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Law No. 183 Of 12 November 1997 On The Ratification Of The European Convention For The Suppression Of Crime, Done At Strasbourg On 30 November 1964

Original Language Title:  LEGE nr. 183 din 12 noiembrie 1997 privind ratificarea Convenţiei europene pentru reprimarea infracţiunilor rutiere, adoptată la Strasbourg la 30 noiembrie 1964

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LEGE no. 183 183 of 12 November 1997 on the ratification of the European Convention for the repression of road offences, adopted in Strasbourg on 30 November 1964
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 316 316 of 18 November 1997



The Romanian Parliament adopts this law + Article UNIC The European Convention for the Suppression of Road Crimes, adopted at the Council of Europe, in Strasbourg on 30 November 1964, is ratified. This law was adopted by the Senate at the meeting of September 25, 1997, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. SENATE PRESIDENT PETRE ROMAN This law was adopted by the Chamber of Deputies at the meeting of October 20, 1997, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT ANDREI IOAN CHILIMAN + EUROPEAN CONVENTION for the repression of traffic offences *) -Strasbourg, 30 November 1964- ---------- Note * *) Translation. PREAMBUL Member States of the Council of Europe, signatories to this Convention, taking into account the increased movement of vehicles between the European States and the danger posed by the violation of the rules ensuring the safety of road users, considering that the purpose of the Council of Europe is to achieve a closer union between its members, convinced of the need for their cooperation in order to increase the efficiency of the repression of road offences committed in their territory, agreed the following: + Title I Fundamental principles + Article 1 1. If a person who habitually resides in the territory of a Contracting Party commits a traffic offence in the territory of another Contracting Party, the State in whose territory the offence was committed will be able to or, if the law Domestic requires it, it will have to ask the state of residence to carry out the pursuit, if it will not do it itself or if, by performing it itself, it will appreciate that it is impossible to continue it until the final decision or full execution of the sanction. 2. When a court decision or administrative decision, rendered enforceable after the offender defended his defence, was handed down in the state of commission of the offence, this state will be able to request the state of residence to proceed to the execution of this judgment or that decision. 3. The State of residence shall comply with the request for carrying out the pursuit or execution under the conditions set out below. However, the execution of the decisions taken in absentia will not + Article 2 1. The road infraction that will represent the reason for the request for tracking or execution provided for in art. 1 will have to be punished both by the state law in which the crime was committed and by the law of the state of residence. 2. For the purposes of carrying out the pursuit or execution of the judgment, the right of the state of residence will be applicable, with the stipulation that it will be taken into account only the traffic rules in force from the place + Title II Tracking in the state of residence + Article 3 At the request of the state in which the crime was committed, the authorities of the state of residence will be competent to carry out the pursuit of road crimes committed on the territory + Article 4 The competent authorities of the State of residence shall examine the follow-up request addressed to them in accordance with art. 1 1 and 2. They will determine, according to their own legislation, how to resolve the application. + Article 5 1. If the state in which the crime was committed will address the request for prosecution provided for in art. 1 1, he will no longer be able to follow the author of the crime nor to execute a decision handed down against the latter. 2. He will be able to resume following or executing: a) if the State of residence does not make it known to the State in which the offence was committed that he did not take measures to execute the application; b) if, for reasons of which he was subsequently aware of the application, he will notify the State of residence of the withdrawal of his application before the start of judicial proceedings in the first instance or before the delivery of an administrative decision in residence. + Article 6 1. The request for tracking shall mention the date on which this procedure was requested by the competent authority. In the state where the crime was committed, the prescription of the right to action will be interrupted on this date. The term of this prescription will begin to run in its entirety, starting with the date of notification stating that the application will not be followed or that the application provided for in art. 5 5 paragraph 2 para. a) and b) and at the latest within 6 months from the date of the application for follow-up. 2. The limitation period of the right to action in the state of residence shall flow from the date of receipt of the tracking request. If a complaint of the victim is required in this state for the pursuit of the pursuit, the deadline for filing this complaint will begin to run from the date of receipt of the tracking request + Article 7 The documents drawn up by the judicial and administrative authorities of the state in which the crime was committed will have the same legal value in the state of residence as those prepared by the authorities of the latter state and vice versa. + Title III Execution in the State of Residence + Article 8 The authorities of the state of residence will be competent to execute, at the request of the state where the crime was committed, the decisions provided in art. 1 1 paragraph 2. The execution of the decisions will take place according to the law of the state of residence, after verifying the authenticity of the application and its conformity with the conditions fixed by The State of residence will be competent in the matter of parole. The right of pardon will be able to be exercised by both the state of residence and the one in which the crime was committed. + Article 9 1. The execution of the judgment will not take place in the state of residence: a) if the offender is the subject of a final decision in that State for the same facts; b) if the prescription of punishment is fulfilled according to the law of the state where the crime or law of the state of residence was committed; c) if the author of the crime benefits from amnesty or pardon in the state of residence or in the state where the crime was committed. 