ROMANIA BACKGROUND CHECK

The needs of background verifications in Romania grew due to rising fakeness in the credential and records of various organization and which has lower the trust and confidence of rely of the offered records, statements, evidences and much more. The immense fakeness has become the prime cause for the companies to take up the background verification services in Romania to have the effective control over entire record manipulation and preservation where our processes reduce any chance of such occurrence. The superior claim for getting the effective services in Romania is used as the trustful work of our screeners.

Our background verification services in Romania also cover the vital information on the character verification of candidates during pre employment checks. We provide verification services in entire Romania including major cities like Bucharest, Iasi, Cluj-Napoca, Timisoara, Craiova, Constanta, Galati, Brasov, Ploiesti, Braila, Oradea, Bacau, Arad, Pitesti and Sibiu.etc for getting perfect background information and history on the concerned individuals or companies . For getting the verification in Romania, please contact us on info@backcheckgroup.com for necessary supports.

GENERAL INFORMATION

GDP USD189.6bn (World ranking 53, World Bank 2013)
Population 19.96 million (World ranking 58, World Bank 2013)
Form of state Republic
Head of government Prime Minister Victor-Viorel Ponta (USL)
Next elections 2016, legislative

 

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PRODUCTS IN ROMANIA

Data Protection

Contribution Details

Marian Dinu

Country Managing Partner

Cosmina Simion

Head of iP, Media & Technology

Laura Leanca

Associate

Law

Even though Romania has only been a member of the European Union since 1 January 2007, the EU Data Protection Directive 95/46/EC was implemented into national legislation in November 2001 through Law no 677/2001 on the protection of individuals with regards to the processing of personal data and the free movement of such data (“Data Protection Law”).

Definition of Personal Data

“Personal Data” is defined under the Data Protection Law as any information referring to an identified or identifiable natural person. An identifiable person is one who can be identified either directly or indirectly by referring to a personal identification number or to one or several distinctive factors that are typical for the physical, physiological, mental, economic, cultural or social identity of the respective person.

Definition of Sensitive Personal Data

Under the Data Protection Law, the following categories of data are deemed as sensitive personal data (data presenting special risks): (i) data regarding racial or ethnical origin; (ii) political, religious, philosophical or other similar beliefs; (iii) affiliation to certain unions; (iv) physical or mental health condition; (v) sexual life; (vi) criminal or administrative offences.

Moreover, according to the template notification form issued by the National Supervisory Authority for Personal Data Processing, genetic, biometric data, national identification number, series and number of identification documents is also qualified as sensitive personal data.

National Data Protection Authority

national Authority for the Surveillance of Personal Data Processing (in romanian “Autoritatea Nationala de Supraveghere a Prelucrarii Datelor cu Caracter Personal” or “ansPDcP”).

Registration

ANSPDCP operates the national registry of data controllers which can be accessible online free of charge. All public and private entities processing personal data must notify ANSPDCP in respect of their personal data processing with at least 30 days in advance and obtain a data controller number, unless an exemption applies.

Based on the standard notification form issued by ANSPDCP, the notification should include the following information:

  • the personal data that are being processed (both sensitive and non-sensitive);
  • the purpose of processing;
  • the categories of targeted data subjects;
  • the categories of recipients;
  • information regarding the transfer outside Romania, either within the European Economic
  • Area, to states whose level of protection has been considered as adequate by the European
  • Commission or to other third party countries;
  • identification details of entities acting as processors on behalf of the data controller;
  • the manner in which data subjects are informed regarding their rights: verbally, via a website, or through a document (in which case it must be enclosed);
  • the estimated duration of personal data processing; and
  • data security measures. In this sense, the notification must include the security policy of the data controller describing the measures undertakes in order to ensure the security of the personal data processed.

Should the controller process personal data for various purposes, a notification must be filed separately for each purpose, unless such purposes can be correlated.

The notification procedure involves two stages. The first step is to file the online application. The second step is to send by post to ANSPDCP the first page of the notification stamped and signed by the legal representative of the data controller.

Once registered in the general registry, each data controllers shall be allocated a registration number which must be indicated in all official documents of the respective entity relating to the declared purpose of processing.

Data Protection Officers

Currently, there is no requirement in Romania for data controllers to appoint a data protection officer.

Collection and Processing

Under Data Protection Law, data controllers may collect and process personal data provided that the data subject has expressly and unequivocally consented thereto. The data subject’s consent is not required under the following circumstances:

  • the processing is necessary for the performance of a contractual or pre-contractual arrangement where the data subject is a party;
  • where the data controller needs to protect the life, physical integrity or health of the data subject or another person;
  • the data controller must comply with a legal obligation;
  • the processing is necessary for the performance of public interest measures;
  • the data controller has a legitimate reason for processing, provided that fundamental civil liberties of data subjects are not breached; or
  • processing is performed exclusively for statistical, historical or scientific research purposes.

Where sensitive data is processed, apart from the above conditions, data controllers must comply with additional requirements, depending on the specific type of sensitive data in question.

Data controllers must ensure that the data processed are proportional in relation to the declared purpose of processing, and not excessive.

Data subjects must be thoroughly informed in respect of data processing activities. They must be provided with the following information:

  • purpose of data processing;
  • recipients of personal data and transfer abroad;
  • rights provided by law in favor of data subjects as well as their manner of exercise; or
  • the consequences of the refusal to provide personal data.

Transfer

Different rules shall have to be observed depending on the destination country of such personal data. While personal data transfers outside within the EEA (or to countries with an adequate level of protection) must only be notified to AMSPDCP, transfer to third party countries outside the EEA requires an authorization from ANSPDCP.

If the personal data is transferred to another EU Member State, no other requirement must be met other than ticking the appropriate box in the on line notification form.

In case the data is transferred to a country with an adequate level of data protection (i.e. USA, Argentina, Canada, Switzerland, Jersey, Guernsey, Isle of Man), such countries shall have to be explicitly listed in the on line notification form.

In case the data is transferred to a third party country which is not included in either of the above categories, the transfer is permitted provided that the controller has obtained data subject’s consent, or in case it has concluded a data transfer agreement with the recipient of data located in the respective third country. This contract must be submitted with ANPDCP for its review.

For the transfer of data to the United States, compliance with the US/EU Safe Harbor principles satisfies the requirements of the Data Protection Law.

ANSPDCP does not recognize intra-group international data transfers based on Binding Corporate Rules.

Security

Data controllers and data processors must take appropriate technical and organizational measures to protect personal data against unauthorized or unlawful access or processing and against accidental or unlawful loss or destruction alteration, unauthorized disclosure or access to personal data, in particular where the processing involves the transmission of data over a network, and against all forms of illegal processing.

The measures taken must ensure a level of security appropriate to the nature of the data. Minimum security measures that data controllers must comply with are described in order no 52/2002 issued by the Romanian Ombudsman.

Data controllers must ensure that when processing data through data processors, the latter have also agreed to comply with data security obligations.

Breach Notification

There is not yet a mandatory requirement in the Data Protection Law to report data security breaches or losses to ANSPDCP or to data subjects.

Enforcement

ANSPDCD is entitled to investigate any breach of Data Protection Law ex officio or following a complaint filed by a prejudiced data subject. In this sense, ANSPDCP may perform an audit over data processing activities performed by data controllers.

ANSPDCP may impose administrative fines for failure to comply with the Data Protection Law, ranging from approximately EUR 115 to EUR 11,400 (the highest sanction is applied for failure to comply with security measures). The level of fines is higher in case of failure to comply with the regulations in the electronic communications sector, as further detailed below.

Under certain conditions, failure to comply with Data Protection Law may be considered as a criminal offence, in which case ANSPDCP shall contact the competent criminal authorities.

In addition to this, ANSPDCP may impose the temporary suspension of data processing activities as well as the partial or complete deletion of processed data.

According to Data Protection Law, data subjects must be granted the right to oppose to the processing of their personal data for direct marketing purposes (opt-out). The processing of personal data for electronic marketing purposes is further regulated under Law no. 506/2004 on the processing of personal data in the electronic communications sector implementing Directive 2002/58/CE (“Law 506/2004”). According to this law, it is forbidden to send commercial communications by using automatic systems that do not require the intervention of a human operator, by fax or electronic mail or any other similar method, except where data subjects have expressly consented in advance. It may be considered that SMS marketing falls under the same restrictions.

Moreover, cases where the data controller has directly obtained the e-mail address of a data subject upon the sale or provision of a certain service towards the latter, the controller may use the respective address for the purpose of sending electronic communications regarding similar products or services, provided that data subjects are clearly and expressly offered the possibility to oppose by way of an easily accessible and free of charge method, not only when the e-mail address is collected but also with each commercial communication received by the data subject.

