Contents:
ISSUES YOU HAVE RAISED THROUGH THE "BE INFORMED, NOT ABUSED!" QUESTIONNAIRE
What we covered in the first two parts of the material on this topic
I.The legislation we rely on
II.What is forbidden, in all circumstances, to the police officer?
III. Legal liability and sanctions for police officers who behave inappropriately and/or abusively
IV. Can a police officer use force?
V. How do we submit petitions to the structures of the Ministry of the Internal Affairs (concerning police officers)?
The role of the police officer is to protect citizens and enforce the law. Most of the time this is the case, but according to a lot of information in the public space, but also to the answers received from you through the questionnaire "Be informed, not abused!", we meet exceptions that are not good for the Romanian Police and even less for the citizens, because they lose trust in those who should protect them.
ISSUES YOU HAVE RAISED THROUGH THE "BE INFORMED, NOT ABUSED!" QUESTIONNAIRE
You have complained about injustice/abuse in your relationship with the police. Two situations have come to our attention, after analysing the questionnaires you filled in anonymously:
- Police officers discouraged you from asking them for further help by filing a complaint or subtly suggested that you withdraw a complaint on the grounds that they could not solve the problem;
- unprofessional and/or abusive behaviour by some police officers.
It is important to know that most police officers are not like that! But in these episodes of the Practical Guide we find out what we have to do, legally, in situations like the ones you have reported and what tools we use.
What do we do in cases - exceptions, when we are wronged by police officers, when they do not carry out their role in good faith or are abusive? What about when a police officer ignores a report and discourages us from making a complaint/report?
What we covered in the first two parts of the material on this topic
Last week, on Wednesday, we talked about the tools we were using for the first situation you raised, through the questionnaire "Be informed, not abused!" and we touched on the topic of "The policeman discourages me from making a complaint. What should I do to protect my interests?".
Yesterday, we continued with the second common problem raised by you through the questionnaire and addressed the themes:
- What is abusive behaviour by a police officer?
- What are the sanctions for unprofessional and/or abusive behaviour by a police officer?
- Where do we report cases of corruption[1] or bribery of police officers?
- Duties of the police officer
Today we conclude this chapter with assignments:
- What is forbidden, in all circumstances, to the police officer?
- Legal liability and sanctions for police officers who behave inappropriately and/or abusively
- Can a police officer use force?
- How do we submit petitions to the structures of the Ministry of the Interior (concerning police officers)?
I. THE LEGISLATION ON WHICH WE RELY
The legislation that tells us what a police officer is and is not allowed to do is set out below:
- LAW no. 218 of 23 April 2002 (*republished*) on the organization and functioning of the Romanian Police: Chapter: V Rights and Obligations (art. 31-58) http://legislatie.just.ro/Public/DetaliiDocument/35841
- LAW no. 360 of 6 June 2002 on the status of police officers: http://legislatie.just.ro/Public/DetaliiDocument/36819
- G. no. 27/2002, available at
- About the role of each police structure, you can find out by accessing the guide: Information guide for citizens in relation to the structures of the Ministry of Internal Affairs: http://www.mai-dga.ro/wp-content/uploads/prevenire/ghid_informare.pdf
II. WHAT IS FORBIDDEN, IN ALL CIRCUMSTANCES, TO THE POLICE OFFICER?
According to Law No 360/2002 on the status of police officers ,[2],,Article 43, a police officer is prohibited from doing any of the following in any circumstances:
a) to receive, solicit, accept, directly or indirectly, or have promised to him, for himself or for others, in consideration of his official capacity, gifts or other advantages;
(…)
- c) to use force, other than in accordance with the law (we have new rules on the use of force, which will soon enter into force - details, art 41-47 of LAW no. 218 of 2002 on the organization and functioning of the Romanian Police[3]);
- d) to cause physical or mental suffering to a person in order to obtain from that person or a third person information or confessions, to punish him/her for an act that he/she or a third person has committed or is suspected of having committed, to intimidate him/her or to put pressure on him/her or a third person;
- e) collect money from natural or legal persons;
- f) drafting, printing or disseminating material or publications of a political or immoral nature or inciting to indiscipline;
- g) to have, directly or through intermediaries, in a unit under the control of the police unit of which he or she is a member, interests such as to compromise its impartiality and independence."
III. Legal liability and sanctions for police officers who behave inappropriately and/or abusively
According to Law No 360/2002 on the status of police officers ,[4], the actions of police officers who behave unprofessionally or even abusively attract sanctions and legal liability:
"Article 57
The following acts committed by a police officer with intent shall constitute disciplinary offences, unless they were committed in such a way that, according to the criminal law, they are considered as offences:
misconduct, in the service, family or in society, which is prejudicial to the honour, professional probity of the police officer or the prestige of the institution;
- b) negligence in the performance of official duties or in the performance of instructions given to them by their superiors or by authorities empowered by law;
- c) repeated or unjustified delay in the completion of work;
- d) exceeding the duties of his office or lack of solicitude in relations with citizens;
- g) violation of the rules on confidentiality of the work carried out;
- j) intervening in order to influence the settlement of requests concerning the satisfaction of the interests of any person."
