Changes in duties, powers, equipment and penalties for security guards are brought by an amending bill of the Ministry of Justice and Public Order.
Guards in public buildings or state premises will be allowed to wear bulletproof vests, protective helmets and even to own detection dogs, as well as to conduct searches of incoming and outgoing persons. These changes were deemed appropriate in order to accurately define the duties of private security guards in state services, while for the first time in order to secure a license to provide security services, one must sit an exam.
According to the bill, the definition of "security guard" is changed, since it will now mean a natural person who is employed by a private security service agency and holds a license issued in accordance with the provisions of this Law and includes:
(i) Security guard license, for the provision of the services referred to in the law and related to building security and cash transfers.
(ii) Safety technician license.
(iii) Private investigator license.
(iv) A money transfer license for the provision of the service of transferring money or other luxury items. For this license, offices will be able to use armoured vehicles for the purpose of cash transfer or other valuables.
The guards will be able to carry out an internal and external inspection of facilities and perimeter surveillance and control of facilities which are determined by the Minister of Justice by a relevant decree. They will also be entitled to check persons, luggage and objects in areas of state buildings and buildings of state organizations, departments and services, with the use of special machinery. It is also provided that each guard may, in the performance of his duties, carry out an investigation and/or inspection of a person entering or leaving the areas of his responsibility.
At the same time, the private security guard, i.e. the person who is not employed by a private security agency, acts as a self-employed person and is prohibited from providing services to a private security service agency or from being employed by a private security service agency.
Three more types of permits that will be given by the Chief of Police for the services provided by the private security offices are defined as follows:
– License to Provide Security and Protection Services.
– License for the provision of services of a technical nature.
– License to provide research services.
As provided in the bill, an office can fall into more than one category at the same time, depending on the services it offers, provided that it has paid the corresponding fees set for each category.
It is additionally determined by the legislation under introduction, that the Chief of Police may approve the use of bulletproof vests, protective helmets or any other instruments, in the context of the performance of their duties. However, the possession, transport and use of weapons is not provided. Another element introduced by the new legislation is the use of trained dogs for tracking or detection purposes. Their use is allowed provided that the provisions of the "Dogs Law", as amended or replaced from time to time for the safety of citizens, are complied with.
Guard license only after examination
One of the essential changes introduced concerns the conditions that one must meet in order to secure a security guard license or private security guard.
According to the bill, leave can be granted to someone who has been legally exempted from fulfilling his military obligations or has not been deferred from fulfilling them under the National Guard Law, for mental health reasons. He has also not been convicted of the offenses specified in the Domestic Violence (Prevention and Protection of Victims) Law of 2000 and the Prevention and Combating of Violence against Women and Domestic Violence and Related Matters Law of 2021, as amended or replaced from time to time. Also, not to have been convicted in the last three years for any offense of the specific Law or Regulations issued under it.
For the first time, the granting of a license to practice the profession of security guard or private security guard is subject to the successful participation of the applicant in an examination. The examination is written or oral or a combination of these and is carried out by the Chief of Police.
Penalties for unlicensed custody services
The bill also sets penalties for those who use people to provide security or accept services from unlicensed persons. In particular, it is provided that a person who assigns the provision of security services to non-licensed persons is guilty of a criminal offense and, in case of conviction, is subject to imprisonment not exceeding two years or a fine not exceeding €30,000 or both.
Also, a natural or legal person who receives security services from a person who does not hold a license to provide security services or does not hold 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 offense and in case of conviction, is subject to imprisonment not exceeding two years or to a fine not exceeding €30,000 or to both of these penalties";
