Legislation

Law no. 329/2003 + 353/2004
Decision no. 1666/2004
Order no. 492/2005
Specific legislation, in PDF format


Law no. 329 from 08.07.2003 as amended and supplemented from Law no. 353 from 15.07.2004 – regarding the profession of private investigator

CHAPTER I
General

Art. 1. – (1) The private investigator is a person certified under this Act and, without prejudice to the right to privacy, family and private or other rights and fundamental freedoms at the request of individuals or legal entities, specific activities investigation relating to:
a) conduct and public morality of a person;
b) data on the solvency and credibility of a natural or legal person potential partner in a business;
c) persons missing from home;
d) goods subject to civil or criminal litigation disposed to damage the interests of parties to the proceedings;
e) protection against leakage of information from private life or business operators who wish to keep their privacy.
(2) The activity private investigator can not be contrary to domestic law or the regulations to which Romania is part of national security, public order or morality.
(3) Information obtained by the PI activities are intended solely for its customer, under this law.

Art. 2. – (1) The private investigator may exercise the profession, as appropriate, in the individual offices specialized companies or private detectives, established under commercial law and operates under license issued by the General Inspectorate of the Romanian Police.
(2) The activity of specialized companies and individual offices of private detectives is unique.
(3) The executive heads of specialized companies private detective must be graduates of a law school or post high school detective or have served as an officer or employee in the public institutions responsible for the public order or national security rank of officer and fulfil the requirements of art. 5 letter. c), d), e) and f).
(4) Associations or individual shareholders of companies specializing private detective, established under par. (1) must meet the conditions laid down in art. 5 letter. d) and e).

Art. 3. – (1) The private detective is bound to observe professional secrecy regarding the data and information obtained.
(2) The data and information provided in par. (1) may be disclosed on request, under the law, courts and public prosecution only if they are useful for finding the truth in criminal cases.
(3) activity, PI obey the law, statute specialist firm or individual private detective office.

CHAPTER II
Becoming a Private Investigator

Art. 4. – private activity can be carried out only by persons who are certified professional.

Art. 5. – can acquire the status of private person who meets the following conditions:
a) has Romanian citizenship or nationality of a Member State of the European Union or the European Economic Area;
b) have at least secondary and post-secondary schools graduated a detective or police officer or served as minister in public institutions with responsibilities in the field of defence, public order or national security, or is a graduate of an institution of higher education;
c) is capable of medically;
d) not have been convicted of offences committed intentionally;
e) does not carry on an activity involving the exercise of public authority;
f) obtained the opinion of the County Police Inspectorate or the General Directorate of Bucharest Police, as appropriate;
g) has passed the certification of quality private detective, according to Art. 7, or holds a certificate of qualification in the profession or a similar certificate issued in one of the Member States of the European Union and European Economic Area.

Art. 6. – For exam for the certification of quality private, must be submitted to the county police inspectorates or, where applicable, the General Directorate of Bucharest Police following documents:
a) the application;
b) curriculum vitae;
c) civil status, copy;
d) the study certificate copy;
e) the completion of a specialized course in copy;
f) medical and psychological testing certificate issued by a specialized medical unit, ie an approved laboratory;
g) Certificate of criminal record;
h) statement showing that it meets the condition laid down in art. 5 letter. e);
i) proof of payment of the fee for the examination for certification of knowledge, established in accordance with law.

Art. 7. – (1) The PI is acquired after checking the conditions provided by law and the examination of candidates by a panel established at the district police station, namely the General Directorate of Bucharest Police.
(2) The Commission in para. (1) meets quarterly and knowledge verification is made according to the topic approved by the General Inspectorate of the Romanian Police.
(3) After passing the exam, the private investigator is issued a certificate, which I can assign or hire a licensed company or individual may establish cabinet to conduct investigative activities.
(4) Any person may submit a complaint exam rejected the General Inspectorate of Romanian Police within 3 days, it has the obligation to settle within 30 days of the filing date.
(5) Citizens of Member States of the European Union and European Economic Area who act as private investigator can conduct specific activities of the profession in Romania, under this law, solely on the basis of delegation issued by the company he represents, in to settle the case which requires their presence in Romania. Citizens of European Union Member States and European Economic Area prove their private act attesting to the quality available in the State of origin or provenance.
(6) The detectives under par. (5) have the obligation before conducting any specific activities at their termination to notify the police authority jurisdiction.

