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Law No. 177 Of 4 November 1997 On The Ratification Of The Treaty Between Romania And The Republic Of Moldova On Legal Assistance In Civil And Criminal Matters, Signed In Chisinau On 6 July 1996

Original Language Title:  LEGE nr. 177 din 4 noiembrie 1997 pentru ratificarea Tratatului dintre România şi Republica Moldova privind asistenţa juridică în materie civilă şi penală, semnat la Chişinău la 6 iulie 1996

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LEGE no. 177 177 of 4 November 1997 for the ratification of the Treaty between Romania and the Republic of Moldova on legal assistance in civil and criminal matters, signed in Chisinau on 6 July 1996
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 310 310 of 13 November 1997



The Romanian Parliament adopts this law + Article UNIC The Treaty between Romania and the Republic of Moldova on legal assistance in civil and criminal matters, signed in Chisinau on 6 July 1996, is ratified. This law was adopted by the Senate at the meeting of September 4, 1997, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT OLIVIU GHERMAN This law was adopted by the Chamber of Deputies at the meeting of October 6, 1997, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT ANDREI IOAN CHILIMAN + TREATY between Romania and the Republic of Moldova on legal assistance in civil and criminal matters Romania and the Republic of Moldova, hereinafter referred to as contracting parties, in the desire to improve their cooperation in the field of legal assistance, have decided to conclude this Treaty of legal assistance in civil and criminal matters. To this end they agreed on the following: + Part I General provisions + Article 1 Definition of terms For purposes of this Treaty: a) civil cases shall be understood as civil and procedural civil law, family law, commercial law, labour law and administrative law; b) through competent authorities means the courts, prosecutors ' offices (for Romania), the bodies of the prosecutor's office (for the Republic of Moldova), notations and other competent institutions in civil and criminal matters; c) by law means any category of normative act by which they are regulated, in each of the two contracting parties, the legal relations in relation to which the treaty refers to the law. + Article 2 Legal protection 1. The citizens of a Contracting Party shall enjoy in the territory of the other Contracting Party, in respect of their personal and patrimonial rights, of the same legal protection as their own citizens. 2. The citizens of a Contracting Party have the right to freely and unimpeded the competent authorities of the other Contracting Party in the attribution of which the civil and criminal cases are given, may support their interests before them, make requests and to introduce actions under the same conditions as its citizens. 3. The competent authorities of a Contracting Party shall, upon request, direct the citizens of the other Contracting Party to ensure the representation they need in support of their legitimate causes. 4. The provisions of this Treaty, relating to the citizens of the Contracting Parties, shall also apply accordingly to legal persons established in accordance with the laws of the Contracting Party in whose territory they are based. + Article 3 Granting legal aid The Contracting Parties shall grant each other, on request, legal assistance in civil and criminal cases, under the conditions laid down in this Treaty. + Article 4 Bail exemption Citizens of a Contracting Party to the competent authorities of the other Contracting Party as applicants or interveners, if they are domiciled or residing in the territory of one of the Contracting Parties, cannot be obliged to make bail or deposit, whatever their name, for the reason that they are foreigners or that they are not domiciled or residing in the territory of the contracting party to which the requested competent authority belongs. + Article 5 Free judicial facilities and assistance 1. The citizens of one of the contracting parties shall benefit, in the territory of the other Contracting Party, from the reduction or exemption of procedural expenses, as well as free judicial assistance, under the same conditions as their own citizens. 2. The facilitations referred to in paragraph 1, granted in a given case, shall apply to all procedural acts of that case, including acts of execution. + Article 6 Conditions for obtaining facilitation 1. When the citizen of a contracting party requests a facilitation between those provided for in art. 5 of this Treaty, a date with the application will also present a certificate on its material and personal situation, drawn up according to the legal regulations of each contracting party. 2. If the applicant has no domicile or residence in the territory of any of the Contracting Parties, the certificate referred to in paragraph 1 may be issued by the diplomatic mission or consular office of the Contracting Party of which the citizen is. + Article 7 Request for facilitation 1. The citizen of one of the contracting parties, who wishes to request a competent authority of the other contracting party the facilitations provided for in art. 5, may make an application to that effect to the competent authority of his domicile or residence. 2. The competent authority which, according to paragraph 1, has received the application shall transmit it, together with the certificate and with any annexes, to the competent authority of the other Contracting Party. 3. The competent authority shall decide on the application for the granting of the facilitations provided in art. 5 5 retain the right to control the certificates and information provided to it and, in order to fully build up, may request additional information. + Article 8 How to link 1. In matters concerning the granting of legal aid, the competent authorities of the two Contracting Parties shall communicate with each other through the central bodies, in so far as this Treaty does not otherwise be ordered. 2. The central bodies referred to paragraph 1 are, for Romania, the Ministry of Justice, and for the Republic of Moldova, the Ministry of Justice and the Prosecutor General's Office + Article 9 Language used In application of the provisions of this Treaty, the central bodies of the two Contracting Parties referred to in 8 paragraph 2 use in the relations between them their official language. It shall also be done in relations between the competent authorities of the Contracting Parties. + Article 10 Information exchange in the field of legislation The Contracting Parties shall inform each other, upon request, of the legislation in force, or which has been in force in their States, and of its application in judicial practice. + Article 11 Protection of witnesses and experts 1. The witness or expert, whatever his nationality, who, following a subpoena, presents himself before the competent authority of the other contracting party, may neither be pursued, nor held, nor subject to any other limitation of his freedom. individual on its territory, for acts or convictions prior to the border crossing of the requesting Contracting Party. 2. The immunity referred to in paragraph 1 shall cease if the witness or expert has not left the territory of the requesting Contracting Party within 15 days of the date when the competent authority that called him makes it known that his presence is no longer necessary or that it will return later. This period shall not include the time when the witness or expert could not leave the territory of this Contracting Party for reasons beyond his control. + Article 12 Return on costs for witnesses and experts 1. The travel and maintenance expenses, as well as the compensation of the unearned income, related to the movement for the submission of the testimony or for the performance of the expertise, will be borne by the requesting contracting party. The expert also has the right to the expert fee. 2. The rights referred to in paragraph 1 shall be made mention in the citation. At the request of the witness or expert, the requesting contracting party will pay in advance, in part or in full, the said expenses. + Article 13 Hearing as witnesses of arrested persons 1. If it is necessary for a person who is arrested on the territory of a contracting party to be heard as a witness by a competent authority of the other contracting party, the central bodies referred to in art. 8 may agree that this person is transported to the territory of the requesting Contracting Party, provided that he is kept in custody and is returned no later than 7 days after the hearing. 