2. The State of residence shall be able to refuse the execution of the judgment: a) if the competent authorities of that State have decided not to carry out the pursuit or to end the pursuit which they have carried out for the same facts; b) if the facts which determined the conviction are the subject of the prosecution in this State c) to the extent that that State considers such enforcement to be detrimental to the fundamental principles of its legal order or to be incompatible with the principles governing the application of its criminal law, in particular if, owing to His age, the author of the crime could not be convicted in this state. + Article 10 When the application referred to art. 1 paragraph 2 will have as its object the execution of a sentence, other than fine, the state of residence will replace, if necessary, the punishment given in the state where the crime was committed with the punishment provided by the law of the state of residence for a Analogous offence This punishment will correspond, as far as possible, to its nature, to that established by the decision to be executed. It will not be able to exceed the maximum provided by the law of the state of residence, nor will it be able to aggravate by nature or its duration the sentence handed down in the state where the crime was committed. By establishing the sanction, the competent authorities of the State of residence will also be able to take into account the usual ways of executing the sentence in this State. + Article 11 When the application for execution will have as its object the payment of a fine, the state of residence will proceed with its collection under the conditions provided by its law, until the maximum competition established by this law for an analogous offence or, in absentia the legal maximum, up to the competition of the amount commonly imposed as a fine in the state of residence for such a crime. + Article 12 In case of non-payment of the fine, the state of residence shall apply, at the request of the state in which the offence was committed, the measures of coercion or replacement provided for by its legislation. The State of residence will not be able to execute a measure of coercion or replacement established by a decision rendered in the state where the offence was committed and which involves a deprivation of liberty unless the state in which the offence was committed. expressly request. + Article 13 The state in which the offence was committed will no longer be able to apply any of the enforcement measures requested, except in cases where a refusal or impossibility of enforcement of the decision by the State of residence has been notified to it. + Title IV General provisions + Article 14 1. Applications provided for in art. 1 of this Convention shall be made in writing. 2. The request for tracking will be accompanied by the original or a copy authenticated from all the minutes, from the sketches, photographs and from other documents concerning the instruction, as well as a copy of the legal provisions applicable in the present case the state where the offence was committed. The copies on the criminal record, the legal provisions relating to the prescription, the acts that interrupted it as the presentation of the facts that interrupted the prescription will also be attached. 3. The request for execution will be accompanied by the original or a copy authenticated from the decision of which the enforceable character will be certified in the forms provided by the law of the state in which the crime was committed. If the decision to be executed replaces another, without reproducing the exposure of the facts, an authenticated copy of the decision containing this statement of the facts will be attached. + Article 15 1. The request will be addressed by the ministry of justice of the state in which the crime of the justice ministry of the state of residence was committed. The answer will be sent the same way. 2. The communications necessary for the application of this Convention shall be transmitted either by the manner indicated in paragraph 1 of this Article or directly between the authorities of the Contracting Parties. 3. In case of emergency, the communications referred to in paragraph 2 of this article will be able to be transmitted through the International Criminal Police Organization (INTERPOL). 4. Each Contracting Party shall be able, by a declaration addressed to the Secretary-General of the Council of Europe, to make known that it intends to derogate from the rules of transmission provided for in paragraphs 1 and 2 of this Article. + Article 16 If the State of residence considers that the information provided by the State in which the offence was committed is insufficient to allow it to be applied to this Convention, this State shall request the completion of the necessary information. He will be able to set a deadline for obtaining this information. + Article 17 The Contracting Parties shall extend the judicial assistance, which they shall grant in criminal matters, to the measures necessary for the execution of this Convention, in particular with regard to the transmission of documents drawn up by the Administrative notification of a payment order, this last measure not being considered as an enforcement measure. + Article 18 The State of residence shall inform without delay the State in which the offence was committed in relation to the manner of settlement of the application for pursuit or enforcement. He will draw up, in both cases, a document certifying the execution of the sentence and, in addition, in the case of tracking, a copy authenticated from the final decision. + Article 19 1. The translation of the applications for tracking and execution and of the attached parts, as well as that of any other documents relating to the application of this Convention, subject to the provisions of paragraph 2 of this Article, shall not be requested. 