ANSPDCP has not issued any specific guidelines in relation to electronic marketing.

Online Privacy (Including Cookies And Location Data)

The processing of traffic data, location data and the implementation of cookies are dealt with under Law 506/2004.

Traffic data – Traffic Data relating to subscribers and users processed and stored by the provider of a public communications network or publicly available electronic communications service must be erased or made anonymous when it is no longer needed for the purpose of the transmission of a communication.

However, traffic data may be retained for the purpose of marketing the services offered to data subjects, or in view of the provision of value added services, solely throughout the marketing period and provided that data subjects have consented to the processing of traffic data.

The processing of traffic data for billing purposes or the establishment of payment obligations for interconnection is permitted solely for a period of three years following the due date of the respective payment obligation.

Data subjects may withdraw their consent at any time.

The provider of electronic communication services must inform data subjects in respect of the processed traffic data, and the duration of processing, prior to obtaining their consent.

Communication service providers and entities acting under their authority may process traffic data for:

  • management of billing and traffic;
  • dealing with enquirers of data subjects;
  • prevention of fraud; or
  • the provision of communication services or value added services.

Location data – The processing of such data is permitted in one of the following instances:

  • data is rendered anonymous;
  • data subjects have consented to such processing for the duration necessary for the performance of value added services; or
  • when the purpose of the value added service is the unidirectional and non-differentiated transmission of information towards users.

The service provider must inform the users or subscribers, prior to obtaining their consent, in respect of the type of location data which will be processed, of the purposes and duration of the processing and whether the data will be transmitted to a third party for the purpose of providing the value added service. Users or subscribers shall be given the possibility to withdraw their consent at any time.

Where consent of the users or subscribers has been obtained for the processing of location data other than traffic data, communication service providers must grant users the possibility, using a simple means and free of charge, of temporarily refusing the processing of such data for each connection to the network or for each transmission of a communication.

Cookies – The storing of cookies on user terminals is permitted subject to the following cumulative conditions:

  • users have expressly consented thereto; (Law 506/2004 also provides that consent may be given by way of browser settings or other similar technologies); and
  • the information requirements provided by Data Protection Law have been complied with in a clear and user-friendly manner, to include references regarding the purpose of processing of the information stored by users.
  • Should the service provider allow the storing of third party cookies within a users’ computer terminal, they will have to be informed about the purpose of such processing and the manner in which browser settings may be adjusted in order to refuse third party cookies.
  • Consent is not required where cookies are:
  • used for the sole purpose of carrying out the transmission of a communication over an electronic communications network; or
  • strictly necessary for the provision of a service requested by the user.
  • Failure to comply with the requirements of Law 506/2004 is classified as a minor offence and is sanctioned with fines ranging from EUR 1,140 to EUR 22,700. In case of companies whose turnover exceeds approximately EUR 1,140,000, the amount of fines may reach up to 2% of the respective company’s turnover.

(Entered into force on: May 18th, 2000)

It must be specified that the only text which shall produce legal effects is the Romanian text.

Chapter I General Provisions

Art. 1 – The present law institutes measures for preventing, discovering and sanctioning of corruption acts and applies to the following persons:

a) who exercise a public position, irrespective of the way in which they were invested, within public authorities or public institutions;

b) who fulfil, permanently or temporarily, according to law, a position or a task, to the extent to which they participate in decisions-making process, or they can influence the decisions, within public services, autonomous regies, trading companies, national companies, national societies, cooperative units or other economic agents;

c) who carry out control attributions according to the law;

d) who grant specialized assistance to the units stipulated in letter a) and b), to the extent to which they participate in the decisions-making process or can influence the decisions;

e) who, irrespective of their position, achieve, control or grant specialized assistance, to the extent to which they participate in the decision-making process or can influence the decisions, with regard to operations that involve capital circulation, banking operations, hard currency exchange or credit operations, investment operations in stock exchanges, in insurance, in mutual investment or regarding the bank accounts or those assimilated to them, domestic and international transactions;

f) who have a management position in a political party or formation, in a trade union, in an employer’s organization or in a non-profit society or foundation;

g) other natural persons than those stipulated in letters a) – f), under the terms stipulated by law.

Chapter II Special Rules of Conduct for Certain Categories of Persons, for the Purpose of Preventing Corruption Acts

Art. 2 – The persons provided in art. 1 are compelled to carry on the duties that are incumbent on them in exercising their functions, duties or tasks assigned to them, by strictly observing the laws and the rules of professional conduct, and to ensure the protection and the carrying out of the legitimate rights and interests of the citizens, without using their positions, duties or tasks received, for obtaining for them or for other persons of money, goods or other undue advantages.

Art. 3 – (1) The persons provided in art. 1 lettter a), as well as those that hold a management position, from directors included, and up, within the autonomous regies, national companies, national societies, trading companies in which the state or an authority of the local public administration is a shareholder, the public institutions involved in the carrying out of the privatization process, the National Bank of Romania, the banks in which the state is controlling stockholder, have the obligation to declare their assets under the terms of the Law no. 115/1996 on declaring and control of the assets of the dignitaries, magistrates, civil servants and of certain persons with management positions.

(2) The non-submitting of the declaration of assets by the persons provided in paragraph (1) brings about the ex officio opening of the control procedure of the assets under the terms of the Law no. 115/1996.

Art. 4 – (1) The persons provided in art. 1 let. a) and c) are obliged to declare, within 30 days from receipt, any direct or indirect donation or physical gifts received in connection with the exercising of their functions or duties, with the exception of those that have a symbolic value.

(2) The provisions of the Law no. 115/1996 referring to the modality of submitting the declaration of assets applies accordingly also in the case provided in paragraph (1).

Chapter III Offences

Section 1 Categories of offences

Art. 5 – (1) In the meaning of the present law, corruption offences are those offences provided in art. 254 – 257 from the Criminal Code, in art. 61 and 82 from the present law, as well as offences stipulated in special laws, as specific modalities of the offences provided in art. 254 – 257 of the Criminal Code, and in art. 61 and 82 from the present law.

(2) In the meaning of the present law, offences assimilated to the corruption offences are the offences, provided in art. 10 – 13.

(3) The provisions of the present law are applicable also the offences provided in art. 17, which are in direct connection with the corruption offences or with those assimilated to such offences.

(4)The provisions of the present law are applicable also to the offences against financial interests of the European Communities provided in art. 181 – 185, through whose sanctioning is ensured the protection of the funds and resources of the European Communities.

Section 2 Corruption offences

Art. 6 – The offences of taking bribe – provided in art. 254 from the Penal Code, of giving bribe – provided in art. 255 in the Penal Code, of receiving undue advantages – provided in art. 256 in the Penal Code and of trading influence – provided in art. 257 from the Criminal Code, are punished according to those texts of law.

Art. 61 (1) Promising, offering or giving money, gifts and other benefits, directly or indirectly, to a person who has influence or induces the believe that has influence over an official, in order to determine that specific official to do or not to do an activity that is in its competences is punished with imprisonment from 2 to 10 years.

(2) The perpetrator is not punished if he/she denounces to authorities the deed before the criminal investigation body is notified for that specific deed.

(3) Money, assets or any other goods that made the object of the offence described at para. 1 are confiscated, and if not found, the convict is obliged to pay their equivalent in money.

(4) Money, assets or any other goods are remitted to the person that gave them in the terms of para. 2.

Art. 7 – (1) The fact of taking bribe, provided in art. 254 from the Criminal Code, if committed by a person who, according to law, has duties of ascertaining or sanctioning the contraventions or of ascertaining, investigation or judging of offences, are sanctioned with the punishment provided in art. 254 paragraph 2 from the Criminal Code regarding the commission of the offence by an official with control duties.

(2) The deed of giving bribe performed towards one of the persons provided in paragraph (1) or towards an official with control duties is sanctioned with the punishment provided in art. 255 from the Criminal Code, the maximum of which is increased by 2 years.

(3) If the offences provided in art. 256 and 257 from the Criminal Code, and the offences provided in art. 61 and 82 from the present law are committed by one of the persons mentioned in paragraph (1) and (2), the special maximum limit of the punishment of which shall be increased by 2 years.

Art. 8 – The provisions of art. 254 – 257 from the Penal Code and art. 61 and 82 from the present law also apply to the managers, directors, administrators and censors or other persons with control attributions of trading companies, national companies and societies, autonomous regies and to any other economic agents.

