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Law No. 296 Of 7 June 2001 On Extradition

Original Language Title:  LEGE nr. 296 din 7 iunie 2001 privind extrădarea

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LEGE no. 296 296 of 7 June 2001 on extradition
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 326 326 of 18 June 2001



The Romanian Parliament adopts this law + Chapter 1 Preliminary provisions + Article 1 Obligation to extradite (1) Romania accepts to surrender, at the request for the extradition of another state, under the conditions provided by this law, persons on its territory and who are prosecuted or sent to trial for a crime or are sought for execution of a sentence by the judicial authorities of the requesting State. (2) The provisions of this Law shall also apply to safety measures. For the purposes of this law, the expression of safety measures designates any custodial measure that has been ordered for completion or for the replacement of a sentence by a criminal decision. + Article 2 Preeminence of international law (1) The present law shall apply only on the basis and for the execution of the rules interesting to the extradition, contained in the international conventions to which Romania is a party, which it complements in the unregulated situations. (2) In the absence of an international convention, this law represents the common law in the matter, applicable to the Romanian state by virtue of international courtesy, under the guarantee of reciprocity. If any of the requesting States invokes the application of regulations different from those of this law, they may be contemplated only within the limits set by the declaration of reciprocity. + Article 3 Declaration of reciprocity (1) The declaration of reciprocity given by the requesting state, in the absence of an international convention, in order to obtain extradition, may take effect in Romania only after the ratification by law of the negotiated agreement between the two states, in compliance with the generally accepted rules of international law in the matter. (2) The draft agreement is negotiated, from the Romanian state, by the Ministry of Justice and the Ministry of Foreign Affairs. + Chapter 2 Conditions for extradition + Section 1 Conditions relating to the person + Article 4 Persons subject to extradition Persons whose surrender is requested by another state in which they are prosecuted or are sent to trial for the commission of a crime or are sought for the execution of a criminal sentence are subject to extradition. + Article 5 Exempted persons (1) They cannot be extradited by Romania: a) Romanian citizens; b) persons granted the right to asylum in Romania; c) foreign persons who enjoy in Romania immunity from jurisdiction, under the conditions and within the limits conferred by conventions or other international agreements; d) foreign persons quoted from abroad for hearing as parties, witnesses or experts before a requesting Romanian judicial authority, within the limits of immunities conferred by international convention. (2) The extradition of any other foreign person may be refused or deferred, if its surrender is liable to have consequences of particular gravity for it, in particular because of its age or state of health. In case of refusal of extradition, the provisions of art. 7 7 para. (1) shall apply accordingly, and in case of postponement of extradition, the prescription of criminal action or the execution of the sentence shall be suspended. + Article 6 Date of immunity (1) The quality of Romanian citizen or political refugee in Romania is appreciated at the date of the decision on extradition. If this quality is recognised between the date of the judgment on extradition and the date envisaged for the surrender, a new ruling in question will be delivered. (2) Provisions art. 461 lit. d) of the Code of Criminal Procedure shall apply accordingly. + Article 7 Obligations in case of non-extradition (1) The refusal of extradition of his own citizen or of the political refugee obliges the Romanian state that at the request of the requesting state to submit the case to its competent judicial authorities, so that prosecution and judgment can be exercised, if it is Case. To this end, the requesting state would transmit to the Romanian Ministry of Justice free of charge the files, information and objects regarding the The requesting State will be informed of the outcome of its request (2) If Romania opts for the solution of refusal of extradition of a foreigner, accused or convicted in another state for serious crimes or for those criminalized by international conventions that do not impose another way of repression, examination their own competence and exercise, if applicable, of criminal action shall be made ex officio, without exception and without delay. The requested Romanian authorities decide on the same conditions as for any crime of a serious nature provided for and punished by the Romanian law. + Section 2 Conditions relating to facts + Article 8 Double criminalization ((1) Extradation may be admitted only if the act for which the person whose extradition is sought is accused is provided as a criminal offence by both the law of the requesting State and the law of the requested State. (2) The differences existing between the legal qualification and the name given to the same crime by the laws of the two states do not present the relevance, if by international convention or, in its absence, by declaration of reciprocity is not provided otherwise. + Article 9 Political offences ((1) Extradation shall not be granted if the offence for which it is requested is considered by the requested State as a political offence or as the related act of such a crime. (2) The same