Art. 8. – (1) The PI shall cease:
a) the written waiver, which shall be filed with the County Police Inspectorate or, where applicable, the General Directorate of Bucharest Police;
b) the cancellation of the certificate under Art. 23 para. (2);
c) when the person no longer meets the requirements of art. 5 letter. a) and c) to e).
(2) The private detective is suspended:
a) when the person is placed against criminal action for an offense committed intentionally in connection with detective work, in which case the suspension lasts until the final resolution of the case;
b) the time that the private investigator is in one of the situations referred to in art. 10;
c) as provided in art. 20 and art. 23 para. (1).

Art. 9. – (1) After passing the certification PI use in order to prove that status, private ticket.
(2) private ticket is nominal and is not transferable. Release mode, form and content of the ticket are determined by the Minister of Interior, to be published in the Official Gazette of Romania, Part 1.

Art. 10. – Practice of the profession of private detective is incompatible with:
a) remunerated activity in other professions that involve the exercise of public authority;
b) activities affecting the profession’s independence or contrary to morality;
c) direct practice of trade, except according to the object of activity and fulfilment of specific tasks.

CHAPTER III
Rights and obligations of private detective, specialized companies and individual offices it operates

Art. 11. – (1) PI profession has the right to conduct investigations in relation to persons, property, facts, dates and circumstances covered by this activity, with strict observance of the rights and freedoms of citizens and legal provisions .
(2) the investigation private detective may require individuals or public authorities information that, by law, are classified and shall not affect the right to privacy, family and private or other fundamental rights and freedoms of the data subject.

Art. 12. – Private investigator shall:
a) to demonstrate professional integrity and conscientiousness, the purpose of its business is in truth the cause for which he was employed;
b) use methods and means of investigation that do not affect the rules of law or the rights and freedoms;
c) keep, even after termination of private, professional secrecy with regard to the acts, facts, dates and circumstances which took note of the work of, except as provided by law;
d) not to use the status of private than for work.

Art. 13. – Private investigator in the activity, is prohibited from conducting investigations on:
a) activity diplomatic and consular personnel and international organizations of similar status;
b) business people, held permanently or temporarily, any title, in the interest of public authorities, institutions or other legal entities of public interest or in the public services;
c) confidential data on political, religious, philosophical or trade union and express beliefs, sexual orientation, health, social or ethnic origin of a person;
d) criminal cases pending in the judiciary;
e) the specific activities carried out by institutions involved in defence, public order and national security.

Art. 14. – Specialized companies and individual offices of private detectives have the following rights:
a) to acquire and use technical means of investigation and communications permitted by law;
b) to organize courses and other training activities and specific physical training the personnel;
c) to join professional associations to represent their interests in relations with other associations and institutions of the state;
d) to formally request data from public authorities persons, property or situations required private detective in the investigation process, which, by law, are not classified and does not affect the right to private and family privacy or other rights and fundamental freedoms the person concerned.

Art. 15. – (1) The organization and functioning of private detectives in specialized companies and individual offices shall:
a) to conduct investigations only under a written agreement entered into with the client;
b) establish a register numbered and file it with the county police inspectorate or, where applicable, the General Directorate of Bucharest Police, which will keep track of the cases investigated;
c) communicate data and information requested by the prosecutor or the court, for settlement of criminal cases;
d) where it finds that the information obtained concerns national security, immediately notify the responsible authorities in the field;
e) employ and use specific investigative activities only persons who have the status of private;
f) in relation to possibilities and based on conventions, in practice students receive private detective schools.
(2) specialized companies and individual offices of private detectives prepare their organization and functioning regulation, approved by order in writing to the head of the chief executive office of the company or individual, as appropriate.

CHAPTER IV
Penalties

Art. 16. – Failure to comply with this law entails, as appropriate, civil, material, disciplinary, administrative or criminal.

Art. 17. – Violation of Art. 2 para. (1), art. 4 and declaring false information by the act referred to in art. 6 letter. h) are offences and punished according to the Criminal Code.

Art. 18. – The following deeds:
a) conducting investigations in cases other than those referred to in art. 1 para. (1) or in violation of art. 12 letter. b)-d) and art. 13;
b) violation of Art. Article 3. (1) and (3) and Art. 7 paragraph. (6);
c) violation of Art. 2 para. (2) and (3), art. Article 3. (2) and Art. 15 letters. a)-e).

