Law No. 236 Of 9 December 1998

Original Language Title:  LEGE nr. 236 din 9 decembrie 1998

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Law No. 236 of 9 December 1998 on ratification of the European Convention on mutual legal assistance in criminal matters, signed at Strasbourg on 20 April 1959 and the additional protocol to the European Convention on mutual legal assistance in criminal matters, adopted at Strasbourg on 17 March 1978 PARLIAMENT published in ISSUING the OFFICIAL GAZETTE nr. 492 of 21 December 1998, the Romanian Parliament adopts this law.


Article 1 shall ratify the European Convention on mutual legal assistance in criminal matters, signed at Strasbourg on 20 April 1959 and the additional protocol to the European Convention on mutual legal assistance in criminal matters, adopted at Strasbourg on 17 March 1978.


Article 2 on the occasion of depositing the instrument of ratification will formulate the following statements: 1. Under article. 5 § 1: "rogatory relating to searches or to the seizure of objects will be subject to the following conditions: (a) the offence motivating the Commission) rogatorie be liable to give place to the extradition, according to the Romanian law;
  

(b) fulfilment of the Commission's rogatorii) to be compatible with Romanian law. "
  

2. Pursuant to article 13. 7 paragraph 3: "Summons to look for a person pursued on the territory of Romania, will be transmitted to the competent Romanian authority not later than 40 days before the date fixed for the appearance."
3. Pursuant to article 13. 15 paragraph 6: ' a) applications for legal assistance from the research phase and the prosecution will be referred to the Prosecutor's Office attached to the Supreme Court of Justice.

(b) legal assistance Requests) from trial phase will be addressed to the Ministry of Justice.
  

c) applications for legal assistance referred to in article 1. 15 (3) shall be addressed to the Ministry of the Interior.
  

d In case of emergency), requests for rogatory may be addressed directly to courts or prosecutors on top of this, a copy of which were forwarded to the Ministry of Justice or the Prosecutor's Office attached to the Supreme Court of Justice, where appropriate. "
  

4. Pursuant to article 13. 16 paragraph 2: "requests for legal assistance and appendices, documents addressed to the Romanian judicial authorities pursuant to this Convention, shall be accompanied by a translation into one of the official languages of the Council of Europe."
5. In article 41(2). 24: "for the purposes of this Convention, through judicial means Romanian courts, the public prosecutor's Office, Ministry of Justice and these public prosecutor's Office attached to the Supreme Court of Justice, and for requests for legal assistance referred to in article 1. 15 (3), the Ministry of the Interior. "


Article 3 the statements set out in art. 2 of this law shall apply, as appropriate, and the additional protocol to the European Convention on mutual legal assistance in criminal matters, adopted at Strasbourg on 17 March 1978.


Article 4 the costs of fulfilling requests for legal assistance shall be borne by the judicial authorities.
This law was adopted by the Senate at its meeting on 12 October 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. Senate CHAIRMAN MIRCEA IONESCU-QUINTUS this law was adopted by the Chamber of deputies at its meeting on 9 November 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT, ANDREI CHILIMAN CONVENTION 20/04/1959 PROTOCOL 17/03/1978