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 PARLIAMENT ISSUING published in MONITORUL OFICIAL nr. 316 of 18 November 1997 Parliament adopts this law.
The sole article Shall ratify the European Convention on the Suppression of crime, adopted within the framework of the Council of Europe in Strasbourg on 30 November 1964.
This law was adopted by the Senate at its meeting on 25 September 1997, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
SENATE PRESIDENT PETRE ROMAN this law was adopted by the Chamber of deputies at its meeting of 20 October 1997, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT ANDREW JOHN CHILIMAN EUROPEAN CONVENTION for the Suppression of crime on the road *)-Strasbourg, 30 November 1964-----------Note *) version.
PREAMBLE the Member States of the Council of Europe, signatories to this Convention, taking into account the increasing movement of vehicles between the European States and the danger is violating the rules that ensure the safety of participants in road traffic, considering that the aim of the Council of Europe is to achieve a closer Union between its members, convinced of the need for their cooperation in order to enhance the efficiency of the repression of offences committed in their territory by road , have agreed as follows: title I fundamental principles Article 1 1. Where a person who ordinarily resides in the territory of a Contracting Party will commit a road offence in the territory of another Contracting Party, the State on whose territory the offence has been committed or will be able, if internal law so requires, you will need to apply for residence State to conduct hot pursuit, if not it will do himself or if , performing it himself, you will appreciate that it is impossible to continue until a final decision or sanction of full performance.
2. When a court or an administrative decision that has become enforceable, after the offender has supported the defense, was delivered to the State committing the crime, that State may request the State of his residence to execute this decision or that decision.
3. the State of residence will be given to the request for the carrying out of the prosecution or execution under the conditions set out below. However the execution of decisions taken in the absence will not be mandatory.
Article 2 1. The road that will represent the offense the reason prosecution or demand execution. 1 you have to be punished both by the law of the State where the crime was committed, and the laws of the State of residence.
2. For the purposes of carrying out the prosecution or the execution of the judgment will be the applicable law of the State of residence, on the understanding that it will only regard traffic rules in force at the place of committing the crime.
Title II prosecution of State residence in article 3 at the request of the State where the crime was committed, the authorities of the State of residence will be responsible for carrying out the prosecution of offences committed in the territory of the State Road applicant.
Article 4 the competent authorities of the Member State of residence shall examine the application for tracking it has been addressed in accordance with art. 1 and 2. They will determine, according to their own legislation, how to settle the claim.
Article 5 1. If the State in which the crime was committed will address the request of the prosecution. 1, he will no longer be able to pursue the offender nor to execute a decision rendered against the latter.
2. He will be able to resume the pursuit or execution: a) if the State of residence does not make known the State where the offence has been committed as he failed to take the steps required to execute the request;
b) If, for reasons of which it took notice of the later application, shall notify the Member State of residence of the withdrawal of its request before the start of the debates on the first judicial court or prior reasons on an administrative decision in the State of residence.
Article 6 1. Application for tracking will mention the date on which this procedure has been requested by the competent authority.
In the State where the offence has been committed, the prescription of the right of action will be discontinued at this time. The term of this prescriptions will restart to run entirely from the date of notification stating that it would not grant the request or the demand is withdrawn as provided for in art. 5 paragraph 2(1). the a and b)) and at the latest within six months from the date of application.
2. the period of limitation of the right of action in the State of residence will run from the date of receipt of the request.
If it is necessary to state a claim of the victim for the pursuit, prosecution time limit for filing this complaint will start to run from the date of receipt of the request.
Article 7 Documents drawn up by the judicial and administrative authorities of the State where the offence has been committed shall have the same legal value to the State of residence as those drawn up by the authorities of that State, and vice versa.
Title III Enforcement in the State of residence of State authorities by article 8 of the residence shall be competent to carry out, at the request of the State where the offence has been committed, the decisions referred to in article 1. 1 (2). Execution of decisions will take place according to the law of the State of residence, after checking the authenticity of the request and its compliance with the conditions laid down in this Convention. The State of residence will be competent in the field of parole. The right of pardon may be exercised both by the State of residence and the State in which the crime was committed.
Article 9 1. The execution of the judgment will not occur in the State of residence: a) if the offender is subject to a final decision in this State for the same facts;
b) if prescription fulfilled according to the law of punishment is the State where the offence has been committed or the law of the State of residence;
c) if the offender is receiving amnesty or clemency in the State of residence or in the country where the offence has been committed.