2. The transfer will be refused: a) if the person held does not consent; b) if the presence of the person is necessary in an ongoing criminal procedure in the territory of the requested contracting party; c) if the transfer is likely to prolong its detention; d) if other imperious considerations are opposed to the transfer or to the territory of the requesting Contracting Party. + Part II Civil cases + Chapter 1 Legal aid + Article 14 Subject to legal Legal assistance in civil matters includes the performance of some procedural activities, such as: preparation, transmission and delivery of judicial and extrajudicial acts; hearing of parties, witnesses, experts and other persons; expertise; on-site research and findings of some states of fact; the application of insurance or conservation measures; documents of documents, obtaining copies or photocopies or extracts from documents. + Article 15 Application for legal aid 1. The application for legal assistance shall include the following data: a) name of the requesting competent authority; b) the name of the competent authority c) indication of the case in which legal assistance is sought; d) the names and surnames of the parties, the standing, their nationality, their domicile or residence, and in the case of legal persons, their name and their seat e) the name, surname and address of the parties ' representatives, where appropriate f) the object of the application and the data necessary for its g) the mention of the documents attached to the application. 2. At the request for delivery of documents will be indicated the address of the recipient and the manner of the acts to be handed out. At the rogatory commissions will be indicated the circumstances in relation to which a sample is to be made and, when applicable, the questions to be asked to the persons to be heard. By rogatory commission, for the purposes of this Treaty, it is understood that judicial procedure by which a judge or prosecutor, as the case may be, requires the competent authority of the other contracting party to carry out, in its place, judicial acts which it considers necessary to prosecute or prosecute in a certain process with which it is referred. 3. The application for legal assistance and the attached acts shall bear the official stamp of the requesting competent authority. + Article 16 How to resolve the application 1. In the execution of a request for legal assistance, the requested competent authority shall apply the legislation of The requested competent authority may, at the request of the requesting competent authority, apply a special procedure, in so far as it does not contravene the law of its State. 2. If the requested authority is not competent to comply with the application, it shall send it, ex officio, to the competent authority, while at the same time it shall inform the requesting contracting party. 3. At the request of the requesting competent authority, the requested competent authority shall, in a timely manner, communicate to it the place and time period of the request for legal assistance in order that the interested party may assist. 4. If the address of the person to whom the request for legal aid refers is not known or if the address indicated has been found to be wrong, the requested competent authority shall take the appropriate measures for the purpose of determining the address. Where the establishment of the address is not possible, the requested competent authority shall notify the requesting competent authority. 5. After the application has been met, the requested competent authority shall send the relevant documents to the Where legal aid could not be granted, the requested competent authority shall return the acts to the requesting competent authority, while communicating the circumstances which prevented it from fulfilling the request. + Article 17 Delivery of documents The requested competent authority shall deliver the acts in accordance with the legal provisions in force in its territory. + Article 18 Proof of delivery of the documents The proof of delivery of the documents shall be drawn up in accordance with the rules of delivery in force of the territory of the requested Contracting Party. In any event, it must include the signature of the consignee, the stamp of the competent authority and the signature of the person empowered to hand the act, the manner, the place and If the recipient refuses to receive the act, mention will be made about the reason for the refusal. + Article 19 Tasks of diplomatic missions and consular posts Each Contracting Party may transmit or hand out judicial and extrajudicial acts and shall take testimony to its citizens who are in the territory of the other Contracting Party through diplomatic missions and offices. consular, provided that these citizens consent and are not subject to any measures of coercion. + Article 20 Expenditure related to legal aid 1. The contracting parties shall bear alone all expenses incurred by the granting of legal assistance on their territory, including the expenses made with the administration of evidence. 2. The requested competent authority shall communicate to the requesting competent authority the amount of expenditure If the requesting authority charges these expenses from the person liable to pay them, the amounts collected shall remain the responsibility of the contracting party whose authority has charged them. + Article 21 Refusal to grant legal assistance Legal assistance in civil matters may be refused, if the requested Contracting Party considers that it could be without prejudice to its fundamental principles. + Chapter 2 Official documents + Article 22 Validity of acts 1 1. Acts emanating from the competent authorities or other institutions of one of the contracting parties, as well as the acts under private signature, to which they give the date certain and attest to the authenticity of the signature, shall be valid on territory of the other Contracting Party without any other legalisation. This provision shall also apply with regard to extracts and copies thereof. 2. The acts referred to in paragraph 1 shall, in the territory of the other Contracting Party, be the same probative force as acts of the same kind of the latter Contracting Party. + Article 23 Transmission of civil status documents 1. The competent institutions of each Contracting Party shall transmit, upon request, free of charge, to the competent institutions of the other Contracting Party, certificates of civil status, drawn from the civil status registers, as well as certified copies of the judgments given by the courts, in matters of civil status, if these acts relate to the citizens of the requesting Contracting Party and are required in the official interest. 2. The transmission of the acts referred to in paragraph 1 shall be made through the ministries of justice of each Contracting Party. + Chapter 3 Common rules on private law + Section I Provisions on personal and family law + Article 24 Person capacity 1. The capacity of the natural person shall be established according to the law of the Contracting Party whose 2. The capacity of the legal person shall be established according to the law of the Contracting Party in whose + Article 25 Marriage termination 1. The form of the conclusion of the marriage is determined by the law of the Contracting Party on whose territory the 2. For the marriage ending at the diplomatic mission or the consular office, the form of the conclusion of the marriage is determined by the law of the contracting party to which the diplomatic mission or consular office belongs. 3. With regard to the substantive conditions required for the conclusion of the marriage, each of the future spouses shall be subject to the law of the Contracting Party of which + Article 26 Personal and patrimonial relations of spouses 1. The personal and patrimonial reports of the spouses are governed by the law of the contracting party whose citizens are. 2. If one of the spouses is a citizen of a Contracting Party and the other spouse is a citizen of the other Contracting Party, their personal and patrimonial relations shall be governed by the law of that Contracting Party in whose territory they have common residence. 