Law No. 159 Of 28 July 1998

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

Read the untranslated law here: https://www.global-regulation.com/law/romania/3071325/-lege-nr.-159-din-28-iulie-1998.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Law No. 159 of 28 July 1998 concerning cooperation with the International Tribunal, the Romanian authorities to take action against persons alleged to be responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1991 PARLIAMENT published in ISSUING the OFFICIAL GAZETTE nr. 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 present law, with the International Criminal Tribunal for tracking persons suspected to be responsible for serious breach of international humanitarian law committed in the territory of the former Yugoslavia since 1991, established pursuant to Resolution 827/1993 to the Security Council of the United Nations.


Article 2 the provisions of this law shall apply to persons on Romanian territory, alleged to be responsible for grave acts incriminated by the Romanian criminal law, which, within the meaning of art. 2 to 5 of the Statute of the International Tribunal, constitute serious violations of the Geneva Conventions of 1949, violations of the laws or customs, genocide or other crimes against humanity.


Article 3 cooperation procedure occurs at the request of the International Tribunal.


Article 4 the Ministry of Justice is the central authority has the competence to receive applications from the International Tribunal, to check them in terms of formal regularitatii and transmit them without delay to the competent judicial bodies towards resolution.


Article 5 of the International Tribunal will be informed, on request, by the Ministry of Justice over the causes of the ongoing prosecution or courts that have the object of offences within the competence of the Court, as well as in respect of persons convicted of such other offence, the enforcement of sentences in Romania.
To this end, in addition to flooring Supreme Court of Justice and the Ministry of Interior will provide the Ministry of justice data which they hold and which presents relevant to the settlement received from the International Criminal Tribunal.


Chapter 2 the Romanian judicial organs Jurisdiction Article 6 causes that relate to offences falling within the jurisdiction of the International Tribunal, ongoing criminal investigation or trial in Romania, will be sent to the International Tribunal, in accordance with art. 9 para. 2 of its Statute, which provides for the priority of jurisdiction in favour of that Court.
For this purpose, the Prosecutor or the Court, as appropriate, shall be forwarded to the desesizeaza folder and the Justice Ministry to be sent to the International Tribunal.


Article 7 any person who has suffered harm through any of the offences within the competence of the International Tribunal may constitute a civil party against the defendant or the accused and the person responsible civilmente by introducing a civil action in the Court in which the Romanian it is domiciled.
The civil action to be resolved pursuant to the decision of the International Criminal Tribunal final which has become final in before the Court with respect to the criminal liability of the convict.


Chapter 3 examination and settlement of the application for arrest and surrender of the person arrested in article 8 of the International Tribunal's request involving the arrest and surrender of the person alleged to be responsible for serious breach of international humanitarian law, together with a copy of the indictment and other documents accompanying the software will be transmitted to the Ministry of Justice, where appropriate, the prosecutor general's Office of the Supreme Court of Justice or the appellate court proceedings.
If the mandate of arrest issued by the International Criminal Tribunal or prosecutor or can not be put in execution, the Justice Ministry will communicate to the International Tribunal the impediments that have caused the non-performance of the mandate.


Article 9 mandate of arrest issued by the International Criminal Tribunal or, where appropriate, the Prosecutor shall bring to fruition as a result of identifying the person in question by taking the measure of preventive arrest under Romanian law.
The person arrested, if they consider that the measure taken against him is illegal, it has the right to apply to court with a complaint to the competent Romanian authorities.
The measure of pre-trial detention shall be notified without delay to the International Tribunal by the Ministry of Justice.


Article 10 Teaching person arrested is made at the date and in the place determined by the International Tribunal and Justice Ministry.
The Act of teaching will show the duration of pre-trial detention, in order to deduct them in the event of a conviction.
The surrender of the person arrested is made without recourse to the procedure of extradition and will take place especially over any legal impediment would result from the Romanian law or of conventions to which Romania is a party.
The provisions of this law relating to the teaching, applies where the person alleged to be responsible for serious breach of international humanitarian law committed in the territory of the former Yugoslavia, in the execution of punishments imposed for other crimes than those that are within the competence of the International Tribunal.
The surrender of the person placed in the course of execution of punishment execution, interrupts prescription provided for in the Romanian criminal law.


Chapter 4 the resolution of other requests and transmission of data from criminal cases Article 11 Romanian judiciary authorities have the obligation to settle and other requests of the International Tribunal aimed at: identifying people who may be witnesses or experts in particular, on the role of the latter, hearing witnesses mentioned in the request, raising and keeping records, seizure of objects which have been used in committing the offence in order to dispatch their International Tribunal.
Also, they will indisponibiliza the goods or values obtained by committing the offence committed in the territory of the former Yugoslavia, to be returned to the person injured, and will also manage other useful acts to settle the case.


Article 12 International Tribunal Requests. 11, along with accompanying documents are received by the Ministry of Justice will send Office Supreme Court of Justice, which will take the necessary measures for their resolution.
Acts administered by the prosecution 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 penal code and of the code of criminal procedure, in so far as they do not include any provisions to the contrary.


Article 14 the law shall enter into force 10 days after its publication in the Official Gazette of Romania, part I, and apply until the termination of the International Tribunal for the pursuit of persons suspected 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 its meeting on 30 September 1997, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
P. John CHAMBER of DEPUTIES PRESIDENT Andrei Chiliman this law was adopted by the Senate at its meeting on 29 June 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
P. SENATE Cristian Dumitrescu-— — — — — — — — — — — — — — — — — —