Art. 19. – (1) The offences referred to in art. 18 shall be sanctioned as follows:
a) works under letter. a) and c), with a fine from 500 lei to 1,000 lei;
b) the act in letter. b) with a fine from 200 lei to 500 lei.
(2) If the offences referred to in art. 18 letters. c) imposing a fine may be applied to the legal entity, where its limits are from £ 1,000 to £ 2,500.

Art. 20. – (1) The repetition of committing offences referred to in art. 18 letters. a) and c) within one year draws to suspend the certificate for a period of 3-6 months.
(2) Suspension and revocation of suspension of the certificate is available in all cases, the General Inspectorate of Romanian Police, county police inspectorates proposal or the General Directorate of Bucharest Police, and communicated to the person concerned.

Art. 21. – The contraventions and penalties are made ​​by specially appointed officers of the General Inspectorate of Romanian Police.

Art. 22. – Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments by Law no. 180/2002, with subsequent amendments and additions to them, except art. 28 and 29, applies to offences under this law.

Art. 23. – (1) Violation of obligations provided for in art. 15 para. (1). a) – e) attract private detective suspended certificate or, where appropriate, the operating license of the specialist firm or individual private detective cabinet for a period of between one and three months.
(2) The certificate of private or, where appropriate, the operating license of the specialist firm or individual private detective cabinet cancelled if, within one year from the date on which the period of suspension of the certificate or license is again committed one of the acts that attract suspension measure.

Art. 24. – (1) The measures provided for in art. 23 on the suspension or cancellation of certificate of PI are ordered by the county police inspectorate issued or, where appropriate, by the General Directorate of Bucharest Police.
(2) Suspension or cancellation of the operating license of the specialist firm or individual cabinet detective is ordered under this law, the General Inspectorate of the Romanian Police.

CHAPTER V
Final provisions

Art. 25. – Control specific activity carried out by specialized companies and individual practices are carried out by police detective specially appointed by the General Inspectorate of Romanian Police, with the Ministry of Public.

Art. 26. – General Inspectorate of Romanian Police detectives keep track of all certified, specialized companies and individual offices of private detectives.

Art. 27. – Nomenclature of complement activity in the national economy with private activity.

Art. 27.1. – (1) The provisions of this law shall be filled with the legal provisions concerning the recognition of diplomas and professional qualifications for regulated professions in Romania.
(2) Documents required for acquisition of private, other than those referred to in para. (1) issued to nationals of Member States of the European Union or the European Economic Area, by state of origin or provenance, are recognized in the law.




Decision no. 1666 from 07.10.2004 on approval of the application of Law no. 329 from 08.07.2003 regarding the profession of private investigator

1. LAW
“Art. 1. – (1) The private investigator is a person certified under this Act and, without prejudice to the right to privacy, family and private or other rights and fundamental freedoms at the request of individuals or legal entities performing specific investigation on :
a) conduct and public morality of a person;
b) data on the solvency and credibility of a natural or legal person potential partner in a business;
c) persons missing from home;
d) goods subject to civil or criminal litigation disposed to damage the interests of parties to the proceedings;
e) protection against leakage of information from private life or business operators who wish to keep their privacy.
(2) The activity private investigator can not be contrary to domestic law or the regulations to which Romania is part of national security, public order or morality.
(3) Information obtained by the PI activities are intended solely for its customer, under this law. ”

1. RULES
1.1. Specific activities of investigation, the purpose of these rules means activities detailed studies and research carried out in the case investigated by the PI using the means, suitable work methods and procedures in order to achieve pregnancy investigation including by appropriate specific measures to ensure the protection cover investigation.
1.2. Private detective refuses case where client requests activities violate legal norms or morals, and will communicate this to the police, and if it finds that the information requested by client concerns national security, will immediately notify the responsible authorities in the field.

2. LAW
“Art. 2. – (1) The private investigator may exercise his profession as appropriate in individual offices specialized companies or private detectives established under commercial law and operates under license issued by the General Inspectorate of the Romanian Police.
(2) The activity of specialized companies and individual offices of private detectives is unique.
(3) The executive heads of specialized companies private detective must be graduates of a law school or post high school detective or have served as an officer or employee in the public institutions responsible for the public order or national security rank of officer and fulfil the requirements of art. 5 letter. c), d), e) and f).
(4) Associations or individual shareholders of companies specializing private detective, established under par. (1) must meet the conditions laid down in art. 5 letter. d) and e). ”