3. If, in the case referred to in paragraph 2, one of the spouses resides in the territory of a Contracting Party and the other in the territory of the other Contracting Party, their personal and property relations shall be governed by the law of that Party contracting on whose territory they had their last common home. If the spouses did not have common domicile, the courts or other competent institutions of the two contracting parties, which apply the law of their state, are competent 4. Competence to decide on the legal relations provided for in paragraphs 1, 2 and 3 para. 1 belongs to the courts or other competent institutions of the contracting party whose law governs those relations. + Article 27 Divorce 1. In the event of divorce, if both spouses have the citizenship of a contracting party and live, at the time of the introduction of the divorce action, on the territory of the other contracting party, the law of the contracting party whose citizens are Jurisdiction belongs to the courts or other competent institutions of both Contracting Parties. 2. If, at the time of the introduction of the divorce proceedings, one of the spouses is a citizen of one of the Contracting Parties, and the other spouse is a citizen of the other Contracting Party and they reside, either both within the territory of the one on the territory of one Contracting Party and another in the territory of the other Contracting Party, shall be competent the courts of both Contracting Parties applying the law of + Article 28 Nullity 1. For the finding of invalidity or for the annulment of the marriage, the laws of the contracting party that, 25, are valid for marriage. 2. As regards jurisdictional jurisdiction, the provisions of art. 27. + Article 29 Subsidiary 1. In the cases concerning the establishment and contestation of the branch, the law of the contracting party whose citizen is the child If the child resides in the territory of the other Contracting Party, its law shall apply if it is more favourable to the 2. The settlement of the cases referred to in paragraph 1 shall belong to the competent authorities of the contracting party whose citizen is 3. If the applicant and the defendant reside in the territory of the same Contracting Party, the resolution of the cases shall also belong to the competent authorities of this Contracting Party. + Article 30 Legal relations between parents and children 1. Legal reports between parents and children shall be established according to the law of the contracting party whose citizen is the child. If the child resides in the territory of the other contracting party, the law of this party may be applicable, if it is more favourable to the interests of 2. Regarding the right to decide on legal relations, the provisions of art. 29 29 paragraphs 2 and 3 shall apply accordingly. + Article 31 Adoption 1. The substantive conditions required for the conclusion of the adoption are those established by the national law of the adopter and the one to be adopted. They must also meet the conditions that are mandatory for both, established by each of the two national laws shown. 2. The form of adoption shall be governed by the law of the Contracting Party in whose territory it ends 3. The effects of adoption and relations between the adopter and the adopted are governed by the national law of the adopter, and in the case of adoption consented by spouses the law governing, according to art. 26 the effects of their marriage. 4. The nulity of adoption is subject, for the substantive conditions, to the laws provided for in paragraph 1, and for non-compliance with the conditions of form, to the law provided in 5. The adoption procedure belongs to the competent authorities of the contracting party whose citizen is, at the date of adoption, the one to be adopted. Prohibition + Article 32 1. Cases and conditions for the prohibition of indiscriminate persons due to mental alienation or mental debility, as well as those for the lifting of this measure are subject to the law of the Contracting Party whose citizen is the person concerned. 2. Jurisdiction belongs, in so far as this Treaty does not provide otherwise, to the competent authorities of the Contracting Party whose citizen is the person to be placed under prohibition. + Article 33 1. Where it is necessary to prohibit a citizen of a Contracting Party, who has domicile, residence or property in the territory of the other Contracting Party, the competent authority of the latter Contracting Party immediately notify the competent authority according to art. 32 32 paragraph 2. 2. In cases that do not carry a postponement, the authority of the other contracting party may take provisional measures in accordance with its law, being obliged to inform immediately the competent authority according to art. 32 paragraph 2, to which copies of the acts concluded shall also be transmitted to them. The measures taken shall preserve their validity until the competent authority has taken another decision. + Article 34 1. The authority provided in art. 32 32 paragraph 2 may transmit to the authority of the other Contracting Party its competence concerning the prohibition, if the person to be placed under prohibition has domicile, residence or property in the territory of the latter Contracting Party. The prohibition jurisdiction shall be deemed to be transmitted when the requested authority has accepted that competence and shall inform the requesting authority thereof. 2. If the competent authority, notified according to art. 33 paragraph 1, does not communicate its reply within 3 months, counted from the date of dispatch of the notice, the jurisdiction in the matter of prohibition shall be full as the authority of the domicile or residence of the person to be placed under prohibition. 3. The authority that has become competent according to paragraphs 1 or 2 meets the measure of prohibition under the law of its state, but only if the reason determining the prohibition is also provided in the law of the party the contracting authority of which the person is However, on the question of the capacity of exercise, the law of the contracting party whose citizen is the person to be put under prohibition applies. 4. The prohibition decision, rendered according to paragraphs 1, 2 and 3, shall be transmitted in copy to the competent authority referred to in art. 32 32 paragraph 2. Guardianship and cleaning + Article 35 1. Cases and conditions for the establishment or abolition of guardianship or cleaning are those provided by the law of the contracting party whose citizen is the person to whom the guardianship or cleanse is established. 2. As regards the obligation of acceptance of guardianship or cleaning, the law of the Contracting Party whose citizen is the person to become a guardian or curator shall apply. 3. The legal relations between the guardian or the curator and the person to whom the guardianship has been established or the cleaning shall be established according to the law of the contracting party to which the competent authority which established the guardianship or the cleaning belongs 4 4. In the cases of guardianship and cleanliness concerning the citizens of the Contracting Parties are competent, in so far as this Treaty does not provide otherwise, the authorities of the Contracting Party whose citizen is the person to whom the guardianship is established or clean. 