Law No. 80 Of 9 May 1997

Original Language Title:  LEGE nr. 80 din 9 mai 1997

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Law No. 80 of 9 May 1997 (* updated *) on the ratification of the European Convention on extradition, finished in Paris on 13 December 1957, its additional protocols and concluded in Strasbourg on 15 October 1975 and 17 March 1978 (updated until June 24, 2006)-PARLIAMENT ISSUING — — — — — — — — — — *) original text was published in MONITORUL OFICIAL nr. 89 of 14 May 1997. This is the updated form of S.C. "territorial Center of Electronic Computing" until June 24, 2006, with edits and additions to: Law No. 74 of 7 April 2005; Law No. 224 of 1 June 2006.
Romanian Parliament adopts this law.


Article 1 shall ratify the European Convention on extradition, finished in Paris on 13 December 1957.
Ratify additional protocol to the European Convention on extradition, signed at Strasbourg on 15 October 1975, and the second additional Protocol to the European Convention on extradition, signed at Strasbourg on 17 March 1978.


Article 2 of the Convention's ratification is made with the following statements: (1) in article 6, paragraph 1 (a)): Romanian citizen cannot be extradited.
By way of derogation from these provisions, the Romanian citizen can be extradited from Romania on the basis of international conventions to which it is party and on the basis of reciprocity only if it met at least one of the following conditions are met: a) the requesting State shall, with a view to criminal prosecution and judgment, be regarded as sufficient assurances that, in the case of conviction to a penalty involving deprivation of liberty by a final judgment Romanian citizen, will be transferred for enforcement in Romania;
  

b) Romanian citizen residing in the territory of the requesting State after the date of the grant of an application for extradition;
  

c) Romanian citizen has the citizenship of the requesting State;
  

d) Romanian citizen has committed the Act in the territory of or against a national of a Member State of the European Union, if the requesting State is a member of the European Union.
  

The person to whom it was granted the right of asylum in Romania cannot be extradited.
— — — — — — — — — — — — — (1) of article 1. 2 was amended by section 1 of article in law No. 74 of 7 April 2005, published in Official Gazette No. 324 of 18 April 2005.

(2) in article 6 paragraph 1 letter b): "the term nationality for the purposes of this Convention, it is understood that the Romanian citizen or person has obtained asylum in Romania."
"(3) in article 21, paragraph 5: where will require transit through the territory of Romania, for a Romanian citizen or a person who has obtained a right of asylum in Romania, properly apply the provisions of paragraph 1. ' — — — — — — — — — — — — — Paragraph (3) of art. 2 was amended by section 2 of article in law No. 74 of 7 April 2005, published in Official Gazette No. 324 of 18 April 2005.

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Art. 3 has been repealed by article 16. II of law No. 224 of 1 June 2006, published in MONITORUL OFICIAL nr. 534 of 21 June 2006.
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Art. 4 was repealed by article. II of law No. 224 of 1 June 2006, published in MONITORUL OFICIAL nr. 534 of 21 June 2006.
This law was adopted by the Chamber of deputies in session of 14 April 1997, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CHAMBER PRESIDENT ANDREW JOHN CHILIMAN this law was passed by the Senate in session on 18 April 1997, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. SENATE CHAIRMAN MIRCEA IONESCU-QUINTUS CONVENTION 13/12/1957 PROTOCOL 15/10/1975 PROTOCOL 2 17/03/1978