rule applies if the requested State has thorough grounds to believe that the request for extradition motivated by a common law offence was presented with a view to pursuing or punishing a person for reasons of race, religion, nationality or political opinion, or that the situation of this person risks being aggravated for one or another of these reasons. (3) In the application of this law, the attempt at the life of a head of state or a member of his family shall not be considered a political offence. (4) Also, they are not considered political crimes: a) crimes against humanity provided by the Convention for the Prevention and Suppression of the Crime of Genocide, adopted on 9 December 1948 by the United Nations General Assembly; b) the offences provided in art. 50 of the 1949 Geneva Convention to improve the fate of the injured and sick in the armed forces in the campaign, in art. 51 of the 1949 Geneva Convention to improve the fate of the injured, sick and shipwrecked of the maritime armed forces, in art. 130 of the 1949 Geneva Convention on the treatment of prisoners of war and art. 147 of the 1949 Geneva Convention on the Protection of Civil Persons in Time of War; c) any similar violations of the laws of war, applicable on the date of entry into force of the Additional Protocol to the European Extradition Convention, and of the customs of war existing at that time, which are not provided by the provisions of the Geneva Conventions referred to in lett. b). (5) Also, in connection with the requirements of extradition between States Parties to the European Convention for the Suppression of Terrorism, the offences referred to in art. 1 1 and 2 of the Convention may not be considered, on a case-by-case basis, as political offences or as related offences to such offences or as offences inspired by political mobiles. If he opts, in such situations, for the solution of refusal of extradition, Romania will submit the case, without any exception and without undue delay, to its competent authorities to exercise the criminal action, if: a) created a collective danger to life, bodily integrity or freedom of persons; b) has affected foreign persons by the mobiles that determined it; c) cruel or perfidious means were used for committing it. (6) Provisions of para. (5) shall apply accordingly in the case of acts of conspiracy or association in order to commit crimes, if such forms of association constitute one or more crimes referred to in art. 1 1 or 2 of the European Convention for the Suppression of Terrorism, or whether the terrorist association refers to offences in the field of drug trafficking or other forms of organised crime. ((7) Provisions of para. ((2) shall remain applicable for the situations referred to in paragraph 1. ((5) and (6). (8) The application of this Article does not affect the obligations that the Romanian State has assumed or will assume according to any other international convention of a multilateral nature. + Article 10 Military offences Extradition motivated by military offences that do not constitute common law offences is excluded from the scope of this law. + Article 11 Tax offences (1) In matters of taxes, customs and foreign exchange, extradition will be granted between the States Parties to the European Extradition Convention and its Protocols, according to the provisions of these international agreements, for acts to which they correspond, according to the law of the requested state, crimes of the ((2) Extradation cannot be refused for the reason that the legislation of the requested State does not impose the same type of taxes or duties or does not include the same type of regulation in terms of taxes, customs or foreign exchange as the legislation requesting State. + Section 3 Conditions for punishment + Article 12 Gravity of The extradition is requested and, respectively, granted by Romania, in order to pursue or prosecute, only for acts whose commission attracts, according to the legislation of the requesting state and that of the requested state, a custodial sentence of greater for 2 years, and for the execution of a criminal sanction, only if it is more than one year. + Article 13 Capital punishment If the act for which extradition is sought is punishable by death by the law of the requesting state, extradition can only be granted on condition that the state gives assurances considered as indestulating by the Romanian state as the capital punishment will not be executed, and will be commuted. + Article 14 Penalty of suspension of execution The person sentenced to a custodial sentence with conditional suspension of execution can be extradited in case of partial suspension, if the sentence of the sentence remaining to be executed responds to the gravity requirements provided in art. 12 and there are no other legal impediments to extradition. + Section 4 Conditions for jurisdiction + Article 15 Place of offence (1) Romania may refuse to extradite the person complained of for a crime which, according to the Romanian legislation, was committed in everything or in part on its territory. When the decision is taken, the cases in which the pursuit and judgment in the territory of the requesting State are justified shall be justified either by the finding of the truth or by the possibility of applying a suitable sanction or ensuring the social reintegration of extraditable person. (2) When the offence, motivating the request for extradition, was committed outside the territory of the requesting state, extradition can be refused only if the legislation of the Romanian state does not authorize the pursuit of a crime of the same kind, committed in outside its territory, or does not authorise extradition for the offence subject to the application. (3) In