5. The citizen of one of the Contracting Parties may be appointed guardian or curator of the citizen of the other Contracting Party, if he resides in the territory of that Contracting Party on which the guardianship or the cleaning is to be exercised and if his appointment best corresponds to the interests of the person to whom the guardianship or cleaning has been established. + Article 36 Art. 33 and 34 paragraphs 1 and 2 shall also apply in the case of guardianship or cleaning. + Article 37 Authority that, according to art. 34 paragraphs 1 or 2, has become competent with regard to guardianship or cleanliness, meets these measures in accordance with the law of its State. However, in respect of the person's capacity, the law of the Contracting Party whose citizen is the person of whom the guardianship or the cleaning has been established shall apply. This authority shall not have the right to adopt decisions on matters concerning the personal status of the person who has been established guardianship or clean-up. + Article 38 Declaration of disappearance or death and date of death 1. For the judicial declaration of the disappearance or death of a person and for the establishment of the date of death are competent the courts of the contracting party whose citizen was that person on the date when, according to the latest news, there was in life. 2. By exception to the provisions of paragraph 1, the courts of a contracting party, at the request of persons residing in its territory, are competent to declare the disappearance or death or to determine the date of death a citizen of the other Contracting Party, if, according to the law of the requested Contracting Party, those persons are entitled to such action. 3. In the cases shown in paragraphs 1 and 2, the courts shall apply the law of their state. + Section II Provisions on successions + Article 39 Equality principle The citizens of one of the Contracting Parties shall be equal to the citizens of the other Contracting Party both in respect of the ability to acquire by inheritance or will property located in its territory or rights to be realized on this territory, and in respect of the ability to draw up, amend or revoke a will relating to such goods or rights. + Article 40 Applicable law 1. The right to succession on movable property is determined by the law of the contracting party whose citizen was, at the time of death, the author of the succession 2. The right to succession on immovable property is determined by the law of the contracting party on whose territory those goods are located 3. Successor's assets shall be considered movable or immovable in accordance with the law of the Contracting Party on whose territory they are located. + Article 41 Succession of holidays Where the succession is vacant, the movable property shall return to the Contracting Party whose citizen was, at the time of his death, the author of the succession and the immovable property of the Contracting Party on whose territory they are situated. + Article 42 Testament 1. The form of the preparation, modification and revocation of the will is that provided, at the date of its preparation, modification or revocation, by the law of the contracting party whose citizen was the deceased or by the law of the contracting party in whose territory these acts were made. 2. In respect of the ability to test, modify or revoke the will, as well as with regard to the legal consequences of defects of will, the law of the contracting party of which the citizen was deceased at the date of preparation, amendment or revocation of the will. After the same law, the types of testamentary provisions that are admitted are also established. + Article 43 Competence 1. The opening of the succession, the succession procedure, as well as the succession disputes concerning movable property are within the competence of the authorities of the contracting party whose citizen was the deceased at the time of death, apart from the case in which it is made application of paragraph 3. 2. The opening of the succession, the succession procedure, as well as the succession disputes concerning the immovable property are within the competence of the contracting party authorities in whose territory these assets are located 3. If all successful movable property, remaining from the citizen of one of the Contracting Parties, is located in the territory of the other Contracting Party and if all successors agree, at the request of any successor or other person which has rights or claims to the succession, the competence of the authorities of this Contracting Party. + Article 44 Communication of death cases 1. If the citizen of a Contracting Party dies in the territory of the other Contracting Party, the competent authority of this Contracting Party shall immediately notify the diplomatic mission or consular office of the other Contracting Parties, while communicating to him everything he knows about their successors, domicile or residence, the succession mass and the value of the succession, as well as on the will, if any. This provision shall also apply where the competent authority of a Contracting Party is informed that the citizen of the other Contracting Party, who died in the territory of a third State, has left property on its territory. 2. The diplomatic mission or consular office holding data on a death that occurred under the conditions referred to in paragraph 1, as well as the succession, shall communicate that data to the competent authority so that it may take the necessary measures to preserve the succession. 3. If in the territory of one of the Contracting Parties the opening of the succession takes place and are given that there are successors, citizens of the other Contracting Party, the competent authority shall notify the diplomatic mission or the consular office of this Contracting Party. + Article 45 Rights of diplomatic missions and consular posts In the cases of succession existing in the territory of a Contracting Party, the diplomatic mission or consular office of the other Contracting Party shall be entitled, without a special mandate, where its citizens are absent and have not designated a new trustee, to take all measures for them to be represented before any authority. + Article 46 Measures to preserve the succession 1. The competent authorities of each Contracting Party shall immediately, in accordance with the law of their State, take the necessary measures for the preservation or administration of the remaining estate in their territory following the death of a citizen of the other Contracting Party or which would return to a citizen of this Contracting Party. 2. They shall inform without delay the diplomatic mission or consular office of the other Contracting Party about the measures taken according to paragraph 1. The diplomatic mission or consular office may participate, directly or through the trustee, in carrying out these measures. On the proposal of the diplomatic mission or consular office, the measures taken according to paragraph 1 will be able to be changed or cancelled, and those to be taken can be postponed. 3. competent authority according to art. 43 paragraph 1 may require that the measures taken pursuant to paragraph 1 be lifted. + Article 47 Opening the will 1. The opening of the will is in the attribution of the competent authority of the contracting party on the territory of which the Certified copy of the will and the minutes relating to the opening, status and content of the will, as well as the original of the will, if required, shall be transmitted to the competent authority of the other Contracting Party, if the deceased has a former citizen of the latter or if an authority of that Contracting Party is competent to carry out the succession procedure. 3. The competent authority of the contracting party whose citizen was the testator at the time of death and who has in keeping the will shall, upon request, submit to the competent authority with the taking of the succession conservation measures a certified copy of Will. + Article 48 Surrender of succession 1. The movable property or the amounts of money obtained from the sale of movable or immovable property, located in the territory of one of the Contracting Parties and which are due to heirs, citizens of the other Contracting Party, having domicile or residence in the territory of the latter Contracting Party or on the territory of a third State, shall be surrendered, after the completion of the succession procedure, to these heirs. If they do not present themselves personally or through the trustee to take over the above-mentioned goods or monies, they will be handed over to the diplomatic mission or consular office of the contracting party whose citizens are the heirs. 