The juridical status of the service firearm ownership and utilization procedure and the armament and munitions operations within the Romanian penitentiary administrative system

• Author: Georgeta Valeria Sabau/Daniel Berlingher
• Pages: 151-159

The juridical status of the service firearm ownership

and utilization procedure and the armament and munitions operations

within the Romanian penitentiary administrative system

Associate professor Georgeta Valeria SABĂU1

Associate professor Daniel BERLINGHER2

Abstract

The general activity of the specia l status civil servants from within the Romanian

penitentiary ad ministration system, involves, due to the nature of the work-related duties,

particular risks and tasks, therefore this activity cannot be cond ucted without ensuring a

distinct and efficient juridical regime, ensuring the protection and safeguarding the

fundamental rights o f people deprived of their freedom. This paper aims to present the

adoption of the current juridical regime of the procedure of owning and using the work-

supplied weapons and the weapons and ammunition operations in the Romanian p rison

system, the no. 23 /2016 Law regarding the possession and use of the work-supplied

weapons and the weapons and munitions operations in the penitentiary administrative

system, namely the use of weapons, munitions and military devices, by the civil servants

with a special status from the penitentiary administrative system, being allowed only in the

specially d esigned, approved and authorized shooting ranges, for this purpose; the

situations in which the civil servants from the penitentiary administrative system, carrying

lethal weapons, in the lin e of duty, are entitled to use their lethal or n onlethal weapon,

depending on the case, only after the official warning has been made, as well as the

situations in which they can use their weap ons, without warning, if there is no time for this:

in case of self-defense or in case of a state of emergency.

Keywords: particular regime; sp ecial legal regulation; possession; use; weapons;

penitentiary system.

JEL Classification: K14, K33, K40

1. The necessity of adopting the normative act

The adoption, by the Romanian Parliament, on March the 3rd 2016, of the

No. 23 Law regarding the possession and use regime of the work-supplied weapons

and the weapons and munitions operations in the penitentiary administrative

system3, which complements the common legislation in matters regarding the

weapons and munitions regime4, has determined us to publish in this issue of the

1 Georgeta Valeria Sabău, “Vasile Goldis” Western University of Arad, Faculty of Law, Arad,

Romania, georgetasabau@yahoo.com.

2 Daniel Berlingher, “Vasile Goldis” Western University of Arad, Faculty of Law, Arad, Romania,

berlingherdaniel@yahoo.com .

3 Published in the Official Journal of Romania, No. 174 of March 8th 2016.

4 Law No. 295/2004 regarding the weapons and munitions regime, published in the Official Journal

of Romania No. 583 of Jun e 30th 2004, modified no less than 11 times and republished twice, the

last amendment took place via the No. 319 Law of December 2015, published in the Official

Journal of Romania No. 929 of December 15th 2015.