2. RULES
2.1. To obtain operating license, associates / shareholders of specialist must meet the requirements specified in Art. 5 letter. d) and e) of the Law. 329/2003 on the profession of private detective, with subsequent amendments and additions to them, ‘the law.
2.2. To obtain operating license managers specialized companies have offices or private individual filed with the County Police Inspectorate and the General Directorate of Bucharest Police, where applicable, the following documents:
a) request to the General Inspectorate of Romanian Police – Criminal Investigation Division, requesting issuance of the operating license, registered and dated, showing the name, address of the registered office / administrative and working points, name and quality executive managers , phone and fax number;
b) copy of the property or service for the head office / administrative and workstations;
c) the executive leaders of the company – certified copy of the diploma for law graduates or have a post high school private detective or a certificate to the effect that they served as an officer or employee under public institutions responsible in public order or national security officer grade;
d) notice, copy, county police inspectorate issued or, where applicable, the General Directorate of Bucharest Police in the area where the company operates private detective or private individual;
e) authenticated written statement showing that performing an activity involving the exercise of public authority for executive leaders;
f) certified copy of the articles of association of the company, to be named NACE code, or company contract and articles of association, as applicable, or the status of individual private office;
g) copies of the identity documents of executive leaders;
h) copy of company registration with the Trade Register;
i) medical certificates in original for executive leaders;
j) means the list of technical materials, transportation, communications, audio-video appliances identification, surveillance centres and computers that will use them;
k) Copy of certificate of private – only for individual offices;
l) the organization and operation;
m) criminal record certificate.
2.3. Medical Scales for acquisition of private detective is determined by the Minister of Interior, with the Ministry of Health.
2.4. Rules of organization and operation will be as follows:
a) general provisions;
b) the organizational structure of the company;
b) conditions of service (in compliance with labour laws and the provisions of Law no. 329/2003);
d) training of staff and control the activity;
e) cabinet company or individual staff duties;
f) Providing personnel;
g) the flow of information resulting from the investigation process and the personnel access company / individual cabinet to them;
h) final provisions, which shall include mandatory provisions regarding the obligation not to engage in actions force personnel in enforcement, recovery of debts, or street conflicts between groups of people, the mandatory termination of employment if the employee withdrawal permit or certificate to practice the profession of private detective and must communicate within 10 days, the county police inspectorate or the General Directorate of Bucharest Police, as appropriate, regarding the alterations in organizational structure address or registered office of the sites.
2.5. County Police Inspectorate and the General Directorate of Bucharest Police will submit, within five days of receipt, the documents referred to in section 2.2 General Inspectorate of Romanian Police – Criminal Investigation Division, with reasoned proposals on the issue of operating license .
2.6. Termination or interruption for which the operating license of the company, specifying the time interval will be communicated within 10 days county police inspectorates or the General Directorate of Bucharest Police as appropriate.
2.7. All documents referred to in section 2.2 shall be submitted in two copies in copy except police clearance certificate referred to in section 2.2 lit. m) and medical certificates referred to in section 2.2 lit. i), which will be submitted in original and accompanied by a certified copy.
2.8. Operating license is issued by the General Inspectorate of Romanian Police only after verifying that all the conditions laid down by law.
2.9. Form and content of the operating license are set out in Annex no. 1 to these rules.
2.10. To achieve single business object, specialized companies and individual offices can perform:
c) expert advice;
d) investigation activities for the realization of art. 1 para. (1) of the Act, using the means, procedures and working methods, and any other activities permitted by law and under the law, in order to solve the case.

3. LAW
“Art. 5. – May acquire the status of private person who meets the following conditions:
a) has Romanian citizenship or nationality of a Member State of the European Union or the European Economic Area;
b) have at least secondary and post-secondary schools graduated a detective or police officer or served as minister in public institutions with responsibilities in the field of defence, public order or national security, or is a graduate of an institution of higher education;
a) is capable of medically;
c) not have been convicted of offences committed intentionally;
e) does not carry on an activity involving the exercise of public authority;
f) obtained the opinion of the County Police Inspectorate or the General Directorate of Bucharest Police, as appropriate;
g) has passed the certification of quality private detective, according to Art. 7, or holds a certificate of qualification in the profession or a similar certificate issued in one of the Member States of the European Union and European Economic Area. ”