2. In the cases referred to in paragraph 1 the surrender shall be carried out if a) the inheritance taxes and fees have been paid or insured; b) the claims of the creditors of the deceased and any other claims in connection with the succession, made within the period provided by the law of the contracting party on whose territory the goods or amounts mentioned above are located, have been satisfied or insured; c) the competent authorities have given approval, which may be necessary, for the export of movable property or for the transfer of money. 3. If the citizen of a contracting party dies during the journey on the territory of the other contracting party, where he did not have his domicile or residence, the objects he had on him to surrender, without any other procedure, to the diplomatic mission or the consular office of the Contracting Party of which it was a citizen. + Section III Tort civil liability + Article 49 1. The tort civil liability shall be established according to the law of the Contracting Party on whose territory the act causing injury was committed. 2. If both the person who caused the damage and the person who suffered the damage are citizens of the same contracting party and reside in its territory, the law of this contracting party shall apply. 3. In the cases concerning the obligations arising from civil offences, the jurisdiction belongs to the competent authorities of the contracting party on whose territory the act causing damage has been committed or on whose territory the defendant is domiciled. + Chapter 4 Recognition and enforcement of judgments + Article 50 Subject to recognition and enforcement 1. Each Contracting Party shall recognize and approve the execution, in its territory, under the conditions provided for in this Treaty, of the decisions rendered in the territory of the other Contracting Party. 2. In the meaning of paragraph 1 by judgments it is understood: a) decisions in civil, patrimonial and non-patrimonial cases, handed down by courts or other competent institutions; b) the judicial decisions rendered in criminal cases, regarding the indemnity obligation for damages caused; c) court decisions relating to costs; d) arbitral decisions. 3. For the purposes of this Treaty, the term of judgment also includes judicial transactions. + Article 51 Conditions of recognition and enforcement of judgments The decisions shall be recognised and executed if the following conditions are met: a) if they are final and likely to be executed according to the law of the Contracting Party on whose territory they were pronounced In the matter of the maintenance obligation, provisional decisions are also recognised, if they are enforceable in the home state; b) if the exclusive competence of the authority of the contracting party has not been infringed in the territory of which the recognition or enforcement is c) if the person bound by the judgment, who did not attend the trial, was handed the citation and the document instituting the court in a timely manner and in accordance with the law of the contracting party on whose territory the judgment was delivered, and in the case in which it had no exercise capacity, was given the opportunity to be represented in the process; d) if between the same parties, with regard to the same object and for the same facts, a decision has not been made in advance or is not in the course of judgment an action previously filed in the territory of the contracting party where it is to be recognized or to approve the execution of the judgment; e) if, in cases where the law of the other contracting party must be applied, it follows from the judgment that this law has not been applied. However, recognition cannot be refused only for the sole reason that the ruling court has applied another law, apart from situations where the process concerns a person's condition and capacity, and the solution adopted differs from that. to which it would have been appropriate to the applicable law; f) if by the recognition or consent of the execution of the judgment there is no prejudice to the public order of the contracting party in whose territory it is to be recognized or to approve the execution of the judgment. + Article 52 Application for recognition and declaration of enforceability 1. The application for recognition and consent of the execution shall be filed with the court that ruled in the first instance in that case. This request will be sent to the authority of the other state, the competence to approve the execution. The application may also be submitted directly to that authority. 2. On request will be attached: a) the full text of the judgment, as well as a certificate that the judgment has remained final and is liable for execution, if it does not result from the judgment; b) original documents or certified copies thereof, showing that the person obliged by decision, who did not take part in the trial, was handed, at least once, on time and in due form, the citation. 3. At the request for the consent of the forced execution, in the case of judgments on costs, a certified copy of the judgment and a certificate showing that the decision is final and enforceable shall be attached. + Article 53 Procedure for recognition and declaration of enforceability 1. The judgments handed down in the territory of a Contracting Party relating to the civil status of its own citizens shall be fully recognized as in the territory of the other Contracting Party or if, having been rendered in a third State, they have been recognized first in the state of citizenship of each party. 2. Decisions relating to processes other than those shown in paragraph 1 may be recognized if the conditions laid down in art. 50 50 and 51. 3. The enforceability of the execution of the patrimonial decisions is the jurisdiction of the courts of the contracting party on whose territory the execution is to be carried out. 4. The procedure for the approval of the execution, as well as the forced execution shall be carried out according to the law of the contracting party on whose territory 5. If the judgment contains solutions on several heads of application, which are dissociable, the recognition or consent of the execution may be granted separately. 6. Any objection to enforcement will be resolved by the court that has approved the execution. 7. In the face of the court that carries out the forced execution, the debtor can only raise those exceptions that can be invoked according to the law of the contracting party on the territory of which the decision was pronounced 8. Prior to the resolution of the application for enforceability, the court, if it considers necessary, may ask the parties in the process to submit in writing certain clarifications or to complete the application for execution. It can also ask for further clarification from the court that handed down the ruling. + Article 54 Effects of recognition and enforcement Definitive decisions, once recognised or admitted to be executed, shall have the same effect as those given by the competent authorities of the requested contracting party. + Article 55 Expenditure on recognition and enforcement 1. The establishment and collection of expenses related to the consent of the execution and the enforcement itself shall be ordered by the court requested according to the law of its state. These expenses include those related to the certification of documents. 