Filenews 11 May 2024
Radical changes are being made to the legislation concerning security guards, private guards and private security agencies, following the gaps and problems that arose, where people with a private security guard license provided protection to members of the underworld.
With a bill prepared by the Ministry of Justice and Public Order and put to public consultation, guards and private guards will have powers like those of police officers, with the only difference that they will not have the right to carry weapons. They will have a uniform, they will wear equipment, they will have the right to search persons in his area of responsibility. They can even use detection dogs.
The bill increases penalties for those who break the law, and is expected to be forwarded to Parliament for a vote after it takes its final form. It is noted that more than a thousand persons are currently employed or hold a private guard's license.
Initially, the bill redefines the term "guard" where the new regulation separates the one who provides security with the technician in safety issues. Thus, with the new term guard, it will mean a natural person who is employed by a private security service provider and holds a license issued in accordance with the provisions of this Law and includes:
> Security guard license, for the provision of surveillance, protection or safekeeping services of movable or immovable property or facilities, protection of natural persons, protection for the smooth conduct of spectacles, exhibitions, conferences, competitions or sports or other events, safe transport and storage of money, values and valuables, screening of passengers and luggage in the areas of airports and ports using special machines, immigration detention facilities, etc.
> Safety technician license, for the provision of services related to the installation of alarm systems.
> License of a private researcher, for the provision of private research services.
> A cashier's license to provide the service of transferring money or items in armoured vehicles.
At the same time, it is determined who will train guards and private guards. According to the bill, the instructor's license will be issued by the Chief of Police to a natural person or educational institution that meets the conditions and conditions set from time to time by the Chief and has been deemed capable of providing training to guards (private guards). "Instructor" means a person who holds a licence.
Also, so as not to misunderstand the term "protection" that existed until now, it will be replaced by the words "personal security". The law is also being amended so that guards can carry out checks at the entrances of the premises they guard, internal and outdoor control of facilities and perimeter surveillance and control of facilities which are determined by the Minister of Justice by relevant decree.
They will also have the power to search persons, luggage and objects in areas of state buildings and buildings of state agencies, departments and services, using special machines. The following amendment is also added to the bill: "It is understood that each guard may, in the performance of his duties, conduct a search and/or inspection of a person entering or leaving his areas of responsibility.
A new change concerns the use and disposal of armoured vehicles for the purpose of cash transfer or transportation of other valuable items, while the use of bats is prohibited, except those approved by the Chief of Police. The Commander-in-Chief may authorize the use of bulletproof vests, protective helmets or any other instrument in the performance of their duties.
Another amendment prohibits the use of means and methods that may cause damage, harm or inconvenience to third parties, or endanger the safety of citizens. The use of trained dogs for tracing and/or tracing purposes is permitted provided that the provisions of the "Dogs Law" Law 184 (I) 2002 and other relevant legislation are complied with. The use of free-moving dogs is allowed only inside guarded buildings or enclosed areas, provided that adequate warning is given by placing warning signs in prominent places.
Three Licenses
The licenses of Private Security Services Providers are now set at three:
(a) License of an Office for the Provision of Security and Protection Services.
(b) License of a Technical Services Agency.
(c) License of an Office for the Provision of Research Services.
It is also provided that an office may simultaneously fall into more than one category, depending on the services it offers, provided that it has paid the corresponding fees set for each category.
Security reasons
Because in the past private security guard's licenses were granted to persons who provided protection to members of the underworld, a provision is introduced under which the Chief of Police will reject by letter a request for a private security guard's license.
The letter will record that his application is rejected because, on the basis of information which cannot be disclosed, he is not considered a suitable person to exercise the profession in question for reasons of public policy or state security.
The license of a security guard or private guard will be valid for two years, while the Chief of Police will determine the type and colour of the uniform. At the same time, each private guard must submit to the Chief of Police, each year during the month of his licensing, an annual report stating the details of each employer as well as the period during which he offered personal security services and other information deemed necessary by the Chief. It is understood that the Chief may request the submission of lists of activities of private guards.
Penalties for offices and guards
According to the bill, a person who entrusts non-licensed persons with the provision of security services is guilty of a criminal offence and, if convicted, is liable to imprisonment not exceeding two years or to a fine not exceeding €30,000 or to both of these penalties.
Also, a natural or legal person who receives security services from a person who does not have a license to provide services or does not have a license to provide the security service provided or without a signed agreement for the provision of private security services, is guilty of a criminal offence and, if convicted, is liable to imprisonment not exceeding two years or to a fine not exceeding €30.000,00 or to both of these penalties.
Finally, the Minister of Justice is given the power to determine the offenses that will be regulated extrajudicially and in accordance with the "Extrajudicial Offences Law" and concern the relevant legislation with security offices or private guards.