3. RULES
3.1. Citizens of Member States of the European Union or the European Economic Area status of private gain in Romania:
a) the recognition by the General Inspectorate of Romanian Police certificate of qualification in the profession or similar certificate issued in one of the Member States of the European Union or the European Economic Area, according to Law. 200/2004 on the recognition of diplomas and professional qualifications for regulated professions in Romania, or
b) passing the certification of quality private detective, according to art. 7 of law.
3.2. Citizens of Member States of the European Union or the European Economic Area can prove the conditions laid down in art. 5 letter. c) and d) of the Act in documents equivalent to those provided in art. 6 letter. f) and g) of the Act, issued by the competent authorities of one of these states.
3.3. Documents certifying professional training or professional experience required under art. 2 para. (3) and Art. 5 letter. b) of the Act, issued in a Member State of the European Union or the European Economic Area are recognized in professional the General Inspectorate of Romanian Police, according to Law. 200/2004.
3.4. Documents certifying the secondary and university issued abroad, provided in art. 2 para. (3) and Art. 5 letter. b) of the Act, shall be recognized by the Ministry of Education and Research.
3.5. The provisions of subparagraph 3.1. a), 3.3 and 3.4 apply and Romanian citizens.
3.6. Recognition procedure referred to in point 3.1. a) and 3.3 shall be determined by the Minister of Administration and Interior.

4. LAW
“Art. 7. – (1) The PI is acquired after checking the conditions provided by law and the examination of candidates by a panel established at the district police station, namely the General Directorate of Bucharest Police.
(2) The Commission in para. (1) meets quarterly and knowledge verification is made according to the topic approved by the General Inspectorate of the Romanian Police.
(3) After passing the exam, the private investigator is issued a certificate, which I can assign or hire a licensed company or individual may establish cabinet to conduct investigative activities.
(4) Any person may submit a complaint exam rejected the General Inspectorate of Romanian Police within 3 days, it has the obligation to settle within 30 days of the filing date.
(5) Citizens of Member States of the European Union and European Economic Area who act as private investigator can conduct specific activities of the profession in Romania, under this law, solely on the basis of delegation issued by the company he represents, in to settle the case which requires their presence in Romania. Citizens of European Union Member States and European Economic Area prove their private act attesting to the quality available in the State of origin or provenance.
(6) The detectives under par. (5) have the obligation before conducting any specific activities at their termination to notify the police authority jurisdiction. ”

4. RULES
4.1. The examination referred to in art. 7 paragraph. (1) of the Act is available by writing to the Director General of the General Directorate of Bucharest Police, Chief Inspector respective county police inspectorate, and consists of police officers in the field. The Commission consists of a Chairman, two Members and a Secretary.
4.2. The works may attend the examination namely representatives of professional associations detective appointed an advisory to individual certification decision.
4.3. Theme examination for certification shall be determined by the General Inspectorate of Romanian Police, the Criminal Investigation Department’s proposal, and informs the public through the mass media or by posting on the premises of the police units which shall be created examination for certification, at least 30 days before the date of the examination candidates.
4.4. Exam to obtain the certificate of PI consists of a written test, elimination, and of an interview. Depending on the results, candidates are deemed “accepted” or “rejected”.
4.5. The list of state certification exams results are posted at the police unit that organizes examination in publicly accessible locations.
4.6. Within 24 hours of the posting of the results, candidates rejected exam to obtain the certificate may submit a complaint to the police district tax office or the General Directorate of Bucharest Police as appropriate.
4.7. Appeals are handled by a special committee appointed by order of the head of the police unit that organized the exam to obtain the certificate of private and comprises: a president, two members, police officers skilled in the art and a secretary. Chairman of the Board of Appeals will be met by one of the inspectors deputy county police inspectorate, respectively Deputy Director of the General Directorate of Bucharest Police and secretary will be met by the head of human resources structure of the unit police.
4.8. Form and content of private certificate are provided in Appendix. 2 to these rules.
4.9. On arrival in Romania, before the onset of any private activities as the basis of art. 7 paragraph. (6), citizens of Member States of the European Union and European Economic Area are required to notify in writing, using the form shown in Annex. 3 to these rules, the jurisdiction of which police unit is to initiate the investigation.