Art. 81 – Provisions of art. 254-257 from the Criminal Code and of art. 61 and 82 from the present law are also applied to the following categories as well:

a) officials, contractual personnel or other persons which have similar attributions within international public organisations in which Romania is part;

b) members of parliamentary assemblies of the international organizations to which Romania is part;

c) officials, contractual personnel or other persons which have similar attributions within the European Communities.

d) persons that exercise judiciary attributions in international courts with competence accepted by Romania, as well as clerks working for such courts;

e) officials of foreign state;

f) members of parliamentary or administrative assemblies of foreign state.

Art. 82Promising, the offering or giving money, or other benefits, directly or indirectly to an official representing a foreign state or a public international organisation in order to determine that specific official to do or not to do an activity that is in its competences, with the purpose of obtaining an undue advantage within international economic operations, is punished with imprisonment from one to 7 years.

Art. 9 – In the case of the offences provided in the present section, if committed in the interest of a criminal organization, association or group or of one of their members or to influence the negotiations of international commercial transactions or the international exchanges or investments, the maximum of the punishment provided by law for such offences shall be increased by 5 years.

Section 3 Offences assimilated to corruption offences

Art. 10 – The following deeds shall be punished by imprisonment from 5 to 15 years and the interdiction of certain rights, if committed for the purpose of obtaining for himself or for other person, money, goods or other undue advantages:

a) the establishing, deliberately, of a diminished value, compared to the real market value, of the goods belonging to the economic agents in which the state or an authority of the local public administration is a shareholder, committed during the privatization activity, forced execution, judiciary reorganization or liquidation or on the occasion of a commercial transaction, or of the goods belonging to public authorities or public institutions, during a selling activity forced execution of these, committed by those holding management, ruling or having administration, forced execution, judiciary reorganization or liquidation attributions;

b) the granting of credits or subsidies by infringing the law or the crediting rules, non-following up, according to law or the crediting rules, of the contracted destinations of the credits or subsidies, or non-following up of the remaining credits;

c) the utilization of the credits or subsidies for other purposes than those for which they had been granted.

Art. 11 – (1) The deed of a person who, by virtue of his position, of the duty or of the task received, has the obligation to supervise, to control or to liquidate a private economic agent, to carry out for it any task, to mediate or facilitate the carrying on of certain commercial or financial operations by the private economic agent or to participate with capital to such economic agent, if the deed is of such nature as to bring him directly or indirectly undue advantages, shall be punished by imprisonment from 2 to 7 years.

(2) If the deed stipulated in paragraph (1) has been committed within a period of 5 years from the cessation of the function, duty or task, it shall be punished by imprisonment from 1 to 5 years.

Art. 12 – The following deeds shall be punished by imprisonment from 1 to 5 years, if committed for the purpose of obtaining for himself or for other person, money, goods or other undue advantages:

a) performing of financial operations, as acts of merchant, incompatible with the position, duty or task which is carried out by a person or the financial transactions contracting , using information obtained by virtue of the position, duty or task;

b) the utilization, in any modality, directly or indirectly, of information that are not meant for publicity or allowing the access of unauthorized persons to these information.

Art. 13 – The deed of the person who has a leadership position in a party or in a political formation, in a trade union or in employer’s organization or a foundation that uses its influence or authority for the purpose of obtaining for himself or for somebody else money, goods or other undue advantages, shall be punished by imprisonment from 1 to 5 years.

Art 131 – The blackmail provided in art. 194 from the Criminal Code, if a person provided in art. 1 is involved, shall be punished by imprisonment from 7 to 12 years.

Art 132 – The abuse of office against public interest, abuse of office against personal interests and abuse of office by restraining certain civil rights, if the official obtained for him or other person an advantage of patrimonial or not-patrimonial nature, shall be punished by imprisonment from 3 to 15 years.

Art. 14 – If the deeds provided in art. 12 and 13 are committed under the terms of art. 9, the maximum punishment provided by law shall be increased by 3 years.

Art. 15 – The attempt to the offences provided in the present section shall be punished.

Art. 16 – If the deeds provided in the present section constitute more severe offences, according to the Criminal Code or to other special laws, these are punished under the terms and with the sanctions established in those laws.

Section 4 Offences directly connected to corruption offences

Art. 17 – In the meaning of the present law, the following offences are in direct connection with the corruption offences, with the offences assimilated to them or with the offences against the financial interests of the European Communities:

a) the concealment of goods originating in the commission of an offence provided in sections 2 and 3, as well as favouring the persons that committed such offence;

b) the association for the purpose of committing an offence provided in sections 2 and 3 or in let. a) of the present article;

c) the forgery and the use of forgery committed for the purpose of hiding the perpetration of one of the offences provided in sections 2 and 3 or committed for achieving of the aim pursued by such an offence;

d) the abuse of office against the public interests, abuse of office against personal interests and abuse of office by restraining certain civil rights, committed for achieving of the aim pursued through an offence provided in sections 2 and 3;

d1) blackmail committed in connection with those offences provided in sections 2 and 3;

e) the offences of money laundering, provided in Law no. 656/2002 on preventing and sanctioning money laundering, when the money, goods or other values originate in the commitment of an offence provided in sections 2 and 3;

f) the contraband with goods originating in the commitment of an offence provided in sections 2 and 3 or committed for achieving the aim pursued by such offence;

g) the offences provided in Law no. 87/1994 for the fighting tax evasion, committed in connection with the offences provided in sections 2 and 3;

h) the offences of fraudulent bankruptcy and the other offences provided by Law no. 31/1990 on trading companies, republished, with subsequent modifications and completions, committed in connection with the offences provided in sections 2 and 3;

i) the trafficking in drugs, trafficking in toxic substances and the non-observance of the firearms and ammunitions regime, committed in connection with a offence provided in sections 2 and 3.

j) the trafficking in human beings provided in Law no. 678/2001, on preventing and countering trafficking in human beings, committed in connection with a offence provided in sections 2 and 3.

k) the offence provided in GEO no. 159/2001 on preventing and countering the utilization of the banking and financial system in the purpose of financing terrorism acts, approved by Law no. 466/2002, committed in connection with a offence provided in sections 2 and 3.

Art. 18 – (1) The offences provided in art. 17 let. a) – d1) shall be sanctioned with the punishment provided in the Criminal Code for such offences, the maximum of which shall be increased by 2 years.

(2) The offences provided in art. 17 let. e) shall be sanctioned with the punishments provided in Law no. 656/2002 on the prevention and sanctioning money laundering, the maximum of which shall be increased by 3 years.

(3) The offences provided in art. 17 let. f) shall be sanctioned with the punishments provided in Law no. 141/1997 regarding the Customs Code of Romania, the maximum of which shall be increased, in the case of simple contraband, by 3 years, and in the case of qualified contraband, by 5 years.

(4) The offences provided in art. 17 let. g) shall be sanctioned with the punishment provided in Law no. 87/1994 on fighting tax evasion, the maximum of which shall be increased by 2 years.

(5) The offences provided in art. 17 let. h) shall be sanctioned with the punishment stipulated in Law no. 31/1990, republished, the maximum of which shall be increased by 2 years.

(6) The offences provided in art. 17 let. i) regarding the trafficking in drugs shall be sanctioned with the punishments provided by the Law no. 143/2003 on countering trafficking and illicit consume of drugs, the maximum of which shall be increased by 2 years, the offence of trafficking toxic substances shall be punished according art. 312 from the Criminal Code the maximum of which shall be increased by 2 years, and the offence of non-observance of the firearms regime shall be sanctioned according art. 279 from the Criminal Code, the maximum of which shall be increased by 2 years.

(7) The offences provided in art. 17 let. j) regarding trafficking in human beings shall be punished according with Law no. 678/2001 on preventing and countering trafficking in human beings the maximum of which shall be increased by 2 years.

The offence provided in art. 17 let. k) shall be sanctioned with the punishment provided by GEO no. 159/ on preventing and countering the utilization of the banking and financial system in the purpose of financing terrorism acts, approved by Law no 466/2002, the maximum of which shall be increased by 2 years.

Section 41 Offences against the financial interests of the European Communities

Art. 18(1) Using of presenting of false, inexact or incomplete documents or declarations, which has as result the illegitimate obtaining funds from the general budget of the European Communities or from the budget administrated by them or on their behalf, shall be punished with imprisonment from 3 to 15 years and retaining certain rights.

(2) The deliberately overlooking of providing the information required according to the law, with the purpose of obtaining funds from the general budget of the European Communities or from the budget administrated by them or on their behalf, shall be sanctioned with the same punishment.

(3) If the deeds provided in art. 1 and 2 generated particularly serious consequences, the punishment shall be the imprisonment from 10 to 20 years and restraining certain rights.

(1) Changing the destination of the funds obtained from the general budget of the European Communities or from the budget administrated by them or on their behalf, without observing the law, shall be punished with imprisonment from 6 months to 5 years.

