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Law No. 159 Of 28 July 1998

Original Language Title:  LEGE nr. 159 din 28 iulie 1998

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LEGE no. 159 159 of 28 July 1998 on the cooperation of the Romanian authorities with the International Tribunal for the pursuit of persons alleged to be responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1991
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 283 283 of 31 July 1998



The Romanian Parliament adopts this law + Chapter 1 General provisions + Article 1 Romania cooperates, through its competent authorities and under the conditions of this law, with the International Tribunal for the pursuit of persons alleged to be responsible for serious violations of international humanitarian law, committed on the territory of the Yugoslavia since 1991, established pursuant to United Nations Security Council Resolution 827/1993. + Article 2 The provisions of this law apply to persons on the territory of Romania, presumed to be responsible for serious acts, criminalized by the Romanian criminal law, which, within the meaning of art. 2-5 of the Statute of the International Tribunal, constitute serious violations of the Geneva conventions of the year 1949, violations of laws or customs, genocide or other crimes against humanity. + Article 3 The cooperation procedure shall be triggered at the request of the International + Article 4 The Ministry of Justice is the competent central authority to receive the requests of the International Tribunal, to verify them in terms of formal regularity and to transmit them without delay to the resolution of the + Article 5 The International Tribunal will be informed, at its request, by the Ministry of Justice of the pending cases of prosecution or trial that have as object crimes of jurisdiction of this court, as well as with respect to convicted persons for other such crimes, in the execution of penalties in Romania. For this purpose, the Prosecutor's Office of the Supreme Court of Justice and the Ministry of Interior will provide the Ministry of Justice with the data they hold and which are relevant for the settlement of applications received from the International Tribunal. + Chapter 2 Competence of Romanian judicial bodies + Article 6 The cases that have as object crimes that fall within the competence of the International Tribunal, pending criminal prosecution or trial in Romania, will be sent to the International Tribunal, according to art. 9 9 para. 2 2 of its statute, which provides the priority of jurisdiction in favour of the tribunal. For this purpose, the prosecutor or the court, as the case may be, shall be disposed of and submit the file to the Ministry of Justice to be sent to the International Tribunal + Article 7 The person who has suffered an injury by any of the offences of jurisdiction of the International Tribunal may be a civil party against the accused or the defendant and the person responsible civilly, by introducing an action civil to the Romanian court in whose radius it resides. The civil action is to be resolved under the final criminal judgment of the International Tribunal, which has working authority on trial before the Romanian court on the criminal liability of the convict. + Chapter 3 Examination and resolution of the arrest and surrender of the arrested person + Article 8 The International Tribunal's request for the arrest and surrender of the person alleged to be responsible for serious violations of international humanitarian law, along with the copy of the indictment and the other accompanying documents will be transmitted by the Ministry of Justice for resolution, as the case may be, to the Prosecutor General of the Prosecutor's Office of the Supreme Court of Justice or to the court referred to If the arrest warrant issued by the International Tribunal or its prosecutor cannot be executed, the Ministry of Justice will communicate to the International Tribunal the impediments that have determined the non-execution of the mandate. + Article 9 The arrest warrant issued by the International Tribunal or, as the case may be, its prosecutor shall be carried out following the identification of the person concerned, by taking the measure of preventive arrest, under the conditions provided by the Romanian law. The person arrested, if he considers that the measure taken against him is unlawful, has the right to address the competent Romanian court with complaint. The arrest measure is immediately notified to the International Tribunal by the Ministry of Justice + Article 10 The surrender of the arrested person will be done on the date and in the place established by the International Tribunal and the Ministry The teaching act will show the duration of the preventive arrest, for the purpose of her deduction in case of conviction. The surrender of the arrested person is made without resorting to the extradition procedure and will take place especially against any legal impediment that would result from the Romanian law or from the conventions to which Romania is a party. The provisions of this law, relating to surrender, shall also apply where the person alleged to be responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia is in the execution of punishments applied for offences other than those of the International Tribunal. The surrender of the person in the execution of the sentence interrupts the course of the execution of the execution + Chapter 4 Settlement of other requests and transmission of data from criminal cases + Article 11 The Romanian judicial bodies have the obligation to settle other requests of the International Tribunal having as its object: the identification of persons who may be witnesses or experts in the cases pending before them, hearing the witnesses mentioned in request, erection and retention of documents, confiscation of objects that served to commit the crime, in order to send them to the International Tribunal. They will also preserve the assets or values obtained by committing the crime committed on the territory of the former Yugoslavia, in order to be returned to the injured person, and will administer other such acts useful to the resolution of the case. + Article 12 Applications of the International Tribunal referred to in 11, together with the accompanying documents received by the Ministry of Justice will be sent to the Prosecutor's Office of the Supreme Court of Justice, which will take the necessary measures to resolve them. The acts administered by the prosecution bodies will be transmitted to the International Tribunal through the Ministry of Justice. + Chapter 5 Final provisions + Article 13 The provisions of this law shall be supplemented by those of the Criminal Code and the Code of Criminal Procedure, in so far as they do not contain contrary provisions. + Article 14 The law takes effect 10 days from the date of its publication in the Official Gazette of Romania, Part I, and applies until the end of the work of the International Tribunal for the pursuit of persons alleged to be responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia. This law was adopted by the Chamber of Deputies at the meeting of September 30, 1997, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. PRESIDENT OF THE CHAMBER OF DEPUTIES Andrei Ioan Chiliman This law was adopted by the Senate at the meeting of June 29, 1998, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. P. SENATE PRESIDENT Cristian Dumitrescu -------------------