the cases provided in par. (1) and (2), if the Romanian state opts for the refusal solution of extradition, the provisions of art. 7 become applicable. + Section 5-a Conditions for the procedure + Article 16 Parallel pursuits (1) The Romanian state may refuse to extradite a person complained about, if it is also under the prosecution of the Romanian judicial authorities for the act or the facts in relation to which extradition is requested, or for any other acts. (2) The requesting State shall be notified at the appropriate time of the manner in which the Romanian authorities have settled the case, in the event that the extradition was refused. + Article 17 Lack of prior complaint Extradition is not granted if, according to the legislation of both states, criminal action can only be committed to the prior complaint of the injured person, and this person opposes extradition. + Article 18 Right of defence Romania will not grant extradition in cases where the accused person would be tried in the requesting state by a court that does not provide the fundamental guarantees of procedure and protection of rights to the defense or a national court instituted that is for the case, or if the extradition is required for the execution of a sentence handed down by that court. + Article 19 Judgment in absentia (1) If a person is requested to be extradited in order to execute a sentence handed down by a judgment given in absentia against him, the Romanian state may refuse extradition for this purpose, if it considers that the trial procedure has not satisfied the minimum of rights to the defense recognized to any person accused of a crime. However, extradition will be granted if the requesting State assures that it is sufficient to guarantee that the person whose extradition is required is entitled to a new trial procedure to safeguard his rights of defence. This judgment entitles the requesting State to either move to a new judgment in question, in the presence of the convict, if he does not resist, or pursue him extradited, otherwise. (2) When the Romanian state communicates to the person whose extradition is requested the judgment given in absentia against him, the requesting state will not consider this communication as a notification that draws effects to the criminal procedure in this state. + Article 20 Non bis in idem (1) Extradation shall not be granted when the person complained of has been definitively judged by the competent authorities of the Romanian state for the act or acts for which the extradition is requested. (2) Extradation can be refused if the competent authorities of the Romanian state have decided not to undertake criminal prosecutions or to end the consequences they have exercised for the same act or the same facts. ((3) The extradition of a person who has formed the subject of a final judgment in a third country, a Contracting Party to the European Extradition Convention, for the act or the facts that motivates the request presented, shall not be granted when: a) by that decision the acquittal of that person was pronounced; b) the custodial sentence was fully executed or was the subject of a pardon or amnesty, in its entirety or on the unexecuted part; c) the judge found the guilt of the offender without ruling any sanction. (4) However, in the cases provided in par. ((3) extradition may be granted if: a) the act that formed the object of the judgment was committed against a person, an institution or a good having a public character in the requesting state; b) the person who was the subject of the judgment had himself a public character in the requesting State; c) the act that gave way to the judgment was committed, in whole or in part, on the territory of the requesting state. (5) Provisions of para. ((3) and (4) do not preclude the application of the broader rules, from national law, with regard to the effect of non-bis in idem recognised by the courts of law. + Article 21 Prescription ((1) Extradation shall not be granted if the prescription of the criminal action or the prescription of the sentence is fulfilled according to the legislation, either of the requesting state or of the requested state. (2) According to the Romanian law, the fulfillment of the prescription is calculated in accordance with the provisions 122-124 of the Criminal Code. (3) The filing of the extradition request interrupts the previously unfulfilled prescription. + Article 22 Amnesty The extradition is not admitted for an amnesty-covered offence in the requested state, if he had jurisdiction to pursue this offence, according to his own criminal law. + Article 23 Pardon The act of pardon adopted by the requesting State makes the request for extradition inoperative, even if the other conditions of the extradition are fulfilled. + Chapter 3 Extradition procedure + Section 1 Passive extradition + Article 24 Aid application and acts (1) The extradition request, made in writing by the competent authority of the requesting state, shall be addressed to the Romanian Ministry of Justice. If the request is addressed diplomatically, it is transmitted to the Ministry of Justice. Another way can be agreed by direct understanding between the requesting state and the requested Romanian state. (. In support of the application, they shall: a) the original or authentic copy of either a judgment of enforceable conviction or of an arrest warrant or of any other act having equal power, issued in the forms prescribed by the law of the requesting State. The authentication of the children on these documents shall be made free of charge by the competent court or prosecutor's office, as b) an exposure of the facts for which extradition is required. The date and place of their commission, their legal qualification and