(2) If the deed provided in para. 1 generated particularly serious consequences, the punishment shall be the imprisonment from 5 to 15 years and restraining certain rights.

(3) Changing the destination of a legal obtained benefit, without observing the law, if the deed has as result the illegal diminishing of the resources from the general budget of the European Communities or from the budget administrated by them or on their behalf, shall be sanctioned with the punishment provided in para. 1.

(1) Using or presenting of false, inexact or incomplete documents or declarations, if the deed has as result the diminishing of the resources from the general budget of the European Communities or from the budget administrated by them or on their behalf, shall be punished with imprisonment from 3 to 15 years and restraining certain rights.

(2) The deliberately overlooking of providing the information required according to the law, if the deed has as result the illegal diminishing of the resources from the general budget of the European Communities or from the budget administrated by them or on their behalf, shall be sanctioned with the same punishment.

(3) If the deeds provided in para. 1 and 2 generated particularly serious consequences, the punishment shall be the imprisonment from 10 to 20 years and restraining certain rights.

Art. 184The attempt to the offences provided in art. 181 – 183 shall be punished.

Art. 185The guilty non-observing of an office duty, by non-performing it or deficient performing it, by a director, administrator or the person with decisional or control attributions within a economic agent, if it had as result the commission of one of the offences provided in art. 181 – 183 or the commission of a corruption or money laundering offence in connection with the funds of the European Communities, by a person subordinate to him/she and who acted on behalf of that specific economic agent, is punished with imprisonment from 6 months to 5 years and restraining certain rights.

Section 5 Common provisions

Art. 19 – In the case of committing the offence to which the present chapter refers, the money, assets and any other goods that were given in order to determine the committing of the offence or to reward the offender or those obtained by committing the offence, if they are not returned to the injured person and to the extent that they do not serve to his/her compensation, shall be confiscated, and if the goods are not found, the convict shall be obliged to pay their equivalent in money.

Art. 20 – If one of the offences provided in the present article was committed, taking the seizure measures is compulsory.

Chapter IV Procedural Provisions

Section 1General provisions

Art. 21 – (1) The offences provided in the present law as corruption offences or as offences assimilated to those or as offences in direct connection with the corruption offences, if they are flagrant, shall be pursued and judged according to the provisions of art. 465 and art. 467 – 479 from the Criminal Procedure Code.

(2) If the offences provided in para. (1) are not flagrant, the criminal pursuit and the trial shall be carried out according to the ordinary law procedure.

Art. 22 – In the case of the offences provided in the present law, the criminal pursuit shall be mandatory carried out by the prosecutor.

Section 2 Special provisions on discovering and pursuit of offences

Art. 23 – (1) The persons with control attributions shall be obliged to notify the criminal pursuit organ or, as the case may be, the organ for ascertaining the commission of offences, authorized by law, with regard to any information from which grounds result that an operation or an illicit act, that could draw criminal liability according to the present law, has been performed.

(2) The persons with control attributions are obliged, during the performing of the control act, to proceed to the ensuring and preserving the traces of the offence, of the material evidence and of any means of proof that might assist the criminal pursuit organs.

Art. 24 – The persons provided in art. 1 let. e), who have knowledge of operations that involve the circulation of capitals or other activities, provided in art. 1, regarding amounts of money, goods or other values that are supposed to originate from corruption offences, assimilated to corruption offences or offences in connection with corruption offences, have the obligation to notify the criminal pursuit organs or, as the case may be, the organs for ascertaining of the commission of the offence or the control organs authorized by law.

Art. 25 – (1) The performing in good faith of the obligations provided in art. 23 and 24 shall not constitute an infringement of the professional or banking secret and shall not draw penal, civil or disciplinary liability.

(2) The provisions stipulated in para. (1) shall apply even if the pursuit or the judging of the notified deeds led to the not starting or cessation of the criminal pursuit or acquittal.

(3) Repealed by Law no 161/2003.

(4) The non-fulfilment with mala fide of the obligations provided in art. 23 and 24 represent offences and shall be punished according to art. 262 from the Criminal Code.

Art. 26 – The banking and the professional secrets, excepting the professional secret of lawyers exercised according to the law, are not opposable nor to the prosecutor, after the beginning of criminal investigations, neither to the courts. Data and information required by the prosecutor or the court are given at the written request of prosecutor, during criminal pursuit, or at written request of the court during judgement.

Art. 261(1) In case there are solid and concrete grounds that an offence of taking bribe, provided in art. 254 from the Criminal Code, of receiving undue advantages, provided in art. 256 from the Criminal Code or of trading in influence, provided in art. 257 from Criminal Code is committed or are made preparations for committing such offences, by a civil servant, the prosecutor can authorize the use of the undercover investigators or the investigators with real identity, with the purpose of discovering the deeds, identifying the perpetrators and obtaining the means of evidence.

Undercover investigators are operative agents of the judiciary police, especially appointed for this purpose, according to the law.

(3) The investigators with real identity are operative agents of the judiciary police.

(4) The authorization for the use of undercover investigators or investigators with real identity is given through motivated ordinance by the competent prosecutor to perform the criminal investigation, for a period of maximum 30 days, and may be extended, in a motivated manner, only if the grounds for granting the authorization persist. Each extension may not exceed 30 days, and the total duration of the authorization, in the same case and with regard to the same person, may not exceed 4 months.

(5) The prosecutor’s ordinance authorizing the use of undercover investigators or investigators with real identity must comprise, besides the mentions provided by art. 203 from the Criminal Procedure Code, the following:

a) the solid and concrete grounds regarding the commission or the preparation of the commission of the offences provided by art. 254, art. 256 or 257 from the Criminal Code;

b) the civil servant towards whom there is a supposition that he committed or prepares the commission of an offence provided by art. 254, art. 256 or 257 of the Criminal Code, when his identity is known;

c) the activities that the undercover investigator or the investigator with a real identity is authorized to perform;

d) the identity under which the undercover investigator will perform the authorized activities;

e) the period for which the authorization is issued;

(6) The undercover investigators or investigators with real identity can be authorized to promise, to offer or, the case may be, to give money or other advantages to a civil servant, according to art. 254, art. 256 or art. 257 from Criminal Code.

(7) The reports concluded by the undercover investigator or the investigator with real identity with regard to the activities performed, authorized according to para. 6, may constitute evidence and shall be used only in the criminal case for which the authorization was issued.

(8) The real identity of undercover investigators may not be revealed during or after the conclusion of their action.

(9) The prosecutor competent to authorize the use of the undercover investigator has the right to know his real identity, with the observance of the professional secret.

(10) The undercover investigators or investigators with real identity may be heard as witnesses according to art. 862 from the Criminal Procedure Code.

Art. 27 – (1) When there are solid grounds on the commission of one of the offences provided in the present law, for the purpose of gathering proofs or of identifying the perpetrator, the prosecutor may ordain, for a period of maximum 30 days:

a) putting under surveillance of the banking accounts and of the accounts assimilated to them;

b) putting under surveillance or intercepting the telephone lines;

c) the access to the informational systems;

d) the communication of acts, banking, financial or accounting documents.

(2) For solid grounds, the authorization provided in para. 1 may be prolonged, in the same terms, each extension not exceeding 30 days. The maximum duration of the authorized measures provided in para. 1 let. a) – c) is 4 months.

(3) During judgement, the court may ordain the prolongation of these measures by motivated decision.

(4) The provisions of art. 911-915 from the Criminal Procedure Code shall be accordingly applied.

Art. 28 Repealed by GEO no 43/2002

Art. 29 – (1) For the first instance trial of the offences provided by the present law, specialized panels of judges shall be set up.

(2) Within the first instance courts, tribunals and courts of appeal, the specialized panels are constituted by 2 judges.

Section 3 Common provisions

Art. 30 – The final judicial decision of condemnation or acquittal may be published in the central newspapers or, as the case may be, local, mentioned in the decision.

Art. 31 (1) – The provisions of the present law are completed, with regard to the criminal pursuit and judging, with the provisions of the Criminal Procedure Code.

(2) The provisions of Law no. 92/1992 on the judiciary organisation republished in the Official Gazette of Romania, Part I, no. 259 from September 30, 1997, with subsequent amendments and completions shall be applied accordingly, to the present law, if the present law does not provides otherwise.

Chapter V Final Provisions

Art. 32 Repealed.

Art. 33 – Any provision contrary to the present law shall be repealed.

(Entered into force on: March 16, 2006)

CHAPTER 1 General dispositions

ART. 1

(1) Through the present emergency ordinance, the National Anticorruption Directorate is set up, as a structure with legal personality, within the framework of the Prosecutor’s Office attached to the High Court of Cassation and Justice (GPO), through the reorganization of the National Anticorruption Prosecutor’s Office.