5. LAW
“Art. 8. – (1) The PI shall cease:
a) the written waiver, which shall be filed with the County Police Inspectorate or, where applicable, the General Directorate of Bucharest Police;
b) the cancellation of the certificate under Art. 23 para. (2);
c) when the person no longer meets the requirements of art. 5 letter. a) and c) – e). ”

5. RULES
5.1. Within 3 days from the date of discovery of committing one of the acts referred to in art. 23 para. (2) of the Act, the certificate may be cancelled private detective police unit issuing the provision signed by its leader.
5.2. Within 5 days from the date of cancellation of the certificate, the police authorities who ordered so far will communicate about this company operating private detective, and the person against whom the measure was ordered.
5.3. Within 3 days of receipt of the communication, the person to whom the certificate was cancelled ticket is required to submit to the premises of private police ordered the cancellation.
5.4. Within 3 days from the date of the one of the cases provided for by art. Article 8. (1). c) of the Act, a person who is a private investigator must communicate this in writing to the police unit that issued the certificate.
5.5. During termination or suspension of the quality of private, the person is obliged to hand over the ticket issuing private police unit.
5.6. Where the certificate is cancelled as a result of the offense referred to in art. 18 para. (1). c) in relation to art. 15 letters. a) – c) of the Act, the extent of cancellation will be notified and bodies with responsibilities in national security, according to legal competence, together with data and information.

6. LAW
“Art. 11. – (1) PI profession has the right to conduct investigations in relation to persons, property, facts, dates and circumstances covered by this activity, with strict observance of the rights and freedoms of citizens and legal provisions.
(2) the investigation private detective may require individuals or public authorities information that, by law, are classified and shall not affect the right to privacy, family and private or other fundamental rights and freedoms of the data subject. ”

6. RULES
6.1. While practising private investigator has the right to conduct investigations and monitoring by direct observation, photographs, audio-video and request the records and data records of public institutions, which, by law, are classified and shall not affect the right to privacy , family or private, or other fundamental human rights and freedoms.
6.2. Data and information will be provided promptly.

7. LAW
“Art. 12. – Private investigator shall: [... ]
b) use methods and means of investigation that do not affect the rules of law or the rights and freedoms; ”

7. RULES
7.1. Private detectives and specialized companies or individual offices where they work following activities are prohibited:
a) the interception of conversations or communications by telephone, telegraph, facsimile, electronic networks or other means of transmitting voice or data remotely and access those spaces to install specific equipment;
b) the interception, theft, destruction, detention or open without the right of correspondence or other postal items addressed to a person;
c) interception of private space ambient;
d) monitoring camera by placing technical means in private.

8. LAW
“Art. 14. – Specialized companies and individual offices of private detectives have the following rights:
a) to acquire and use technical means of investigation and communications permitted by law;
b) to organize courses and other training activities and specific physical training the personnel; ”

8. RULES
8.1. For media must obtain prior authorization for the frequencies used, issued by the General Inspectorate for Communications and Information Technology – IGCTI
8.2. Theme training and staff development will be presented by its executive leaders of the company annually by December 31 of the current year for the following year, the General Inspectorate of Romanian Police – Criminal Investigation Division for approval.
8.3. The theme will be used in the training process only after approval by the General Inspectorate of the Romanian Police.
8.4. If the opinion referred to in section 8.2 is not issued within 10 days of receipt, the topic is considered as approved.

9. LAW
“Art. 15. – (1) The organization and functioning of private investigators from specialized companies and individual offices shall:
a) to conduct investigations only under a written agreement entered into with the client;
b) establish a register numbered and file it with the county police inspectorate or, where applicable, the General Directorate of Bucharest Police, which will keep track of the cases investigated;
c) communicate data and information requested by the prosecutor or the court, for settlement of criminal cases;
d) where it finds that the information obtained concerns national security, immediately notify the responsible authorities in the field;
e) employ and use specific investigative activities only persons who have the status of private;
f) in relation to possibilities and based on conventions, in practice students receive private detective schools.
(2) specialized companies and individual offices of private detectives prepare their organization and functioning regulation, approved by order in writing to the head of the chief executive office of the company or individual, as appropriate. ”

9. RULES
9.1. All investigated cases should be highlighted in the register referred to in Art. 15 letters. b) of the Act, during which they will necessarily enter the following specifications: a) the number of the case being worked on specialized company or individual office;
b) the corresponding client code code Folders appendix are grouped by customer identification and documentation stating the performance of activities in that case, the code may consist of figures / numbers, name or designation;
a) subject to written agreement entered into with the client;
b) completion of the case;
c) personal code the client.
9.2. Specialized companies or individual offices must notify in writing immediately to the authorities in the field, under statutory powers, where data or information, regardless of how they were obtained, national security concerns, they are obliged to provide authorities that and support that possibly are fixed data.
9.3. It is forbidden copying, reproduction and transcription of these data and information to those who receive them – both private investigators and others within specialized companies or individual offices – as well as their communication in any form, other natural or legal.

