Published in the Official Gazette, Part I no. 670 of July 26, 2004 The Romanian Parliament adopts the present law.
Art. I. -Law no. 329/2003 regarding the exercise of the private detective profession, published in the Official Gazette of Romania, Part I, no. 530 of July 23, 2003, is amended and supplemented as follows:
1. In Article 2, the following paragraph is inserted after paragraph 3 with the following content: “(4) Associates or natural shareholders of specialized private detective companies, established according to par. (1), must cumulatively meet the conditions provided by art. 5 lit. d) and e). ”
2. In article 3, paragraph (2) shall have the following content: “(2) The data and information provided in par. (1) may be communicated, upon request, in accordance with the law, only to the courts and the Public Ministry, if they are useful for finding out the truth in criminal cases. ”
3. In Article 5, points (a), (d) and (g) shall read as follows: "
a) Has the Romanian citizenship or the citizenship of one of the member states of the European Union or of the European Economic Area;
………………………………………………………………………………..
d) not to have been convicted of intentional offenses;
g) passed the exam for attesting the quality of private detective, according to the provisions of art. 7, or holds a certificate of qualification in this profession or a similar certificate issued in one of the Member States of the European Union and of the European Economic Area. "
4. In Article 7, the following paragraphs are inserted after paragraph 4: (5) Citizens of the Member States of the European Union and of the European Economic Area who have the capacity of private detective may carry out their activities. specific to this profession on the territory of Romania, under the conditions of the present law, exclusively on the basis of a delegation issued by the company it represents, in order to solve the case that makes necessary their presence in Romania. The citizens of the member states of the European Union and of the European Economic Area prove the quality of private detective with the document that validly attests this quality in the state of origin or provenance. (6) The detectives provided in par. (5) have the obligation to notify the competent territorial police body before carrying out any specific activities and upon their cessation. ”
5. Article 9 shall read as follows: "
Article 9. - (1) After passing the attestation exam, the private detective uses, for the purpose of proving this quality, the private detective card. (2) The private detective card is nominal and is not transferable. The manner of issuance, the form and the content of the card shall be established by order of the Minister of Administration and Interior, which shall be published in the Official Gazette of Romania, Part I. ”
6. In Article 15, letter c) shall have the following content: "c) to communicate the data and information requested by the prosecutor or the court, for solving criminal cases;"
7. In Article 15, paragraph 2 is inserted with the following content: “(2) Specialized companies and individual private detective offices shall draw up regulations for their organization and operation, which shall be approved by written order of the company's chief executive or chief of staff. individually, as appropriate. ”
8. Article 18 will have the following content: “Art. 18. - The following facts constitute contraventions: a) conducting investigations in other cases than those provided in art. 1 para. (1) or in violation of the provisions of art. 12 lit. b) -d) and of art. 13; b) violation of the provisions of art. 3 para. (1) and (3) and of art. 7 para. (6); c) violation of the provisions of art. 2 para. (2) and (3), art. 3 para. (2) and of art. 15 lit. a) -e). ”
9. Article 23 shall have the following content: “Art. 23. - (1) The violation of the obligations provided in art. 15 para. (1) lit. a) -e) also entails the suspension of the private detective certificate or, as the case may be, of the operating license of the specialized company or of the individual private detective office, for a period between one month and 3 months. (2) The private detective certificate or , as the case may be, the operating license of the specialized company or of the individual cabinet of private detectives shall be canceled if, within one year from the date on which the term of suspension of the certificate or license has expired, one of the the facts which give rise to the measure of suspension. "
10. Article 24 will have the following content: “Art. 24. - (1) The measures provided in art. 23 regarding the suspension or cancellation of the private detective certificate shall be ordered by the county police inspectorate that issued it or, as the case may be, by the General Police Directorate of Bucharest. of the individual cabinet of private detectives is ordered, under the conditions of the present law, by the General Inspectorate of the Romanian Police. ”
11. After Article 27, Article 271 is inserted, with the following content: “Art. 271. - (1) The provisions of the present law shall be completed with the legal provisions regarding the recognition of diplomas and professional qualifications for the regulated professions in Romania (2) The documents necessary for acquiring the quality of private detective, other than those provided in par. (1), issued to citizens of the Member States of the European Union or belonging to the European Economic Area, by the authorities of the State of origin or provenance, are recognized under the law. "
Art. II. -Legea nr. 329/2003 privind exercitarea profesiei de detectiv particular, cu modificãrile si completãrile aduse prin prezenta lege, va fi republicatã, dându-se textelor o nouã numerotare.Aceastã lege a fost adoptatãde Parlamentul României, cu respectarea prevederilor art. 75 si ale art. 76 alin. (1) din Constitutia României, republicatã.