2. the State of residence will be able to refuse the bringing into force of the judgment: a) if the competent authorities of that State have decided not to carry out hot pursuit or to end the prosecution of which they have been doing the same facts;
b) if the facts which gave rise to the conviction shall be subject to prosecution in this State;
c) to the extent that State considers enforcement of this nature to affect the fundamental principles of its legal order, or as being incompatible with the principles governing the application of the law or criminal law, in particular where, owing to his age, the offender could not be convicted in this State.
Article 10 where the request referred to in article 1. 1 paragraph 2 will have as their object the execution of a sentence, other than the fine, the State of residence will replace, where appropriate, punishment in the State in which the offence was committed with the punishment provided by the law of the State of residence for an offense analogous.
This penalty will correspond, to the extent possible, in terms of its nature, than that laid down by the decision to be enforced. She will not be able to exceed any maximum prescribed by the laws of the State of residence and cannot be expected to worsen through its nature or duration of the penalty handed down in the State in which the crime was committed.
Setting the sanction, the competent authorities of the Member State of residence will be able to consider in the same extent and in the manner customary performance of the death penalty in that State.
Article 11 request of enforcement will be included in the payment of a fine, the State of residence will proceed to its collection under his law, up to the maximum of the competition established by this law for a criminal offence or, failing analogue to the maximum legal amount taxed up to competition as a fine to the State of residence for such an offense.
Article 12 in the event of non-payment of the fine, the State of residence will apply, at the request of the State where the offence has been committed, the measures of compulsion or replacement provided for in its legislation.
The State of residence will not be able to enforce a measure of coercion or replacement established by a decision rendered in the State where the offence has been committed and that gives rise to a deprivation of liberty unless the State in which the offence was committed so requires specifically.
Article 13 the State where the offence has been committed will no longer be able to apply any of the measures of enforcement requested, unless he has been notified a refusal or an impossibility of execution of the judgment by the State of residence.
Title IV General provisions Article 14 1. Claims referred to in article 1. 1 this Convention shall be formulated in writing.
2. Application for tracking will be accompanied by the original or a certified copy of all minutes, from sketches, photographs and other documents relating to instruction, as well as a copy of the applicable legal provisions in particular in the State where the offence has been committed. Copies of criminal records, the laws relating to prescription, who interrupted her presentation of facts which have interrupted the prescription will be also attached.
3. the application of enforcement will be accompanied by the original or a certified copy of the decision on the certificate will be enforceable in the forms provided for by the law of the State where the offence has been committed. If the decision to be enforced, without another one replaces reproduce exposing the facts, will be attached a certified copy of this decision on the containing statement of facts.
Article 15 1. Your request will be addressed by the Ministry of Justice of the State where the offence has been committed to the Ministry of Justice of the State of residence. The answer will be sent in the same way.
2. The communications necessary for the application of this Convention shall be communicated either by the method indicated in paragraph 1 of this article, either directly between the authorities of the Contracting Parties.
3. In case of emergency, the communications referred to in paragraph 2 of this article shall be transmitted through the International Criminal Police Organization (INTERPOL).
4. Each Contracting Party shall be able to, by a declaration addressed to the Secretary general of the Council of Europe, make it known that he intends to derogate from the rules of transmission referred to in paragraphs 1 and 2 of this article.
Article 16 if the State of residence considers that the information supplied by the Member State where the offence has been committed are insufficient to enable implementation of this Convention, that State will be required to complete the information required. He will be able to set a deadline for obtaining such information.
Article 17 the Contracting Parties shall extend the legal assistance that it be granted in criminal matters, upon the measures necessary for the execution of this Convention, in particular as regards the transmission of documents drawn up by the administrative authority and notification of a payment order, this last measure not being considered as a measure of enforcement.
Article 18 the State of residence shall inform without delay the Member State in which the crime was committed in connection with the resolution of the request for enforcement or prosecution. He will draw up, in both cases, a document certifying the execution of punishment and, Furthermore, in the case of prosecution, a certified copy from the final decision.
Article 19 1. The translation of requests and execution and tracking of parts attached, like that of any other documents relating to the application of this Convention, subject to the provisions of paragraph 2 of this article, you will not be required.