(2) The National Anticorruption Directorate has its headquarters in Bucharest and exerts its attributions on the whole territory of Romania through prosecutors specialized in combating corruption.

(3) Repealed;

(3ˆ1) The General Prosecutor of the High Court of Cassation and Justice leads the National Anticorruption Directorate through the Chief Prosecutor of this Directorate. The General Prosecutor of the High Court of Cassation and Justice solves the conflicts of competence between the National Anticorruption Directorate and the other structures or units within the Public Ministry.

(4) *** Repealed;

ART. 2

The National Anticorruption Directorate is independent in its relationship with the courts of justice and the prosecutor’s offices attached to these, as well as in its relationship with the other public authorities, carrying out its attributions on the law’s basis and in order to provide the fact that the law is respected by all.

ART. 3

(1) The attributions of the National Anticorruption Directorate shall be the following:

a) carrying out criminal investigations according to the Criminal Procedural Code, the Law no.78/2000 on preventing, discovering and sanctioning corruption offences and in the present emergency ordinance, for the offences provided in the Law no. 78/2000 which fall, according to art. 13, under the competence of the National Anticorruption Directorate;

b) leading, supervising and controlling the criminal investigations requested by the prosecutors and carried out by the judicial police officers which are under the exclusive authority of the Chief Prosecutor of the National Anticorruption Directorate;

c) leading, supervising and controlling the technical activities of the criminal investigation, carried out by specialists in the economic, financial, banking, customs, IT fields, as well as in other fields, appointed within the framework of the National Anticorruption Directorate;

c1) notifying the courts for taking legal measures for sentencing cases regarding the offences provided by Law no. 78/2000, with the subsequent amendments, which fall, according to art. 13, under the competence of the National Anticorruption Directorate;

c2) participating at trials, according to law;

c3) applying the judges’ decisions, according to law;

d) analyzing the causes which generate corruption and the conditions which favor it; drawing up and submitting proposals with a view to their elimination, as well as for improving the criminal legislation;

e) drawing up the annual report on the NAD’s activity and submitting it to the Superior Council of Magistracy and to the Minister of Justice no later than February next year; the Minister of Justice will submit to the Parliament the conclusions on the activity report of the National Anticorruption Directorate;

f) setting up and updating the data base in the field of corruption deeds.

g) carrying out other attributions provided by law.

(2) The National Anticorruption Directorate exerts its rights and fulfils its legal procedural duties in cases regarding the offences provided by the present emergency ordinance within its competence.

(3) In carrying out his attributions, the Chief Prosecutor of the National Anticorruption Directorate issues orders.

CHAPTER 2 The organizing and functioning of the National Anticorruption Directorate

ART. 4

(1) The National Anticorruption Directorate is led by a Chief Prosecutor, assimilated to the Deputy General Prosecutor of the Prosecutor’s Office attached to the High Court of Cassation and Justice. The Chief Prosecutor of the National Anticorruption Directorate is assisted by 2 deputy chief prosecutors, assimilated to the Deputy General Prosecutor of the Prosecutor’s Office attached to the High Court of Cassation and Justice.

(2) In carrying out his activity, the Chief Prosecutor of the National Anticorruption Directorate is assisted by two counselors, assimilated to the counsellors of the General Prosecutor of the Prosecutor’s Office attached to the High Court of Cassation and Justice.

(3) The Chief Prosecutor of the National Anticorruption Directorate is a secondary credit accountant.

Financing the current and capital expenses of the National Anticorruption Directorate is ensured from the state budget, the fund designated for the NAD’s use being distinctly mentioned in the budget of the Prosecutor’s Office Attached to the High Court of Cassation and Justice. A deposit of at least 2 million RON is annually constituted for actions regarding the organizing and ascertaining of flagrant corruption offences, at the disposal of the Chief Prosecutor of the National Anticorruption Directorate. This sum is provided in the National Anticorruption Directorate’s budget, with the title “Material expenses and services” and its way of managing and using, shall be set up by order of the chief prosecutor of this Directorate.

ART. 5

(1) The National Anticorruption Directorate is organized in sections led by chief prosecutors of section, assisted by deputy chief prosecutors of section. The sections are set up and dissolved through the order of the Chief Prosecutor of the National Anticorruption Directorate with the approval of the Superior Council of Magistracy.

(2) Territorial services, services, offices and other compartments of activity can be set up within the National Anticorruption Directorate through the order of the Chief Prosecutor of this Directorate.

(3) The headquarters of the territorial services and their district are established by the Chief Prosecutor of the National Anticorruption Directorate, usually in the cities where the prosecutor’s offices attached to the courts of appeal have their headquarters and by taking into consideration their district.

(4) The territorial services, the services and the offices are led by chief prosecutors.

(41) Within the National Anticorruption Directorate, an Information and Public Relations Office will be set up. It will ensure the connection to the public and to the media, in order to guarantee the transparency of the criminal investigation activity, according to the law.

(42) The leader of the office, which is also the spokesman, can also be a prosecutor appointed by the Chief Prosecutor of the National Anticorruption Directorate or a journalist, hired on the position of expert, appointed on the basis of a competition or exam.

(5) The judicial police officers and agents carry out their activity within sections, services or other activity compartments, being assigned through the order of the Chief Prosecutor of the National Anticorruption Directorate.

ART. 6

The National Anticorruption Directorate’s staff is formed of prosecutors, judicial police officers and agents, experts in the economic, financial, banking, customs, IT field and also in other fields, special auxiliary personnel, as well as economic and administrative personnel, to the extent of the number of positions provided in the functions status, approved according to law.

ART. 7*** Repealed

ART. 8*** Repealed

ART. 9*** Repealed

ART. 10

(1) Judicial police officers work within NAD with the purpose of carrying out with celerity the activities of discovering and investigating the corruption offences.

(2) The judicial police officers and agents (as mentioned in the first paragraph) carry out their activity only within the National Anticorruption Directorate, under the exclusive authority of the chief prosecutor of this Directorate.

(3) The judicial police officers and agents can carry out only those criminal investigations disposed by the prosecutors of the National Anticorruption Directorate. The judicial police officers and agents carry out their activity under the direct leading, supervision and control of the prosecutor.

(4) The dispositions of the NAD prosecutors are mandatory for the above mentioned judicial police officers. The documents drawn up by the judicial police officers as a result of the written disposition of the prosecutor are carried out on his behalf.

(5) The transfer of the judicial police officers and agents within the National Anticorruption Directorate is made, at the nominal proposal of the Chief Prosecutor of the National Anticorruption Directorate, through the order of the Minister of Administration and Interior, and their appointment is made through the order of the chief prosecutor of this Directorate.

(6) The judicial police officers and agents are transferred to exercise their job attributions for a period of 6 years, with the possibility of extending it, with their consent.

(61) The transfer of the judicial police officers and agents within the National Anticorruption Directorate ceases before the end of the period of time provided in the sixth paragraph through revocation from the position disposed by the motivated order of the Chief Prosecutor of the National Anticorruption Directorate.

(7) The judicial police officers and agents cannot receive any orders from the hierarchically superior bodies.

(8) The judicial police officers and agents, during the period of appointment within the National Anticorruption Directorate have the rights and duties provided by law for the judicial police officers and agents, with the exceptions provided by the present emergency ordinance. The duties provided by law for the Minister of Administration and Interior regarding the rights and responsibilities of the judicial police officers and agents are exerted by the Chief Prosecutor of the National Anticorruption Directorate. The responsibilities regarding the granting of professional degrees for the judicial police officers and agents are exerted by the Minister of Administration and Interior, at the proposal of the Chief Prosecutor of the National Anticorruption Directorate.

(9)*** Repealed

ART. 11

(1) Experts of high qualification in the economic, financial, banking, customs, IT fields, as well as in other fields, are appointed within the framework of the National Anticorruption Directorate, through the order of the Chief Prosecutor of this Directorate, with approval of the competent ministries, for clearing up technical aspects during the criminal investigation activity.

(2) The experts provided in the first paragraph have the quality of a public official and they carry out their activity under the direct leading, supervision and unmediated control of the prosecutors within the National Anticorruption Directorate. The experts have the rights and obligations provided by law for public officials, with the exceptions mentioned in the present emergency ordinance. The experts adequately benefit of the rights provided in art. 26 of the Government Emergency Ordinance no. 177/2002, regarding the salaries and other rights of the magistrates, with subsequent amendments and completions.

(3) The technical-scientific findings carried out by the experts provided in the first paragraph as a result of the written disposition of the prosecutor, represents a mean of evidence according to law.

