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LAW no. 192 of 25 October 2019 establishes the duties of police officers more clearly

29 January 2020

On 26 January 2020 entered into force the Law no. 192 of 25 October 2019 regarding the amending and supplementing of some normative acts in the field of public order and safety.

Thus, according to the new regulations in the field of public order and safety, police officers are given greater powers to exercise their duties, but at the same time, these powers are established more clearly, in order to avoid confusion about the rights and the obligations of police officers.

One of the most important changes to the legislation in this field is the right of the police officer to enter a dwelling or a confined space, without the consent of the person who owns or uses that dwelling or confined space. However, this right of the police officer is expressly limited by the new law, which clearly and unequivocally establishes the situations in which the police officer is entitled to enter a home without the consent of the person who owns or uses that home. This law provides that this right is only recognized in situations where immediate intervention is required for:

  • To save the life or the body integrity of a person
  • To prevent the spread of an epidemic
  • To catch the perpetrator of a flagrant crime
  • To catch the author of acts of terrorism

Another modification to the legislation in this field refers to the obligation of the policeman to make known, in advance, the quality in which he acts, the new law clearly regulating how this obligation is fulfilled. Thus, “if the policeman is in uniform” he presents himself with the name, surname and the police unit of which he is part of. However, if the policeman “is in civilian clothing”, in addition to the identification data presented above, he must also presents the service card or badge.

Last but not least, the normative act provides for higher fines for those who disturb the public tranquility on less than 24 hours after they have been sanctioned contraventionally for this act. Thus, the repetition of those offenses is sanctioned with a fine between 500 and 6,000 lei or the rendering of a number of hours of activities for the benefit of the community, a number that can reach up to 150 hours of work for the benefit of the community.