references to the legal provisions applicable to them shall be indicated in the most exact manner possible; c) a copy of the applicable legal provisions or, if this is not possible, a declaration on the applicable law, as well as the most accurate signage of the person complained about and any other information likely to determine the identity and its nationality; d) data on the duration of the unexecuted sentence, in the case of the request for the extradition of a convicted person who executed only part of the sentence. + Article 25 Additional information If the information communicated by the requesting state proves insufficient to allow the Romanian state to pronounce a decision in the application of this law, it will be required to complete the necessary information and a term of record will be fixed for obtaining this information. In this situation, if the court establishes a procedural measure likely to prevent the disappearance of the person complained about, it will be able to be released. + Article 26 Contest of requests (1) If the extradition is requested by several states either for the same act or for different facts, the Romanian side decides, taking into account all the circumstances and, in particular, the gravity and the place of the crime, the data the submission of those applications, the nationality of the person complained of, the existence of reciprocity of extradition in relation to the Romanian State and the possibility of subsequent extradition to another requesting State. (2) About the existence of the contest of requests The Ministry of Justice will urgently notify the competent authorities of the states in relation + Article 27 Languages used The application and the documents to be presented will be written in the language of the requesting state and will be accompanied, as far as possible, by translations in Romanian or in French or English. Through direct understanding between the two states can also be agreed on translation into another language. + Article 28 Expenditure (1) The extradition expenses shall be borne by the Romanian state requested, if they have been carried out on its territory and if there is reciprocity. (. The transit expenditure shall be borne by the requesting State. + Article 29 State law requested Unless otherwise provided for in international conventions, the Romanian state law is the only one applicable to the extradition procedure, as well as to that of the provisional arrest. + Article 30 Receiving request (1) The extradition request and the Annexes, addressed by the competent authority of the requesting State on any of the paths referred to in art. 24 24 para. (1), the Ministry of Justice shall be transmitted It will urgently take a summary examination of the international regularity of the application, in particular to ascertain whether: a) between Romania and the requesting state there are conventional rules or an understanding on the declaration of reciprocity for extradition; b) there is another disrimant impediment in the employment of the procedure, such as the non-existence in Romania of the person complained about or his death; c) the request and the documents regarding the extradition for judgment or for the execution of the sentence are accompanied by translations according to the provisions of art 27. (2) In the cases referred to in par. ((1) lit. a) and b) The Ministry of Justice shall return the request and the documents to the requesting foreign authority, explaining the If the extradition request and the attached documents are not accompanied by translations in Romanian the Ministry of Justice has the competent court or prosecutor's office to take measures to carry out a translation as urgent as possible. + Article 31 Referral to the Public Ministry Except for the refund cases provided for in art. 30 30 para. (2), the request for extradition and the annexes shall be transmitted by the Ministry of Justice, no later than 5 days, to the prosecutor general of the prosecutor's office of the court of appeal in whose territorial area the presence of the person complained or, if it is not known the place where the person is, the prosecutor general of the Prosecutor's Office of the Court of Appeal of Bucharest. + Article 32 Court referral The competent attorney general shall, within 24 hours of the receipt of the request for extradition and of the annexed acts, to identify and arrest for the extradition of the person complained of, to whom the arrest warrant is handed, as well as the other acts transmitted by the requesting State authorities. The one complained about is then filed at the penitentiary, after which the attorney general immediately notifies the competent court of appeal. The Court of Appeal, in a panel of two judges, shall examine and rule on the state of arrest for extradition purposes. + Article 33 Provisional arrest (. In the event of an emergency, the competent authorities of the requesting State may request the provisional arrest of the person concerned, even before the extradition request is made. The competent Romanian authorities shall settle the application under the conditions of 29. (2) The request for provisional arrest must indicate the existence of a warrant for the arrest or execution of a sentence and makes known the intention to transmit the extradition request. The arrest request will include information about the crime for which extradition will be requested, the time and place where it was committed, as well as, as far as possible, the signage of the person sought. (3) The provisional arrest request will be sent to the Ministry of Justice, directly by post, telegraph, telex or fax, either by diplomatic means or by the International Criminal Police Organization (Interpol), being able