2. Each Contracting Party shall, at the time of signing or depositing the instrument of ratification, acceptance or accession, by a declaration addressed to the Secretary general of the Council of Europe, to reserve the right to require that requests and attachments parts to be addressed either by a translation accompanied in their own language or a translation into one of the official languages of the Council of Europe or in one of the languages you indicate. Other Contracting Parties shall be able to invoke lack of reciprocity.
3. This article is without prejudice to the provisions relating to the translation of applications and of the annexes, contained in agreements or commitments in force or which will arise between two or more Contracting Parties.
Article 20 pieces and documents transmitted in application of this Convention shall be exempt from any legalisation formalities.
Article 21 the amounts collected as fines on the basis of requests for follow-up or enforcement shall become the property of the State of residence, which shall dispose of them as you will.
Article 22 the State of residence will be competent to collect, at the request of the State where the offence has been committed, the amounts of expenditure tracking and the judgment incurred by that State if such amounts will charge, that State shall not be obliged to repay the State where the offence has been committed than experts ' fees.
Article 23 the costs of tracking and enforcement, supported by the State of residence will not be returned.
Title V final provisions article 24 for the purposes of this Convention the expression: (a)) means any offence offence provided for road transport in the list titled "Common Fund for road offences" annexed to this Convention;
b) State in which the expression was committed the offence shall designate a State party to the present Convention in whose territory the offence was committed road;
(c) State of residence) the expression designates a State party to this Convention in which he routinely author of a crime;
d) expression traffic rules shall mean any regulation regards one of the items referred to in points 4 to 7 of the annex. I to this Convention, entitled "Common Fund for road offences";
e) expression applies judgment decisions handed down by the judicial authorities, including fines and criminal ordinances of reconciliation;
f) expression administrative decision designates certain decisions handed down in the States by administrative authorities empowered to pronounce penalties provided by law for the Suppression of crime on the road.
Article 25 1. Annex 4. I to this Convention, entitled "Common Fund for road offences", is an integral part of this Convention.
2. Each Contracting Party shall be able to, at any time, by notification addressed to the Secretary general of the Council of Europe, to make known the crimes in terms of movement, which are not listed in the annex. I, whom she wishes to subject them to the application of this Convention, or those set out in the annex. I that she wishes to exclude from this application in its relations with other Contracting Parties.
3. in the case of adding, by a Contracting Party, of new crimes to the list contained in the annex. I to this Convention, the other Contracting Party shall notify, if any, of their agreement to the Secretary-General of the Council of Europe. These offences become opposable to 3 months from the date of notification.
4. In the case of withdrawal by a Contracting Party, of the crimes set out in the list contained in the annex. I to 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 of depositing the instrument of ratification, acceptance or accession, entry into force of the Convention; If it is done later, the notification will take effect three 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 its internal law obligation to submit its legislative bodies and approval notification referred to in paragraphs 2 and 3 of this article. In this case, adding to the list set out in annex 4. I will not take effect in respect of that part, except when you will inform the Secretary general of the Council of Europe that such approval was obtained.
Article 26 this Convention shall not restrict the jurisdiction of the State of residence or with regard to enforcement tracking, whom it confers on its internal legislation.
Article 27 1. If two or more Contracting Parties based their relations on a uniform legislation or a special regime of reciprocity, they will have the right to regulate mutual relations in this matter solely on the basis of such systems, despite the provisions of this Convention.
2. The Contracting Parties which will exclude from their mutual relations the application of this Convention, in accordance with the provisions of this article will address for that purpose, the Secretary-General of the Council of Europe.
Article 28 of the European Committee for Criminal Matters the Council of Europe will follow the execution of this Convention and will facilitate, to the extent that it will be necessary to regulate any amicable difficulties which might arise in the execution of the Convention.
Article 29 1. This Convention is open for signature by Member States of the Council of Europe. It will be ratified or accepted. Instruments of ratification or acceptance shall be deposited with the Secretary-General of the Council of Europe.
2. The Convention shall enter into force three months after the date of deposit of the third instrument of ratification or acceptance.
3. It shall enter into force for any signatory State ratifying or accepting subsequently, the 3 months following 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 which is not a member of the Council of Europe to accede to this Convention.
2. Accession shall be effected by the deposit of the instrument of accession with the Secretary-General of the Council of Europe and will take effect three months from its filing date.
Article 31 1. Each Contracting Party may, at the time of signature or when depositing the instrument of ratification, or acceptance, or accession, to indicate the territory or territories to which this Convention shall apply.