2. Each Contracting Party may, at the time of signature or deposit of the instrument of ratification, acceptance or accession, by a declaration addressed to the Secretary-General of the Council of Europe, reserve the right to request that applications and the attached parts shall be addressed to her either by a translation in her own language or by a translation in one of the official languages of the Council of Europe or in one of the languages which she will indicate. The other contracting parties will be able to invoke the lack of 3 3. This Article shall be without prejudice to the provisions relating to the translation of the applications and parts annexed, contained in the agreements or commitments in force, or to intervene between two or more Contracting Parties. + Article 20 The parts and documents submitted in application of this Convention shall be exempt from any formality of legalization. + Article 21 The amounts collected as fines on the basis of applications for tracking or execution will become the property of the state of residence, which will dispose of them as you will. + Article 22 The State of residence will be competent to collect, at the request of the state in which the crime was committed, the amounts representing the prosecution and trial expenses incurred by this state. If you collect these amounts, this state will not be obliged to refund the state in which the crime was committed than the experts ' fees. + Article 23 The tracking and enforcement expenses, borne by the state of residence, will not be returned. + Title V Final provisions + Article 24 For purposes of this Convention: a) the expression of the traffic offence shall mean any offence referred to in the list entitled 'Common Fund of Road Offences', annexed to b) the expression of the state in which the offence was committed designates the State Party to this Convention, on the territory of which a traffic offence was committed; c) the expression of the State of residence means the State Party to the present Convention in which the author of a traffic offence d) the expression of traffic rules shall mean any regulation concerning one of the objects referred to 4 4-7 of Annex no. I at this Convention, entitled 'The Common Road Offences Fund'; e) the expression of the judgment applies to decisions rendered by the judicial authorities, including criminal orders and reconciliation fines; f) the expression of administrative decision means the decisions rendered in certain states by the administrative authorities empowered to pronounce the penalties provided by law for the repression of traffic offences. + Article 25 1. Annex no. I at this Convention, entitled 'The Common Road Offences Fund', is an integral part of this Convention. 2. Each Contracting Party will be able, at any time, by a notification addressed to the Secretary-General of the Council of Europe, to make known traffic offences, which are not set out in Annex no. I, which she wishes to submit to the application of this Convention, or those set out in Annex no. I which she wishes to exclude from this application in its relations with other contracting parties. 3. In case of addition, by a contracting party, of new offences to the list contained in Annex no. I at this Convention, the other Contracting Parties shall, where appropriate, notify their agreement to the Secretary-General of the Council of Europe. These crimes become opposable 3 months after the date of notification. 4. In case of withdrawal, by a contracting party, of crimes provided in the list contained in Annex no. I at this Convention, the notification referred to in paragraph 2 of this Article shall take effect if it is made on the occasion of the signing of the Convention or the deposit of the instrument of ratification, acceptance or accession at the time of entry into force of the Convention; if it is subsequently made, the notification shall take effect 3 months after its receipt by the Secretary-General of the Council of Europe. Any contracting party will be able to invoke lack of reciprocity 5. A contracting party will be able to declare that its domestic legislation obliges it to submit to the approval of its legislative bodies the notification provided for in paragraphs 2 and 3 of this Article. In this case, addition to the list set out in Annex no. It will not take effect, with regard to that party, until it has informed the Secretary-General of the Council of Europe that such approval has been obtained. + Article 26 This Convention does not limit the competence of the State of residence in matters of pursuit or enforcement, which it confers on its domestic law. + Article 27 1. If two or more contracting parties base their relations on uniform legislation or on a special reciprocity regime, they shall have the right to regulate their mutual relations in the matter, exclusively on the basis of these systems, notwithstanding provisions of this Convention 2. Contracting Parties which shall exclude from their mutual relations the application of this Convention, as provided for in this Article, shall address for this purpose a notification to the Secretary General of the Council of Europe. + Article 28 The European Committee on Criminal Matters of the Council of Europe will follow the execution of this Convention and will facilitate, to the extent necessary, the amicable regulation of any difficulties that may arise in the execution of the Convention. + Article 29 1. This Convention shall be open to the signature of the Member States of the Council It will be ratified or accepted. Instruments of ratification or acceptance will be deposited with the Secretary-General of the Council of Europe. 2. The Convention shall enter into force 3 months after the date of deposit of the third instrument of ratification or acceptance. 