER VIFinal provisions

AArrtt.. 4400.. Ñ On the date of coming into force of thepresent law, any other contrary provisions shall beabrogated.

AArrtt.. 4411.. Ñ The present law shall come into force on thedate of its publication in the Monitorul Oficial (OfficialGazette of Romania).


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SS UU MM AA RR

LEGE privind siguranþa naþionalã a României ........................5CAPITOLUL I

Dispoziþii generale........................................................................................5

CAPITOLUL IIActivitatea de informaþii .............................................................................8

CAPITOLUL IIIObligaþiile ºi rãspunderile organelor de stat, organizaþiilor publice sau private...........................................................11

CAPITOLUL IVSancþiuni.......................................................................................................12

CAPITOLUL VDispoziþii finale...........................................................................................13

LEGE privind organizarea ºi funcþionarea Serviciului Român de Informaþii..................................................15

CAPITOLUL ICoordonarea, controlul ºi atribuþiile .....................................................15

CAPITOLUL IIOrganizarea ºi funcþionarea Serviciului Român de Informaþii............................................................18

Secþiunea 1Consiliul director ........................................................................................18

Secþiunea a 2-aBiroul executiv al Consiliului director ..................................................20

Secþiunea a 3-aDirectorul Serviciului Român de Informaþii .......................................20

Secþiunea a 4-aStructura Serviciului Român de Informaþii .........................................21

CAPITOLUL IIIPersonalul Serviciului Român de Informaþii.......................................21

CAPITOLUL IVAsigurarea materialã..................................................................................24

CAPITOLUL VDispoziþii finale...........................................................................................25

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