Starting with the date of 26.01.2020, Law no. 192/2019 for the modification and completion of some normative acts in the field of public order and safety comes into force, the main modifications brought by GEO no. 104/2001 regarding the organization and functioning of the Romanian Border Police aiming to introduce preventive or coercive measures to strengthen the authority of the border guards, as personnel with responsibilities in the field of public order and security, carrying out missions in the area of competence.
The normative act brings additions and clarifications to the attributions provided by the law, these concerning both the rights and obligations of the border guards in the exercise of the function, as well as the rights and obligations of the citizens.
Among the preventive measures used by border guards to ensure public order and safety in the area of competence, we enumerate: legitimation, establishing the identity of persons and body check, luggage and vehicles - attributions provided in the previous form of the normative act.
Thus, regarding the legitimation and establishment of the person's identity, the border policeman was entitled to carry out such activities during the specific missions and previously, but the current normative act clarifies the situations in which such a measure is justified, as well as the right of the legitimate person to to be informed verbally, by the border policeman, about the reason for the legitimation.
In addition, the measures that are necessary to establish the identity of a person are established, and the border policeman has the right to ask the legitimate person to keep his hands in sight and, if necessary, to temporarily give up the means that can be used for an armed assault, in order to maintain a security status.
Regarding the carrying out of the corporal check over a person, of the luggage and of the vehicle in which it is located, during the carrying out of the specific missions in the area of competence, the current law clearly defines the purpose in which it is realized and the practical modalities of carrying out, depending on of its type.
The element of novelty is the fact that the result of the control is recorded in a report, which is signed by the border police officer and the person concerned or the legal representative. It also establishes the right of the policeman to ask the person under control to take a harmless position, which excludes a possible attack.
The action of the border policeman to deprive a person of a firearm or a white weapon whose possession is visible or known does not constitute corporal check.
Another aspect of interest would be the way in which a person is taken to the headquarters of a structure of the Romanian Border Police. The normative act establishes the situations when the border policeman is entitled to take this measure and establishes the rights of the person concerned by such a measure. And in this situation, the activity ends with the conclusion of a report related to this measure.
An important aspect to be noted is that, these legislative changes do not concern the activities related to carrying out the control formalities at the border crossing, carried out at the crossing points, when the Romanian or foreign citizen is present at the exit or entry into / from the country.
During the course of these activities in the area of competence, the border policeman is obliged to have a civilized behavior, to show kindness and solicitude, respectively to adopt a polite and firm attitude.Details on the practical way of implementing the law can be found at: https://www.politiadefrontiera.ro/en/main/i-guid-de-aplicare-a-legii-1922019-19366.html