2. The party that benefited, before the court that delivered the judgment, the facilitations provided by art. 5 5 paragraph 1 of this Treaty will benefit from the same facilitations under the procedure of enforceability and enforcement, carried out in the territory of the other Contracting Party. + Article 56 Enforcement of judgments on costs If one of the parties in the trial, exempt from bail according to art. 4 4 of this Treaty, was bound by a final judgment to pay the other contracting party costs, the competent court of the territory of the other contracting party shall approve, upon request, free of charge, the execution these expenses. + Article 57 Recognition and enforcement of arbitral decisions The two Contracting Parties, in accordance with the provisions of the Convention on the Recognition and Enforcement of Foreign Arbitral Decisions, concluded in New York on June 10, 1958, will recognize and execute the arbitral decisions given on the territory of Other Contracting Parties + Part III Criminal cases + Chapter 1 Legal aid + Article 58 Subject to legal Legal assistance in criminal matters includes: handing out judicial and extrajudicial acts, making statements to accused and defendants, hearing witnesses and experts, conducting surveys, searches, on-the-ground research, predations of justice. material samples, as well as other procedural activities related to the administration of samples. + Article 59 Application for legal aid The application for legal assistance in criminal cases must include, in addition to the data provided in art. 15, and the brief description of the facts and their legal framing. + Article 60 Execution of applications and information on their performance Art. 16, 17 and 18 shall also apply in criminal cases. + Article 61 Communication of sentencing decisions The Contracting Parties shall communicate on a semi-annual basis data on final criminal decisions, delivered by the courts of a Contracting Party against the citizens of the other This provision shall also apply with regard to the subsequent amendments to be made in connection with the said decisions. + Article 62 Information from the criminal record At the request of the competent authorities of a Contracting Party, information shall be transmitted free of charge from the criminal record of persons pursued or subject to criminal proceedings in the territory of the requesting Contracting Party. + Article 63 Refusal of legal aid in criminal cases 1. Legal assistance may be refused if: a) the application refers either to offences considered by the contracting party requested as political offences or related offences to such offences, or to military offences; b) the requested contracting party considers that the execution of the request for legal assistance is likely to prejudice the sovereignty, security or public order; c) according to the law of the requested contracting party, the act or facts invoked in the application do not 2. The requested contracting party shall communicate to the requesting party the reasons for the refusal of legal assistance + Chapter 2 Extradition + Article 64 Extradition obligation 1. The contracting parties undertake to extradite, reciprocally, upon request, under the conditions of this Treaty, persons in their territory, in order to be held criminally liable or for the execution of the sentence. 2. Extradition shall be admitted only if the act which is subject to the request for extradition constitutes a criminal offence, according to the laws of both 3 3. Extradation, in order to pursue or prosecute, is admitted only for acts whose commission draws, according to the laws of both Contracting Parties, a custodial sentence of more than one year, and when required for execution punishment, only if the sentence handed down is more than 6 months. 4. The consideration of the offence as punishable by the laws of both Contracting Parties is not subject to the fact that the laws of the Contracting Parties enter the act in the same category of offences or refer it to the same terminology 5. If the request for extradition refers to two or more offences sanctioned with a custodial sentence by the laws of both Contracting Parties, even if only one of them corresponds to the conditions laid down in paragraph 3 concerning the duration of punishment, extradition can also be admitted for other crimes. + Article 65 Refusal of extradition 1. The contracting parties do not extradite their own citizens. 2. Extradation will also be refused, if: a) the offence was committed in the territory of the requested Contracting Party; b) the offence was committed outside the territory of the requesting contracting party, and the law of the requested contracting party does not allow the exercise of criminal action for such crimes committed outside its territory or does not admit extradition for the offence subject to the extradition request; c) according to the law of one of the contracting parties, the crime for which extradition is requested is amnesty or the criminal action cannot be exercised or the judgment cannot be enforced as a result of the fulfillment of the limitation period or for another legal basis; d) the person whose extradition is required has been sent to trial or has been tried for the same crime or if in the case an order or decision to terminate the criminal proceedings has been given, on the territory of the requested contracting party; e) according to the law of both parties, the criminal action can only be set in motion at the prior complaint of the injured party; f) the offence is considered by the contracting party requested as a political offence or as a related offence to such a crime; g) the requested contracting party has serious grounds to believe that the extradition request was presented in order to pursue or punish a person for reasons of race, religion, sex, nationality, ethnic origin or political opinions or as the situation of this person is likely to be aggravated for one or another of these reasons; h) is required for a military offence. + Article 66 Tax offences 1 1. In matters of taxes, taxes, customs and foreign exchange, extradition will be granted between the contracting parties, according to the provisions of this Treaty, for acts corresponding, according to the law of the requested contracting party, to a crime of same nature. 2. Extradation shall not be refused on the grounds that the law of the requested Contracting Party does not provide for the same duty and tax regime or does not contain the same type of tax regulation, customs or foreign exchange as the law of the party Requesting contracting. + Article 67 Acts-Annex to the extradition request The extradition request shall be annexed to: a) the original or certified copy of the arrest warrant or any other act having the same force, issued in the form provided by the law of the requesting Contracting Party, and at the request for extradition for the execution of the sentence, the certified copy of the the final decision; b) an exposure of the facts for which the extradition is requested, the time and place of the crime, the qualification of the crime and references to the legal provisions applicable to it, as well as data on the duration of the sentence executed until then; if material damage has been caused by the offence, the determined or approximate amount of them will be mentioned; c) the copy of the texts of the requesting Contracting Party, applicable or applied in that case; d) to the extent possible, data on the person whose extradition is required, her nationality, her domicile or residence, as well as the description of the physiognomy, photographs and fingerprints. + Article 68 Additional data 1. If the data received from the requesting Contracting Party are not sufficient for the consideration of the extradition request, the requested Contracting Party may request their completion. It may set a time limit which will not exceed 2 months for the submission of additional data. This period may be extended, at the reasoned request of the requesting Contracting Party, for another 15 days. 2. If the person to whom the request refers has been arrested, and the requesting contracting party does not send within the deadline set the required data, the requested contracting party may release that person. + Article 69 Arrest for extradition 1. After receiving the request for extradition, the requested contracting party shall take without delay measures for the arrest of the person whose extradition is requested, except in cases where, according to the present treaty, extradition cannot take place. 2. In case of emergency, the arrest may also take place before the request for extradition is received, if an intervention has been received in this regard from the requesting contracting party. The intervention will include, as the case may be, the arrest warrant or the preventive arrest provision or the final decision given against that person and the mention that the extradition request will be transmitted later. The intervention for arrest may be made by Interpol, by post, telegraph, telex, fax or by any other means that leaves the written mark or is admitted by the requested contracting party. The requesting authority shall be informed as soon as possible of the course of its request. 