10. LAW
“Art. 20. – (1) The repetition of committing offences referred to in art. 18 letters. a) and c) within one year draws to suspend the certificate for a period of 3-6 months.
(2) Suspension and revocation of suspension of the certificate is available in all cases, the General Inspectorate of Romanian Police, county police inspectorates proposal or the General Directorate of Bucharest Police, and communicated to the person concerned. ”

10. RULES
10.1. In the situation referred to in art. 20 para. (1) of the Act, suspend the certificate is ordered in writing by the General Inspectorate of Romanian Police – Criminal Investigation Division, the proposal reasoned County Police Inspectorate or the General Directorate of Bucharest Police in ascertaining body part in period referred to in section 5.1.
10.2. The provision for suspension will be communicated in writing to the person concerned, that the society in which it operates by county police inspectorate or the General Directorate of Bucharest Police, within the period referred to in section 5.2.

11. LAW
“Art. 24. – (1) The measures provided for in art. 23 on the suspension or cancellation of certificate of PI are ordered by the county police inspectorate issued or, where appropriate, by the General Directorate of Bucharest Police.
(2) Suspension or cancellation of the operating license of the specialist firm or individual cabinet detective is ordered under this law, the General Inspectorate of the Romanian Police. ”

11. RULES
11.1. Suspension or cancellation of certificate of private ordering by county police inspectorate or the General Directorate of Bucharest Police as provided by law and these rules.
11.2. Suspension or cancellation of the operating license of the society has county police inspectorate or the General Directorate of Bucharest Police, only after approval by the General Inspectorate of Romanian Police – Criminal Investigation Division.

12. LAW
“Art. 25. – Control of specific activity carried out by specialized companies and individual offices of private detectives specially appointed officers shall be conducted by the General Inspectorate of Romanian Police, the Ministry of Public Opinion. ”

12. RULES
12.1. The audit shall be conducted annually or whenever there are complaints indicating that the activity of the company or individual private detective office is not conducted in accordance with the law.
12.2. During a check will be considered the following:
a) the authenticity of the constitution and operation of the specialized company or individual private detective office and legality of their operation;
b) if the association / shareholders, and the head office of the company or individual private investigators and their staff meet the conditions and criteria set by the law and present their rules;
c) The register required by law and records it mandatory;
d) the existence of incompatibility or prohibition in the profession of private detective.
12.3. In all cases, observations made during a review of the specialized companies or individual offices of private detectives will be highlighted in the single control register, where the identity and quality control body, the proposed measures and penalties.



Order no. 492 from 03.02.2005 regarding the release mode, form and content of the private investigator ID card

Published in Official Gazette 133 of 14 February 2005 (Official Gazette no. 133/2005).
Considering the provisions of art. 9 of Law no. 329/2003 on the profession of private detective, as amended and supplemented, under art. 9 para. (4) of the Government Emergency Ordinance no. 63/2003 on the organization and functioning of the Ministry of Interior, approved with amendments by Law no. 604/2003, as amended, the Minister of Administration and Interior issues the following order:

CHAPTER I
General

Art. 1. – (1) This Order establishes the procedure by which the ticket is issued to private, form and content.

CHAPTER II
The issuance of private ticket

Art. 2. – (1) After passing the certification for the profession of private detective and employment of the person concerned, the specialized company or individual office shall issue identity cards.
(2) Issuing ticket provided in par. (1) shall be in strict compliance with the provisions of this order.
(3) The card that does not comply with the requirements of this order can not prove their private investigator holder.

Art. 3. – (1) For issuing the ticket, the person must submit two colour photographs size 40 mm x 30 mm. One of the photos attached on the ticket, and one of the corners stamped specialist firm or individual cabinet.
(2) The company specialized center / individual is obliged to keep records of permits issued in a special register, numbered and registered to the competent police, having completed the following tabs “No. crt.”,”Name of the private detective”,”Address of the private detective”,”Badge series and no.”,”Release date”,”Signature” and “Mentions”.
(3) Detective Series and badge number of the certificate are the same.
(4) The other picture is applied to a face sheet A4, which is transmitted forward address within 10 days from the date of issue of the ticket, the County Police Inspectorate, namely the General Directorate of Bucharest Police – Human Resources Management.
(5) The nominal sheet provided in par. (4) includes the following categories: “no. crt. “,” private detective Name “,” Residence Detective “,” Series and no. badge “,” release date “,” Signature of receipt “,” police unit that issued the certificate “,” Series and no. badge holder’s identity document “and” Terms “.