2. Any Contracting Party may at the time of depositing the instrument of ratification, acceptance or accession times at any time later, to extend the application of this Convention, by a declaration addressed to the Secretary general of the Council of Europe, to any other territory specified in the Declaration and that it carries the responsibility for the international relations or for which it is empowered to assume international commitments.
3. Any declaration made on the basis of the preceding subparagraph may be withdrawn, in respect of the territories designated in this Declaration, in circumstances referred to in article 1. 33. Article 32
1. Any Contracting Party may, at the time of signature or when depositing the instrument of ratification, acceptance or accession, declare that it shall have recourse to one or more of the reservations provided for in the annex. To this Convention.
2. Any Contracting Party may withdraw, in whole or in part, a book made by it on the basis of the preceding, by means of a declaration addressed to the Secretary general of the Council of Europe, and that will take effect from the date of its delivery.
3. The Contracting Party which has entered a reservation in respect of a provision of this Convention may not claim by any other party to apply this provision; However it can, if the reserve is partial or conditional, claim the application of this provision to the extent that she has accepted it.
4. Any Contracting Party will be able to, at the time of signing this Convention or depositing the instrument or ratification, acceptance or accession, by means of a notification addressed to the Secretary general of the Council of Europe, make it known that she consider ratification, acceptance or accession as antrenand the obligation, under international law, to adopt the necessary measures in national legislation for the implementation of this Convention.
Article 33 1. This Convention shall remain in force indefinitely.
2. Each Contracting Party shall be able to, in what concerns, to denounce this Convention by notification addressed to the Secretary general of the Council of Europe.
3. The denunciation will take effect six 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 to this Convention: a) each signature;
(b) the deposit of each instrument) ratification, acceptance, or accession;
c any date of entry) into force of this Convention in accordance with article. 29;
d) any statement and notification received in application of the provisions of article 3. 15 paragraph 4, art. 19 (2), art. 25 paragraphs 2, 3, 4 and 5, art. 27 (2) and of article. 32 paragraph 4;
e) any declaration received pursuant to the provisions of art. 31 paragraphs 2 and 3;
f) any reservation pursuant to the provisions of article 3. 32 (1);
g) withdrawal of any reservation carried out in pursuance of the provisions of art. 32 (2);
h) any notification received in application of the provisions of article 3. 33 and the date on which the denunciation will take effect.
Article 35 this Convention, as well as the declarations and notifications authorised it shall not apply to crimes committed than road after its entry into force between the contracting parties concerned.
In witness whereof, the undersigned, duly authorised thereto properly for that purpose, have signed this Convention.
Done at Strasbourg on November 30, 1964, in French and English languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary general of the Council of Europe shall send a certified copy to each of the signatory and adhering.
Annex 1 COMMON FUND ROAD OFFENCES 1. Involuntary killing or involuntary injuries caused in the sphere of road traffic.
2. Leaving the accident, i.e. violation of the obligations incumbent upon drivers as a result of a traffic accident.
3. Driving a vehicle by a person: a) while intoxicated or under the influence of alcohol;
b) under the influence of narcotic substances or products having similar effects;
inapta c), 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 use of the vehicle.
5. The refusal to obey the order of a staff member of the Authority relating to road circulation.
6. Violation of the rules concerning: a) the speed of vehicles;
b) position the moving vehicles and the meaning of their trip, meeting with oncoming vehicles, overcome, change of direction and level shifting passages;
c) priority of passage;
d) priority traffic for certain vehicles, such as those of firefighters, ambulances, police vehicles;
e) failure signals and road markings, especially the sign "Stop";
f) grounding and stopping vehicles;
g) access of vehicles or certain categories of road vehicles on some horses, particularly because of their weight or dimensions;
h) security equipment of the vehicles and their cargo;
I) signalling their cargo and vehicles;
j) light system of vehicles and the use of headlights;
k) and load capacity of vehicles;
l) registration of vehicles, registration plates and the distinguishing sign of the country of registration.
7. Driving without a valid permit for movement.
Annex 2 1. Any Contracting Party may declare that its right to make known: a) that she did not accept the title III or as she accepts only in respect of certain categories of punishments or enforcement measures;
b) that she does not accept article 16. 6 or as she does only accept certain provisions of this article.
2. Any Contracting Party may declare that, for constitutional reasons, cannot receive requests tracking than in the cases provided for in its internal legislation.