3. The person arrested in application of the provisions of paragraph 2 can be released if, within one month from the date of sending the notice, the request for extradition is not received. This period may be extended by 15 days at the reasoned request of the requesting Contracting Party. However, the provisional release shall always be possible, provided that the contracting party sought to take any action it considers necessary to avoid the person absconding. 4. Putting at liberty does not prevent a new arrest and extradition, if the request for extradition subsequently comes. + Article 70 Postponement of extradition If the person whose extradition is required is indicted in a pending criminal trial or if convicted of a crime other than that in connection with which extradition is sought, in the territory of the requested Contracting Party, extradition may be deferred until the end of the criminal proceedings, pending the full execution of the sentence or until the final release before the expiry of its duration. + Article 71 Temporary extradition 1. If the postponement of the extradition provided in art. 70 of this Treaty could entail the fulfilment of the limitation period of criminal action or could cause serious damage to the establishment of the facts, the person whose extradition is required can be temporarily extradited, on the basis of a reasoned requests. 2. The temporarily extradited person will be sent back, immediately after performing the procedural documents for which he was extradited. + Article 72 Surrender 1. The requested Contracting Party shall make known to the requesting Contracting Party its decision on extradition. 2. In case of acceptance, the requested contracting party is obliged to communicate to the requesting party the place and the date of surrender, as well as the duration of detention executed for extradition by the person concerned. 3. If the requesting Contracting Party does not take in receipt the person on the date fixed for the handover and if a postponement has not been requested, it may be released at the expiry of a period of 15 days, calculated from the date set for the handover. The requested Contracting Party may refuse extradition for the same act. + Article 73 Transmitting objects 1. The Contracting Parties shall undertake to transmit to each other upon request: a) the objects and values that were procured by the offender through the crime that attracted extradition; b) objects that may be of importance as evidence in the criminal case for which extradition has been requested. 2. The objects and values referred to in paragraph 1 shall be transmitted even if the extradition of the offender cannot be made due to his death, evading from judgment or other reasons. 3. If the requested objects are necessary for the contracting party requested as evidence in another criminal case, their transmission may be postponed until the end of the process in question or be handed over provided they are returned. 4. The rights of the requested Contracting Party or of third parties on the required objects shall remain Objects on which such rights exist shall be returned to the requested contracting party, after the end of the procedure, as soon as possible and without expenditure. + Article 74 Repetition of extradition If the extradited person evades the prosecution or the judgment or the execution of the sentence and returns voluntarily to the territory of the requested Contracting Party, she will be able to be extradited again, upon the written request of the Contracting Party. applicants, without the need to present the acts provided for in art. 67. + Article 75 Extradition requests received from several States If the extradition is requested concurrently by several States either for the same act or for different facts, the requested Contracting Party shall act in the light of all the circumstances and, in particular, of the seriousness and place of the offences, of the date those requests, the nationality of the person required and the possibility of subsequent extradition to another State. + Article 76 Limits of prosecution against the extradited person 1. The extradited person will not be able to be pursued, tried or held for the execution of a sentence or subject to a restriction of his individual freedom, for a crime previously committed to surrender, other than that for which he was requested the extradition, or cannot be reextradited to a third State, except in the following cases: a) the state that taught it consents. For this purpose an application will have to be submitted, accompanied by the acts provided by art. 67 67 and a report concluded by the competent authority containing the statements of the extradition. This consent can be given if the offence for which it is required trains the extradition obligation itself; b) although he had the possibility, the extradited person did not leave the territory of the requesting contracting party within one month after the end of the criminal proceedings, and in the case of conviction, from the execution of the sentence or if returned to the territory of this Parts. The time during which the extradited person was not able to leave the territory of the requesting Contracting Party for reasons beyond his or her will shall not be counted. 2. If the qualification given to the offence is amended in the course of the trial, the person extradited shall not be pursued or judged unless the constituent elements of the offence, in the new qualification, allow the extradition. + Article 77 Information on the outcome of the criminal proceedings The Contracting Parties shall inform each other of the outcome of the criminal proceedings against the person extradited. If a final ruling has been handed down against this person, the copy of this decision will also be transmitted. + Article 78 Transiting 1. Each of the Contracting Parties shall authorise, at the request of the other Contracting Party, transport within its territory of persons extradited to the other Contracting Party by a third State. This provision will not apply if, according to the provisions of this Treaty, there is no obligation to extradite. 2. The application for transit authorization shall be submitted and resolved by the same rules as the extradition request. + Article 79 Extradition and transit expenses 1. The extradition expenses will be borne by the contracting party on the territory of which they were carried out. 2. The transit expenses will be borne by the requesting contracting party. + Article 80 How to link In the problems of extradition and transit, the central bodies of the two contracting parties, referred to in art. 8 8 of this Treaty, communicate directly with each other. + Chapter 3 Transfer of prosecution + Article 81 Obligation to start a criminal action Each Contracting Party, at the request of the other Contracting Party, shall, in accordance with its own law, start criminal proceedings against a citizen of his, if there is sufficient data to have committed, in the territory of the other Party contracting, a deed which is provided as a crime by the laws of both Contracting Parties. + Article 82 Application for transmission 1. The request for transmission of criminal prosecution shall be made in writing. 2. On request shall be attached an information containing data on the act committed, its legal qualification, as well as all the existing evidence regarding the commission of the crime, and as far as possible, the data provided in art. 67. + Article 83 Information on process resolution The contracting party whose citizen is the person pursued will notify the other contracting party about the outcome of the criminal proceedings, and if a final ruling would intervene, he will also send the copy on it. + Chapter 4 Transfer of convicted persons + Article 84 General principles 1. The Contracting Parties shall, under the terms of this Treaty, undertake to cooperate in the transfer of convicted persons. 2. The person convicted in the territory of one of the Contracting Parties may, under the conditions provided by this Treaty, be transferred to the territory of the other Contracting Party, for the execution of the custodial sentence to which he was doomed. For this purpose, the convicted person may express his wish to be transferred, on the basis of this Treaty, by addressing either the competent authorities of the state of conviction or those of the state of execution. 