Art. 4. – (1) The company specializes / individual office is obliged to criminal investigative service of the county police station jurisdiction, namely the General Police Directorate of Bucharest, on the termination of service of this / that and PI employee within 48 hours of the occurrence of this situation and also have its withdrawal, doing the destruction, based on the minutes, making statements to that effect in the register.
(2) If the private detective badge refuses teaching, specialized company / individual office shall proceed to its cancellation, ensuring publication in a national daily newspaper.

CHAPTER III
Private ticket form elements customization and content of this document

Art. 5. – (1) ticket service is the document that proves its quality private detective under which they operate.
(2) ticket service include the following:
a) name of the country;
b) name of the document;
c) its serial number;
d) the name and surname detective;
e) personal code;
f) the issuer;
g) annual visas;
h) claims.
(3) The card has two file contents, white to gray, with dimensions of 100 mm x 70 mm, and is printed in Annex 1.
(4) The colour photograph is positioned on the first page, under the tricolour flag and the title “private detective CARD” in the box set, which is stamped specialist firm / individual cabinet and to the right of it is found space reserved for serial number badge, and civil status data of the holder, with the following words: “Name”, “Name”, “CNP”, “Issuer” and signature of the holder.
(5) The flag is made in national colours, linear shape and dimensions of 60 mm x 5 mm, engraved on a yellow background, with capital letters, the word “ROMANIA”.
(6) Page 2 of the ticket is divided into 6 equal squares of side 3 cm, in which the visa specialist company annual / individual cabinet, according to Annex 2.
(7) Page of 3 is reserved for any indication.
(8) On page 4 of the ticket is entered, the letters, the “ROMANIA” and “private detective”, employing specific stem this activity, according to the model in Annex 1.

CHAPTER IV
Final provisions

Art. 6. – (1) In case of theft, loss, destruction or damage to private ticket holder must notify immediately the police unit as the area where the event was recorded and specialized company / office where the individual is employed.
(2) After recording the event, police unit before its occurrence informs the General Inspectorate of Romanian Police – Criminal Investigation Division to the appropriate entry in nominal sheet provided in art. Article 3. (4).
(3) In case of theft or loss of private ticket, the specialized company / individual office take publication in a newspaper of national circulation, replacing the document and operate the necessary entries in the Register.
(4) If the destruction or damage notifies PI ticket service specialized company / individual office take the issue of a new document and operate the necessary entries in the register.
(5) In all cases when specialized company / individual office issue a new badge private, it / he is bound / obliged to state in writing to the General Inspectorate of Romanian Police – Criminal Investigation Department, stating the reasons.

Art. 7. – (1) Appendices. 1 and 2 *) are part of this Order.
___________
*) Annexes. 1 and 2 are reproduced in facsimile.

Art. 8. – (1) The provisions of this Order shall enter into force within three days of its publication in the Official Gazette of Romania, Part I.

Appendix 1 to Order no. 492 from 03.02.2005 regarding the release mode, form and content of the private investigator ID card
anexa 1 agentiedetectivi ro Legislation

Appendix 2 la Order no. 492 from 03.02.2005 regarding the release mode, form and content of the private investigator ID card
anexa 2 agentiedetectivi ro Legislation



Specific legislation, in PDF format

→ Law no. 329 from 08.07.2003 as amended and supplemented from Law no. 353 from 15.07.2004 – regarding the profession of private investigator (Romanian)

→ ͏͏͏Decision no. 1666 from 07.10.2004 on approval of the application of Law no. 329 from 08.07.2003 regarding the profession of private investigator (Romanian)

→ Order no. 492 from 03.02.2005 regarding the release mode, form and content of the private investigator ID card (Romanian)

→ ͏͏͏Law no. 677 from 21.11.2001 regarding the protection of individuals with regard to the processing of personal data and on the free movement of such data – as amended and supplemented from Law no. 102 from 03.05.2005 (Romanian)

→ ͏͏͏The Romanian Constitution updated and republished in the Official Gazette no. 767 from 31.10.2003 (Romanian)

private investigators legislation

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