(4) The technical-scientific findings and surveys can be carried out by other experts from public or private, foreign or Romanian institutions, organized according to law, as well as by individual experts, authorized or admitted, according to law.

ART. 12 The position of prosecutor, judicial police officer or expert within the framework of the National Anticorruption Directorate is incompatible with any other public or private position, except high educational didactic positions.

CHAPTER 3,The Competence of the National Anticorruption Directorate

ART. 13

(1) The offences provided in the Law no.78/2000 for preventing, discovering and sanctioning corruption deeds, with the subsequent amendments and completions, fall under the competence of the National Anticorruption Directorate, when committed under one of the following circumstances:

(a) if, regardless of the quality of the persons who committed them, these offences caused a material damage greater than the equivalent in ROL of 200, 000 EUROS, or a particularly serious perturbation was brought to the activity of a public authority, public institution or any other legal person, or if the value of the sum or of the good which represents the object of the corruption offence is greater then the equivalent in ROL of 10, 000 EUROS;

(b) if, regardless of the value of the material damage or the seriousness of the perturbation brought to a public authority, public institution or any other legal person, or regardless of the value of the sum or of the good which represents the object of the corruption offence, these offences are committed by deputies, senators, Government’s members, state secretaries, under state secretaries and the persons assimilated to them, the counselors of the ministers, the judges of the High Court of Cassation and Justice and of the Constitutional Court, the other judges and prosecutors, the members of the Superior Council of Magistracy, the president of the Legislative Council and the person who replaces him, the Ombudsman and his deputies, the presidential and state counselors within the Presidential Administration, the state counselors of the Prime Minister, the members and the financial controllers of the Court of Accounts and of the County Chambers of Accounts, the Governor and Prime vice-governor and the Vice-governor of the National Bank of Romania, the president and the vice-president of the Council of Competition, officers, admirals, generals and marshals, police officers, the presidents and the vice-presidents of the county councils, the general mayor and the vice-majors of the Bucharest municipality, the mayors and the vice-majors of the districts of Bucharest, the mayors and the vice-majors of the municipalities, the county counselors, prefects, sub-prefects, persons filling control position within the central and local public institutions and authorities, except for the leaders of the public institutions and authorities at the level of cities and counties and of the persons with leading positions within them, lawyers, commissioners of the Financial Guard, customs employees, persons with leading positions, higher than and including that of a director within the framework of the autonomous administrators of national interest, of the national companies, of the banks and trading companies where the state is a main shareholder, of the public institutions having attributions in the privatization process, and of the central financial – banking units, persons provided in art. 8ˆ1 from Law no. 78/2000, with the subsequent amendments and completions, judicial liquidators, executors of the Authority for State Assets Recovery.

(11) The offences against the financial interests of the European Community fall under the competence of the National Anticorruption Directorate.

(12) The National Anticorruption Directorate has the competence to carry out the criminal investigation if a material damage was caused and if it was higher than the equivalent in ROL of 1, 000, 000 EUROS, the case of the offences provided by art. 215 paragraphs 1, 2, 3 and 5, art. 246, 247, 248 and 248¹ from the Criminal Code, of the actions provided by article 175, 177 and 178-181 from Law no. 141/1997 regarding Romania’s Customs Code, with the subsequent amendments and completions, and by Law no. 241/2005 for preventing and combating tax evasion.

(2) The specialized prosecutors within the National Anticorruption Directorate must carry out the criminal investigation for the offences provided at paragraphs (1), (1¹) and (1²).

(3) The criminal investigation in cases regarding offences provided at the paragraphs (1), (1¹) and (1²), committed by military personnel shall be carried out by the military prosecutors of the National Anticorruption Directorate, with no regard to the rank the investigated persons have.

(4) The offences provided by Law no. 78/2000, with the subsequent amendments and completions, which do not fall under the competence of the National Anticorruption Directorate according to paragraphs (1), (1¹) and (1²), fall under the competence of the prosecutor’s offices attached to the courts of law, according to the dispositions of the Criminal Procedure Code.

ART. 131*** Repealed.

CHAPTER 4 Procedural dispositions

ART. 14

(1) The persons with control attributions have the obligation to notify the National Anticorruption Directorate regarding any data or information from which it results that one of the offences fallen under the competence of the National Anticorruption Directorate, through the emergency ordinance, was committed.

(2) The persons with control attributions have the obligation, during the carrying out of the control, in the situations provided at paragraph (1), to ensure and preserve the traces of the offence, the material evidence and any other means of evidence which can help the criminal investigation structures.

(3) The services and structures specialized in collecting and processing information shall have the obligation to immediately put at the disposal of the National Anticorruption Directorate the data and information they hold in connection with the commission of corruption offences.

(4) The services and structures specialized in collecting and processing information shall, at the request of the Chief Prosecutor of the National Anticorruption Directorate or of the prosecutor specially assigned by him, put at his disposal the data and information provided under paragraph 3), unprocessed.

(5) Non-observance of the obligations provided under paragraphs 1) through 4) shall entail the juridical liability, according to the law.

ART. 15

Whenever the prosecutors of the prosecutor’s offices attached to the courts of law find out, in carrying out the criminal investigation, that the offence making the object of the case is one of the offences assigned by the present emergency ordinance within the competence of the National Anticorruption Directorate, they shall have the obligation to immediately inform the prosecutors from this Directorate.

ART. 151

The National Anticorruption Directorate is authorized to have and to use adequate means to obtain, verify, process and store the information regarding the corruption offences provided in the Law no. 78/2000, with the subsequent amendments, according to law. Any information of an operative nature is immediately transmitted to the competent authorities, for verifying and valuing it.

ART. 16

(1) When there are substantial signs with regard to the commission of one of the offences which, according to the present emergency ordinance, fall under the competence of the National Anticorruption Directorate, the following measures can be disposed, in order to collect evidence and to identify the perpetrator:

a) the surveillance of the bank accounts and the accounts assimilated to these;

b) the surveillance or interception of the communications;

c) the access to the IT systems.

(2) The measures provided at paragraph (1) let. A) and c) can be disposed by the prosecutors within the National Anticorruption Directorate, for a duration of maximum 30 days. For substantial reasons, these measures can be extended by the prosecutor, through justified ordinance, each extension being of no more than 30 days. The maximum duration of the disposed measures is of 4 months.

(3) The measure provided at paragraph (1) let. b) can be disposed by the judge, according to the dispositions of art. 91ˆ1 – 91ˆ6 from the Criminal Procedural Code which applies adequately.

(4) The prosecutors within the National Anticorruption Directorate can dispose to be provided with financial, banking, accountability or other documents, according to paragraph (1).

ART. 17*** Repealed.

ART. 18

For the proper carrying out of the criminal investigation, the prosecutors within the National Anticorruption Directorate can dispose specific measures for protecting the witnesses, the experts and the victims according to law.

ART. 19

The person, who committed one of the offences assigned by the present emergency ordinance within the competence of the National Anticorruption Directorate and who, during the criminal investigation, denounces and facilitates the identification and bringing to criminal liability of other persons, who committed such offences, shall benefit of the reduction to half of the penalty limits provided by law.

ART. 20

(1) After the initiation of the criminal investigation the banking secret and the professional one, except for the lawyer’s professional secret, shall not be opposable for the prosecutors of the National Anticorruption Directorate. The data and information requested by the prosecutor shall be communicated at his written request.

2) The provisions under paragraph (1) shall be applied accordingly, also with regard to the court of law.

3) The verification of the bank accounts and of the accounts assimilated to these may be carried out only at the request of the prosecutor within the National Anticorruption Directorate who carries out the criminal investigation.

ART. 21

The persons who carry out the criminal investigation, the experts provided under Art. 11, as well as the auxiliary specialized personnel, shall be obliged to keep the professional secret with regard to the data and information obtained in this quality.

ART. 22

1) In the case of the offences assigned by the present emergency ordinance within the competence of the National Anticorruption Directorate, the provisions of Art. 118 of the Criminal Code with regard to confiscation of the goods shall be applied.

2) In case the goods making the object of the offences provided under paragraph (1) are not found, their equivalent in money or the goods obtained in exchange shall be confiscated.

3) In order to guarantee the fulfillment of the confiscation, the ensuring measures provided by the Criminal Procedure Code may be taken. Such measures shall be immediately taken by the persons especially designated from the National Anticorruption Directorate.