3. It shall enter into force, compared to any signatory state that will ratify it or accept it later, 3 months after the date of deposit of the instrument of ratification or acceptance. + Article 30 1. After the entry into force of this Convention, the Committee of Ministers of the Council of Europe will be able to invite any State not a member of the Council of Europe to accede to this Convention 2. Accession shall be made by depositing the instrument of accession to the Secretary-General of the Council of Europe and shall take effect 3 months after the date of its submission. + Article 31 1. Each Contracting Party may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance or accession, indicate the territory or territories to which this Convention will apply. 2. Any Contracting Party may, on the date of deposit of the instrument of ratification, acceptance or accession or at any time thereafter, extend the application of this Convention, by a statement addressed to the Secretary-General of the Council Europe, on any other territory indicated in the declaration and for which it bears the responsibility of international relations or for which it is empowered to assume international commitments. 3. Any statement made on the basis of the previous paragraph will be able to be withdrawn, in respect of each territory designated in this declaration, under the conditions provided in art. 33. + Article 32 1 1. Any Contracting Party may, at the time of signature or at the time of deposit of the instrument of ratification, acceptance or accession, declare that it will resort to one or more reserves set out in Annex no. II to this Convention. 2. Any Contracting Party may withdraw, in whole or in part, a reservation made by it on the basis of the preceding paragraph, by means of a statement addressed to the Secretary-General of the Council of Europe, and which will produce effect from the date its receipt. 3. The Contracting Party which has made a reservation in respect of a provision of this Convention may not require another party to apply this provision; however it may, if the reservation is partial or conditional, claim the application of this Convention. provisions to the extent that she accepted it. 4. Any Contracting Party may, at the time of signature of this Convention or the deposit of its instrument of ratification, acceptance or accession, by a notification addressed to the Secretary-General of the Council of Europe, make known that it considers ratification, acceptance or accession as an obligation under international law to take the necessary measures in national law for the implementation of this Convention. + Article 33 1. This Convention shall remain in force indefinitely. 2. Each Contracting Party shall be able, as far as it is concerned, to denounce this Convention by a notification addressed to the Secretary-General of the Council of Europe. 3. Denunciation shall take effect 6 months after the date of receipt of the notification by the Secretary-General of the Council of Europe. + Article 34 The Secretary-General of the Council of Europe shall notify the Member States of the Council of Europe and any State which has acceded a) each signature; b) the deposit of each instrument of ratification, acceptance, or accession; c) any date of entry into force of this Convention, according to art. 29 29; d) any declaration and notification received in application of the provisions of art 15 15 paragraph 4, art. 19 19 paragraph 2, art. 25 paragraphs 2, 3, 4 and 5, art. 27 27 paragraph 2 and art. 32 32 paragraph 4; e) any declaration received pursuant to the provisions of art. 31 paragraphs 2 and 3; f) any reservation made in application of the provisions of Article 32 32 paragraph 1; g) withdrawal of any reservation, carried out in application of art. 32 32 paragraph 2; h) any notification received in the application of the provisions of 33 and the date on which the denunciation will take effect. + Article 35 This Convention, as well as the declarations and notifications which it authorises, shall apply only to road offences committed after the entry into force of this Agreement between the Contracting Parties concerned. As for which, the undersigned, duly authorized for this purpose, have signed this Convention. Drawn up in Strasbourg on 30 November 1964, in French and English, both texts being equally authentic, in a single copy, which will be deposited in the archives of the Council of Europe. The Secretary-General of the Council of Europe will send a certified copy to each signatory and adherent state. + Annex 1 COMMON FUND OF TRAFFIC OFFENCES 1. Involuntary killing or involuntary injuries, caused in the field of road traffic. 2. Leaving the scene of the accident, that is, violation of the obligations of drivers as a result of a traffic accident. 3. Driving a vehicle by a person: a) drunk or under the influence of alcohol; b) under the influence of narcotic drugs or products having similar effects; c) unfit, as a result of excessive fatigue. 4. Driving a motor vehicle, without insurance in respect of civil liability for damage caused to third parties as a result of the use of this vehicle. 5. Refusal to obey the order of an agent of the road traffic authority. 6. Failure to follow the rules: a) vehicle speed; b) the position of moving vehicles and the sense of their movement, the encounter with oncoming vehicles, the overtaking, the change of direction and the passage of the level passages; c) priority of passage; d) traffic priority for certain vehicles, such as those of firefighters, ambulances, police vehicles; e) non-compliance with road signs and markings, in particular the sign "Stop"; f) parking and stopping of vehicles; g) the access of vehicles or certain categories of vehicles on road, in particular due to their weight or dimensions; h) the security equipment of the vehicles and their cargo; i) the signalling of vehicles and their cargo; j) the vehicle light system and the use of headlamps; k) load and capacity of vehicles; l) vehicle registration, registration plates and hallmark of the country of registration. 7. Driving without valid circulation permit. + Annex 2 1. Any Contracting Party may declare that it reserves the right to make known: a) that she does not accept Title III or that she accepts it only in respect of certain categories of punishment or enforcement measures; b) that she does not accept art. 6 6 or that she accepts only certain provisions of this article. 2. Any Contracting Party may declare that, for constitutional reasons, it may not receive follow-up requests except in the cases provided for in its domestic law. -----------