3. The transfer may be requested either by the state of conviction or by the state of execution. + Article 85 Transfer conditions The transfer may take place: a) if the convict is a citizen of the state of execution; b) if the judgment of conviction is final and enforceable; c) if the duration of the custodial sentence, which the convict still has to execute on the date of the transfer request, is at least 6 months. In exceptional cases, the contracting parties may agree on the transfer, where the duration of the remaining sentence of execution is less than 6 months; d) if his or her convict, when, for reasons of age or physical condition or mental state, one of the contracting parties considers it necessary, his legal representative consents to the transfer; e) if the act for which the conviction was ruled constitutes a crime according to the law of the contracting party whose citizen is the one convicted; f) if both Contracting Parties have agreed on the transfer. + Article 86 Communication of information 1. The competent authorities of the state of conviction shall inform any convict, citizen of the other state, the possibility to obtain, under the conditions provided by this Treaty, his transfer in order to execute the sentence in the State of The citizen is 2. If the convict expresses, in addition to the state of conviction, the desire to be transferred, this state must inform the state of execution, as soon as possible, after the ruling has remained final. 3. The information shall include: a) name, date and place of birth of the convict; b) where possible, his address in the state of execution; c) an exposure of the facts that led to the conviction; d) nature, duration and date when the execution of the sentence began. 4. If the convict expresses in addition to the state of execution the wish to be transferred, the state of conviction shall communicate to this state, at his request, the information referred to in paragraph 3. 5. The convict must be informed in writing of any decision taken by one of the two states in connection with the transfer request. + Article 87 The request for transfer and the attached documents 1. The transfer request must be made in writing. 2. The application shall be annexed to: a) an act stating that the convicted person is a citizen of the state of execution; b) the copy of the legal texts from which it follows that the facts that led to the conviction of the person to be transferred constitute crimes in terms of the law of the state of execution; c) the certified copy of the judgment of conviction, with the mention that it is final, as well as the copy of the laws applied in that case; d) acts resulting in the duration of the sentence already executed and of the preventive arrest, as well as the duration of the sentence to be executed; e) a declaration of consent to the transfer; f) other acts, if the competent authority of the state of conviction considers it necessary to communicate them 3. If one of the two states considers it necessary, it may request additional acts or data. + Article 88 Consent to transfer 1. The convict must give his consent to the transfer willingly and in full knowledge of the legal consequences arising therefrom. The procedure is that provided by the state of sentencing law. 2. The state of conviction must give the state of execution the possibility of verification, through a consular official, if the consent to the transfer has been given in compliance with the conditions provided for in paragraph 1. + Article 89 How to link In the problems of handing over the convicts, in order to execute the sentences, the ministries of justice of the two contracting parties communicate directly with each other. + Article 90 Communication of the application The requested Contracting Party shall inform the requesting Contracting Party, in writing, as soon as possible, of the agreement or refusal of the requested transfer. + Article 91 Surrender of convict If the transfer proposal is accepted, the competent authorities of the two Contracting Parties shall immediately agree on the place, date and arrangements for the transfer of the convicted person. + Article 92 Execution of the sentence 1. The punishment is executed on the basis of the judgment delivered by the court of the state of 2. However, the competent court of the state of execution decides, by court decision, on the modality of implementing the judgment rendered in the state of conviction. 3. If the nature or duration of the sentence handed down in the state of conviction does not correspond to the law of the state of execution, the latter state, by judicial decision, can adapt it to the punishment provided by its own law for crimes of the same nature. This punishment will be as appropriate as possible to the sentence imposed by the sentencing ruling. By nature or by its duration, this punishment cannot aggravate the one handed down in the state of conviction nor exceed the maximum provided by the law of the state of execution. 4. The part of the sentence that was executed in the state of conviction shall be deducted from the duration of the sentence established by the court of the state of execution, if the penalties are of the same kind If the court establishes a sentence of a different kind than that applied by the judgment of conviction, the sentence shall be taken into account in determining the nature and duration of the sentence. 5. The complimentary punishment, delivered by the judgment of conviction, shall be executed in so far as it is provided for in the law of the contracting party whose citizen is the one convicted and has not been executed in the state of conviction. 6. A copy of the judgment delivered by the court of execution shall be communicated to the competent authority of the other State. + Article 93 Applicable law 1. The execution of the sentence is made according to the law of the state of execution, which is the only competent to take 2. The state of conviction is the only competent to reexamine the judgment of conviction by judicial remedies. 3. Each Contracting Party may grant a pardon or amnesty, according to its law. + Article 94 Cease and The state of conviction informs the state of execution in connection with any decision or measure that has the effect of removing the enforceability of the sentence. In this case, the execution state must cease the execution of the sentence. + Article 95 Information on execution of sentence The executing State shall inform the State of conviction of the execution of the sentence a) at the end of the sentence b) in case of escape of the convict; c) if the state of conviction requests information in relation to the execution of the sentence. + Article 96 Transiting 1. Each Contracting Party shall authorise, upon request, the transit transport within its territory of the citizens of the other Contracting Party, transferred for the execution of the sentence by a third State in the State whose citizens are. 2. The application for the authorization of transit shall be formulated and resolved according to the provisions of this Treaty, regarding the transfer of convicted persons. + Article 97 Transfer expenses The expenses occasioned by the transfer of convicted persons shall be borne by the State of execution, with the exception of the expenses occasioned exclusively on the territory of the + Part A V-A Final provisions + Article 98 Dispute resolution Any dispute arising from the application of this Treaty shall be resolved by diplomatic means. + Article 99 Ratification and entry into force of the Treaty This Treaty shall be subject to ratification and shall enter into force on the 30th day after the date of exchange of the instruments of ratification. + Article 100 Treaty validity This Treaty shall be concluded for an unlimited duration. Each of the two Contracting Parties may denounce it by written notice. The denunciation will take effect after the date of notification. Concluded in Chisinau on 6 July 1996, in two original copies, both texts having the same validity. As for which the plenipotentiaries of the Contracting Parties signed this Treaty and applied their seals. For Romania, Teodor Viorel Melescanu For the Republic of Moldova Mihai Popov ---------------