ART. 221

The indictments drawn up by the prosecutors within the territorial services of the National Anticorruption Directorate are confirmed by the chief prosecutors of these services. The ones drawn up by the chief prosecutors of the territorial services, as well as those drawn up by the prosecutors within the central structure of the National Anticorruption Directorate are confirmed by the chief prosecutors of sections. When the indictments are drawn up by the chief prosecutors of the National Anticorruption Directorate’s sections, the confirmation is made by the chief prosecutor of this Directorate.

ART. 23

The persons under preventive arrest in the cases under the competence of the National Anticorruption Directorate shall be detained in places especially established within the National Anticorruption Directorate, functioning with delegated personnel from the General Direction of Penitentiaries or, as the case may be, in the preventive arrest sections of the penitentiaries or in the arrest of the general anticorruption direction within the Ministry of Administration and Interior.

ART. 24

The provisions in the Criminal Procedure Code and the procedural provisions in the Law no.78/2000 regarding the prevention, detection and sanctioning of corruption deeds and in the Law no.115/1999 on ministerial responsibility, republished, shall be applied accordingly, also in the cases falling within the competence of the National Anticorruption Directorate.

CHAPTER 5 International Cooperation

ART. 25

With a view to a mutual consultation regarding the offences under the competence of the National Anticorruption Directorate and to a data and information exchange regarding the investigation and prosecution of such offences, a liaison office with similar institutions from other states is set up.

ART. 26*** Repealed.

CHAPTER 6 Final Dispositions

ART. 27

(1) The National Anticorruption Directorate shall function with the following maximum number of positions:

a) 130 positions for prosecutors;

b) 170 positions for judiciary police officers and agents;

c) 45 positions for experts;

d) 85 positions for auxiliary specialized personnel;

e) 80 positions for economic and administrative personnel.

(2) The maximum number of positions within the National Anticorruption Directorate can be modified through the decision of the Government.

ART. 28

(1) The prosecutors within the National Anticorruption Directorate benefit from all the rights established for magistrates in the GEO no. 177/2002, with the subsequent amendments and completions, in other laws, as well as in the present emergency ordinance. They are paid according to annex no. 1, chap. A, no. crt. 2-11 from the GEO no. 177/2002.

(2) The experts within the National Anticorruption Directorate benefit of all the rights established in the GEO no. 192/2002 regarding the salary rights of the public officials, with the subsequent amendments and completions, as well as of the rights provided by the present emergency ordinance. The basic salary for experts is established according to annex no. 1, chap. A, no. crt. 29 from the GEO no. 177/2002.

(3) The judicial police officers and agents within the National Anticorruption Directorate benefit of all the rights established in annex no. 4 from the GEO no. 38/2003 regarding the salary and other rights of the police officers, approved with amendments and completions by the Law no. 353/2003, with subsequent amendments and completions, as well as of the rights provided by the present emergency ordinance. The salary for the position filled by: – the police agent is established according to chap. A no. crt. 32 from annex no. 1 at the GEO no. 177/2002, approved with amendments and completions by the Law no. 347/2003, with the subsequent completions; – the judicial police officer, according to chap. A no. crt. 29 from annex no. 1; – the head of the office, according to chap. A no. crt. 28 from annex no. 1; – the head of service, according to chap. A no. crt. 27 from annex no. 1 of the same emergency ordinance.

(4) The judicial police officers and agents, as well as the experts within the National Anticorruption Directorate benefit from the rights provided by art. 17 from GEO no. 177/2002, with the subsequent amendments and completions.

(5) The staff provided at paragraph (1), the panel of judges specialized in corruption offences – according to art. 29 from Law no. 78/2000, with the subsequent amendments and completions – the prosecutors which participate in the judging of these cases, the president, the vice-president, the presidents of sections and the judges within the High Court of Cassation and Justice, the general prosecutor of the High Court of Cassation and Justice, his deputies and the prosecutors within the High Court of Cassation and Justice benefit from a 40% raise added to the gross monthly salary. The staff within the National Anticorruption Directorate provided at paragraphs (2) and (3) benefit from a raise of 30% for the carried out activity specialized in combating corruption offences.

(6) The wages of the specialized auxiliary personnel and of the administrative and economic one is provided by law for the same category of staff within the High Court of Cassation and Justice.

(7) The gross monthly salaries, as well as other salary rights of the staff provided at paragraphs (1)-(3) and (5) are established by the chief prosecutor of the National Anticorruption Directorate, according to law.

(8) The material and financial rights of the prosecutors, specialized auxiliary personnel, experts, administrative and economic staff, military employees and other categories of staff within the National Anticorruption Directorate, as well as of the judicial police officers and agents are paid from the funds of this Directorate.

(9) The manner of granting the raises at the gross monthly salaries provided at paragraph (5) is established by norms approved through the order of the Minister of Justice.

ART. 281

The National Anticorruption Directorate can grant monthly bonuses with in the limit of 5% of the wages expenses, up to the annually approved funds from the budget with this destination. The bonuses can be granted to the magistrates and to the other categories of staff which achieved or directly participated in the obtaining of results, considered to be valuable. The remained sums can be used in the following months within the same budgetary year.

ART. 282

The auto park, the fuel consumption and the manner of using the auto park are established through the order of the chief prosecutor of the National Anticorruption Directorate.

ART. 283

The rights of the staff within the National Anticorruption Directorate sent abroad or invited on the account of the organizations or other foreign partners are established through the rules approved by order of the chief prosecutor of this Directorate, and the necessary expenses for traveling abroad are approved, within the limits of the rules approved for the public institutions staff, by the chief prosecutor of the National Anticorruption Directorate.

ART. 29

The funds necessary to enforce the present emergency ordinance shall be provided from the Public Ministry’s budget approved for the year 2002, which shall, by Government Decision, be supplemented from the Reserve Fund at the Government’s disposal.

ART. 30

The provisions of the Law no.92/1992 on judicial organization, republished, with subsequent amendments and completions, shall be applied also in the case of the National Anticorruption Directorate, to the extent in which through the present emergency ordinance it is not otherwise provided.

ART. 31

(1) The Government and the General Council of the Municipality of Bucharest shall take immediate measures to provide the headquarters for the National Anticorruption Directorate.

(2) The Ministry of Justice, the Prosecutor’s Office attached to the High Court of Cassation and Justice, the Ministry of Administration and Interior and the Ministry of Public Finance shall take the necessary measures for the organization of the National Anticorruption Directorate, within 60 days after the coming into force of the present emergency ordinance.

(3) The National Anticorruption Prosecutor’s Office shall start functioning on September 1st 2002.

ART. 32

(1) For the cases regarding the offences provided by the Law no.78/2000, which are in the criminal investigation phase on the 1st of September 2002, the criminal investigation shall be carried out by the prosecutors of the National Anticorruption Prosecutor’s Office. The acts and documents drawn up by the 1st of September 2002 shall remain valid.

(2) The cases regarding the offences provided by the Law no.78/2000, which are at the trial courts and which are sent, according to the Criminal Procedure Code, to the criminal investigation structures, shall be within the competence of the National Anticorruption Directorate.

ART. 33

The chief prosecutor of the National Anticorruption Directorate shall adopt, through an order, the rules for enforcing the provisions of the present emergency ordinance.

ART. 34

Article 25 – (1) The Advocate of the People shall inform the petitioner about the results of his/her complaint lodged with him. The Advocate of the People may also publicize these results through the media, if the person(s) concerned have given consent, while observing provisions under Article 19 on secret information and documents.

(2) Where during the course of his inquiries, the Advocate of the People finds gaps in legislation or serious cases of corruption or violations of the Country’s laws, he will submit a report on his findings to the Speakers of the two Houses of Parliament or, as the case may be, to the Prime-Minister.

Police Background Check Procedures

Who can apply?

• Romanian nationals can apply.
• Third party representatives can apply with a notarised written consent or power of attorney.
• Prospective UK employers cannot apply.

Where?

• Local applicants must apply in person at their local county police station.
• Overseas applicants are advised to consult the Romanian embassy in London.

What must the applicant supply?

• Local and overseas applicants must supply a completed application form. Obtainable at link
below; local police station or embassy.
• Applicants must provide photographic ID when collecting from police station/embassy.

What are the costs / turnaround times?

Local applications:
• Fee of RON 1 (approx. 0.20p) payable by tax stamp available at Post Offices
• Turnaround of 10-30 days.
Fast-track service:
• Fee of ROM 5 (approx. GBP £1.00) called „emergency tax‟, paid at local State Treasury Unit (Tax Office)
• Turnaround of 1-3 days.

