The juridical status of the service firearm ownership and utilization procedure and the armament and munitions operations within the Romanian penitentiary administrative system
Authors: Associate professor Georgeta Valeria SABĂU; Associate professor Daniel BERLINGHER
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The general activity of the special status civil servants from within the Romanian penitentiary administration system, involves, due to the nature of the work-related duties, particular risks and tasks, therefore this activity cannot be conducted without ensuring a distinct and efficient juridical regime, ensuring the protection and safeguarding the fundamental rights of 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 prison 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 designed, 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 line of duty, are entitled to use their lethal or nonlethal weapon, depending on the case, only after the official warning has been made, as well as the situations in which they can use their weapons, without warning, if there is no time for this: in case of self-defense or in case of a state of emergency.