Also according to the Police Officer's Statute, we should know that the disciplinary procedure applied to the police officer is not a public one.
"Article 58^3(1) Disciplinary proceedings are not public."
"Article 59^2 The preliminary investigation report shall contain, as a mandatory requirement: a) the number of the administrative act by which he/she has been designated with the conduct of the preliminary investigation; b) the description of the reported fact and the persons involved; c) the procedures and methods of verification; d) the conclusions on the existence or non-existence of the reported aspects and the guilt of the investigated police officer; e) the legal provisions violated by the officer and the legal classification of the facts established, indicating the evidence and proof on which they are based "
IV. Can a police officer use force?
According to Article 56 of the Police Statute, the answer is yes, a police officer may use force:
"Article 56
A police officer who, by exercising, within the limits of the law, the duties of his office, has caused suffering or injury to persons or has caused damage to their property shall be absolved of all liability."
However, these situations in which the police officer is entitled to use force are clearly set out in Articles 41-47 of Law 218 of 2002 on the organisation and functioning of the Romanian Police[5];[5];
V. How do we submit petitions to the structures of the Ministry of the Internal Affairs (concerning police officers)?
The Public Relations Department of the Ministry of Internal Affairs has the following tasks:
- receives, examines and assigns to the competent structures, for processing, petitions received by mail or submitted directly to the Public Relations Office;
- receives and advises citizens who submit petitions or request hearings with the Romanian Police;
According to GOVERNMENT ORDINANCE no. 27/2002[6] on the regulation of the petitions settlement activity, by petition is meant:
”Art. 2(...) by petition is meant the request, complaint, referral or proposal formulated in writing or by electronic mail, which a citizen or a legally constituted organization may address to central and local public authorities and institutions, decentralized public services of ministries and other central bodies, national companies and corporations, companies of county or local interest, as well as autonomous companies, hereinafter referred to as public authorities and institutions."
”"Anonymous petitions or those in which the identification data of the petitioner are not included are not taken into account and are classified, according to the present ordinance (art 7 of Government Ordinance no. 27/2002)".
What is the obligation of those to whom I sent the petition?
"The authorities and public institutions to which a petition is referred are obliged to communicate to the petitioner, within 30 days from the date of registration of the petition, their response, whether favourable or unfavourable. In the case of petitions forwarded, in accordance with Article 6^1, from other public authorities or institutions, the 30-day period shall start from the date of registration of the petition with the competent public authority or institution".[7].
"If the issues raised in the petition require further investigation, the head of the public authority or institution may extend the time limit provided for in Article 8 by a maximum of 15 days", (Art. 9 of Government Ordinance no. 27/2002).
Article 10 of the same Government Ordinance tells us what happens if we have several petitions/submissions on the same subject: "If a petitioner addresses several petitions to the same authority or public institution, raising the same issue, they will be linked, the petitioner will receive a single reply which must refer to all the petitions received. If, after the reply has been sent, a new petition is received from the same petitioner or from an authority or public institution which is wrongly petitioned, with the same content, it shall be filed, with a reference to the fact that a reply has been given to the original number.
During the pandemic period, citizens' petitions will be received by post, by e-mail or by filling in online forms posted on each unit's website.
Contact details
6 Mihai Voda Street, 5th district, Bucharest
Tel.021/208.25.25. int.26114
E-mail: [email protected]
Note: Next week, on Wednesday, in the Practical Guide, we will address another issue often raised by you, through the questionnaire "Be informed, not abused!", namely the unprofessional and/or abusive ANAF official.
[1] The information is here: https://www.politiaromana.ro/ro/semnalari-cazuri-de-coruptie
[2] LAW No 360 of 6 June 2002 on the status of police officers, available here: http://legislatie.just.ro/Public/DetaliiDocument/36819
[3] Art 41-47 of Law no. 218 of 2002 on the organisation and functioning of the Romanian Police are available here:
[4] LAW No 360 of 6 June 2002 on the status of police officers, available here: http://legislatie.just.ro/Public/DetaliiDocument/36819
[5] Art 41-47 of Law no. 218 of 2002 on the organisation and functioning of the Romanian Police are available here:
[6] ORDINANCE no. 27 of 30 January 2002 on the regulation of the petitions settlement activity is available here: http://legislatie.just.ro/Public/DetaliiDocument/33817
[7] art 8 of Government Ordinance no. 27/2002, available at http://legislatie.just.ro/Public/DetaliiDocument/33817