Contact Details

Police stations that accept applications:
www.politiaromana.ro/site_judetean.htm
Online form: http://politiaromana.ro/directia_cazier_registrul_operatorilor_intracomunitari.htm
(Romanian Only)
Central Office in Bucharest:
Criminal Record and Operational Situation
Department 3-5 Eforie St, Sector 5 Bucharest
Tel: (+402) 131 531 89
General Inspectorate of the Romanian Police:
13-15 Stefan cel mare Street Bucharest
Tel: (+402) 120 825 25
Romanian Embassy, London:
Arundel House
4 Palace Green
London
W8 4QD
Tel: (+44) 207 937 9666
Fax: (+44) 207 937 8069
Email: roemb@roemb.co.uk

What does the certificate look like?

Certificates are only issued in Romanian. Translation service is available, enquire at police station.
Certificate contains:
• Full name
• Unique identification number
• Date and place of birth
• Most recent address
• Names of parents
• Details of committed offence, rehabilitation and extradition information (if relevant)
• Certificates are stamped with a round stamp and contain the name of the issuing County Police station and Romania’s coat of arms. Each certificate has a unique serial number containing both letters and numbers.
• If there are no convictions on record, the certificate will state: “The applicant is not recorded in the criminal record database.”
• Certificate is valid for six months only from the date of issue.

Romania Police Certificates

Please note that Info Cubic does not provide Police Certificates in Romania.

Individuals residing in Romania may apply for a Police Certificate/Certificat de Cazier Judiciar at their local police authority. If you are a Romanian National, you must complete an application form, provide an authorized identification document (identity card or passport), and pay a processing fee. If you are a foreigner residing in Romania, you must apply in person at the County Police Inspectorate in the county that you reside.

Non-residents that need a Police Certificate/Certificat de Cazier Judiciar can apply for it at their nearest Romanian Embassy or Consulate. Applications are also accepted through the Inspectoratul General al Politiei in Romania. Certificates can also be obtained by giving notarized power of attorney to an authorized representative to apply on your behalf.

Privacy Laws & Regulations

The “National Supervisory Authority for Personal Data Processing” is the authority that oversees and enforces data protection in Romania. Romania follows the Data Protection Directive 95/46/EC that was put in place by the European Union. Romania has implemented the provisions of the data protection directive through Law Number 667/2001, Data Protection Law, for the protection of individuals with regards to the processing of personal data and the free movement of such data. These laws protect the way that personal data is collected and handled. It states that individuals should provide consent prior to the collection of data, unless the law suggests otherwise.

  • Data can only be collected if it is done so for relevant reasons and not in excess;
  • Data that is collected may only be used for the purpose for which is was collected;
  • Data must be up to date and accurate;
  • If the data is found to be inaccurate, it needs to be discarded and replaced with accurate data;
  • Once you are finished with the information collected, and it has fulfilled its purpose, the data must be destroyed;
  • Data that is collected must be stored in a safe location with very limited and relevant access.

Data Protection restrictions are in place for countries within the European Union (EU). They do not allow for the transfer of data to countries outside of the European Union. Due to this restriction, the Safe Harbor was created. When a company becomes Safe Harbor certified, they agree and certify that they will meet the privacy and data protection requirements set forth by the Safe Harbor Directive. Info Cubic is Safe Harbor certified, which allows us to obtain information from the EU.

Risk

Sovereign risk

Despite a 3-point score improvement, the sovereign risk rating remains unchanged, at the upper end of the BB band. The negative implications for the 2015 deficit target of plans to bring forward some major tax cuts caution against an upgrade. Public debt has risen since the 2008 global crisis but remains low, at 39.8% of GDP (ESA 2010 definition) at end-2014, and The Economist Intelligence Unit forecasts that it will stay below 41% of GDP in 2015-16.

Banking sector risk

The ratio of non-performing loans has been declining in recent months, and we expect this trend to continue in 2015.

Political risk

Despite the departure from the coalition of the ethnic Hungarian Union of Democrats in Romania (HUDR) in December 2014, we expect the government, now comprising the Social Democratic Party (SDP) and its smaller allies, to survive until the next scheduled election, in 2016. However, it will face a strong challenge from the centre-right parties at the election.

Economic structure risk

Romania’s BB rating reflects structural vulnerabilities, such as a high ratio of net external debt to exports of goods and services.

Travel Risk

Security

The decision to travel is your responsibility. You are also responsible for your personal safety abroad. The purpose of this Travel Advice is to provide up-to-date information to enable you to make well-informed decisions.

Demonstrations

Demonstrations occur and have the potential to suddenly turn violent. They can lead to significant disruptions to traffic and public transportation. Avoid all demonstrations and large gatherings, follow the advice of local authorities and monitor local media.

Crime

The rate of violent crime is low. Pickpocketing, purse snatching and mugging occur, especially in Bucharest and other urban centres. Be vigilant in crowded areas such as busy streets, buses, subways, trains, train stations and airport terminals. Avoid walking alone after dark.

Organized groups of thieves, which may include children, operate particularly in public transport centres, such as train stations, subways and buses.

Theft can occur on intercity trains. Do not leave your compartment unattended, and ensure that the door is secured from the inside.

Road travel

Driving can be hazardous due to aggressive drivers, erratic driving behaviour and high speeds. Other than major city streets and intercity highways, many roads are in disrepair, poorly lit, narrow and without marked lanes. Do not drive after dark outside of major cities because of the unsafe conditions, which also include the presence of horse-drawn carts without lights and wandering livestock.

Public Transportation

Taxis are readily available and are an affordable mode of transportation. Use only licensed metered taxis that display their price lists. Verify the tariffs on the taxi’s window before boarding and ensure that the meter displays the correct tariff. Tariffs are cheaper during the day and more expensive when travelling outside of the city limits. Visit the taxis booth within the arrivals terminal of the Bucharest airport to obtain a fair rate. Do not hail a taxi on the street; instead, order one from your hotel. Avoid travelling alone in a taxi to remote areas.

Rail services are generally poor by Western standards. It is, therefore, preferable to travel by inter-city buses, which are frequent, comfortable and relatively fast.

See Transportation Safety in order to verify if national airlines meet safety standards.

Fraud/scams

Credit card and automated banking machine (ABM) card fraud occurs. Pay careful attention when cards are being handled by others during payment processing. It is preferable to use ABMs located inside financial institutions or large hotels, rather than those on the street.

See our Overseas fraud page for more information on scams abroad.

Spiked food and drinks

Never leave food or drinks unattended or in the care of strangers. Be wary of accepting snacks, beverages, gum or cigarettes from new acquaintances, as the items may contain drugs that could put you at risk of sexual assault and robbery.

General safety information

Carry adequate identification at all times. A photocopy of your passport is acceptable, and will help in case of loss or seizure of the original document.

Exercise normal safety precautions. Ensure that your personal belongings and passport and other travel documents are secure at all times, especially on public transportation. Avoid showing signs of affluence and carrying large sums of cash.

Emergency services

Dial 112 for emergency assistance.

Annual Cases

Budget Autonomy Yes
Annual Budget of the Agency US ($) 22 million in 2011
Per Capital Expenditure $(US) 0.92
Expenditure as % of the GDP 0.01 %
Are employees protected by law from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)? Yes
Does your country have freedom of information legislation? Yes
Does your country have conflict of interest legislation? Yes
Does your country have a financial disclosure system to help prevent conflicts of interest? Yes
Who appoints the head of your agency? The Chief Prosecutor of DNA is proposed by the Minister of Justice and appointed by the President of the Republic, after the Superior Council of Magistracy gives its opinion on this matter.
Who has the authority to remove the head of the ACA? The Chief Prosecutor of DNA can be removed by the President of the Republic, at the proposal of the Minister of Justice, after the Superior Council of Magistracy gives its opinion on this matter.
Is there any term limit for the head of the ACA? Yes , 3 years with the possibility of being reappointed once.
Does your agency measure performance? YesNumber of investigations launchedNumber of investigations completed

Other, please specify

Number of convictions ruled by the courtsFull access to GovernmentNo

Address Format

RECIPIENT
[STREET_TYPE] STREET_NAME HOUSE_NUMBER [, [BLOCK] [APARTMENT] [FLOOR]]
[DEPENDENT_LOCALITY]
POSTAL_CODE LOCALITY
ROMANIA

Sample

Călina Enescu
Stradă Măguricea 1, ap. 1
014231 BUCUREŞTI
ROMANIA

Summary

Calendar GMT Reference Actual Previous Consensus Forecast
2015-02-13 08:00 AM Q4 2.6% 3.3%(R) 2.01%
2015-04-07 08:00 AM Q4 2.7% 3.2% 2.6% 2.6%
2015-05-13 08:00 AM Q1 4.3% 2.7% 2.7% 2.4%
2015-07-07 08:00 AM Q1 2.7% 4.3% 4.3%
2015-08-14 08:00 AM Q2
2015-10-07 08:00 AM Q2

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