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Law No. 236 Of 9 December 1998

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

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LEGE no. 236 236 of 9 December 1998 for the ratification of the European Convention on Legal Assistance in Criminal Matters, adopted in Strasbourg on 20 April 1959, and the Additional Protocol to the European Convention on Legal Assistance in Criminal Matters, adopted in Strasbourg on 17 March 1978
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 492 492 of 21 December 1998



The Romanian Parliament adopts this law + Article 1 The European Convention on Judicial Assistance in Criminal Matters, adopted in Strasbourg on 20 April 1959, and the Additional Protocol to the European Convention on Legal Assistance in Criminal Matters, adopted in Strasbourg on 17 March 1978. + Article 2 The following statements shall be made on the occasion of the deposit of the instrument 1. Based on art. 5 5 paragraph 1: " Rogatory commissions relating to searches or seizure of objects will be subject to the following conditions: a) the crime that motivates the rogatory commission to be liable to give way to extradition, according to the Romanian law; b) the fulfillment of the rogatory commission is compatible with Romanian law. " 2. Based on art. 7 7 paragraph 3: "The citation for appearance, intended for a wanted person who is on the territory of Romania, will be transmitted to the competent Romanian authority no later than 40 days before the date fixed for appearance." 3. Based on art. 15 15 paragraph 6: " a) Applications for legal assistance from the research and prosecution phase will be addressed to the Prosecutor's Office of the Supreme Court of Justice of Romania. b) Applications for judicial assistance from the trial stage will be addressed to the Ministry of Justice. c) Applications for legal aid to which art. 15 paragraph 3 will be addressed to the Ministry of Interior. d) In case of urgency, requests for rogatory commissions may be addressed directly to the courts or prosecutors ' offices, a copy of which is transmitted to the Ministry of Justice or to the Prosecutor's Office of the Supreme Court of Justice, where applicable. ' 4. Based on art. 16 16 paragraph 2: "Applications for legal aid and the documents attached to the Romanian judicial authorities under this Convention shall be accompanied by a translation into one of the official languages of the Council of Europe." 5. Based on art. 24 24: " For the purposes of this Convention, the Romanian judicial authorities understand: the courts, the prosecutors ' offices, the Ministry of Justice and the Prosecutor's Office of the Supreme Court of Justice, and for the requests for judicial assistance which refers to art. 15 paragraph 3, Ministry of the Interior. " + Article 3 Statements made in art. 2 of this Law shall apply, accordingly, to the Additional Protocol to the European Convention on Legal Assistance in Criminal Matters, adopted in Strasbourg on 17 March 1978. + Article 4 The costs incurred by the fulfilment of requests for legal aid will be borne by the requesting judicial authorities. This law was adopted by the Senate at the meeting of October 12, 1998, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, MIRCEA IONESCU-QUINTUS This law was adopted by the Chamber of Deputies at the meeting of November 9, 1998, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, ANDREI CHILIMAN CONVENTION 20/04/1959 PROTOCOL 17/03/1978