to use any other means that leave a written mark or which is approved by the requested State. The request shall be sent to the competent attorney general, who shall immediately arrange for the identification and arrest for the extradition of the following, and then refer the matter to the court of appeal for the further handling of the application. The requesting foreign authority will be informed without delay, through the Ministry of Justice, about the following date of the request. (4) The provisional arrest will be able to cease if, within 18 days from the arrest of the person followed, the Romanian state was not notified by the extradition request and the documents mentioned in art. 24 24 para. ((2). The provisional arrest will cease anyway after 40 days, if during this time period the request for extradition and necessary documents are not received. The appellate court may also at any time dispose of the provisional release, but taking the necessary legal measures to avoid the flight of the person complained of. ((. The provisional release shall not preclude a further arrest for extradition or extradition if the request for extradition is subsequently received. (6) The duration of the arrest will be computed. + Article 34 Procedure at the Court of Appeal (1) The extraditable person shall be brought before the appellate court as soon as possible, but no later than 8 days after the date when the Attorney General has notified his request for extradition and the other acts. The citation of the extraditable person can be made by any means of rapid notice or will be brought with a warrant. (2) At the first term the court proceeds to take the questioning of the extraditable person, who will be assisted free of charge by an interpreter and a lawyer ex officio, if there is no elected lawyer. The prosecutor's presence is mandatory The procedure is public, if the person complained about or the prosecutor does not oppose, oral and contradictory. (3) The person complained of or the hearing prosecutor may ask the court for an additional period of another 8 days, for reasons sufficiently justified. The Prosecutor's Office is obliged to contribute to the procurement of the necessary data and documents to determine whether the conditions of extradition are fulfilled and to order the lifting and submission to the court of the objects to which art refers. 48. (4) After questioning the extraditable person may opt either for voluntary extradition or for the continuation of the proceedings, in case of resisting extradition. + Article 35 Voluntary extradition The person complained has the right to declare before the court that he gives up the benefits he can give him the law, to defend himself against the extradition request, and that he gives his consent to be extradited and handed over to the competent authorities of requesting State. His statement is recorded in a minutes, signed by the presiding judge, the Registrar, the extraditable person, her lawyer and the interpreter. After the court finds that the extraditable person is fully aware of the consequences of his option, the court, also taking the prosecutor's conclusions, examines whether there is any impediment that excludes extradition. If the voluntary extradition is found to be admissible, the court takes note of it by sentence and also has on the preventive measure necessary to be taken until the surrender of the extraditable person. The sentence is drafted within 24 hours and is immediately transmitted, in legalized copy, to the Ministry of Justice, to proceed according to the law. + Article 36 Opposition to the extradition of the applicant If the person complained is opposed to the extradition request, she will be able to make her oral and written appearances; at the same time she will be able to propose evidence. Art. 34 34 para. ((2) are applicable. + Article 37 Appeals court solutions (1) After examining the request for extradition, the evidentiary assembly and the conclusions presented by the complained party and the prosecutor the court of appeal may: a) to order, in the case of the contest of applications provided for in 26, the connection of the files, even if they relate to different facts or are registered with different courts of appeal, the territorial jurisdiction belonging to the first notified court of appeal; b) to order, in case of need to receive additional information from the requesting state according to art. 25, postponing the resolution of the extradition request for a period of two months, with the possibility of reiterating the application and granting a final deadline of two more months; c) to find, by sentence, whether or not the conditions of extradition are met. (2) The appellate court is not competent to rule on the merits of the prosecution or conviction for which the foreign authority seeks extradition or the opportunity of extradition. ((. Where the appellate court finds that the conditions for extradition are not met, it shall decide to reject the application for the extradition and release of the person complained of. The sentence is motivated in 24 hours and is transmitted to the Ministry of Justice. Against the sentence he can declare an appeal, within 5 days, the Prosecutor General of the Court of Appeal, ex officio or at the request of the Minister of Justice. The appeal is introduced at the Criminal Section of the Supreme Court of Justice and is suspensive of execution. The decision of the Supreme Court of Justice is final and communicated by the Ministry of Justice to the competent authority of the requesting ((. If the appellate court finds that the conditions for extradition are fulfilled, it shall decide to grant the extradition request. The sentence shall be reasoned within 5 days from the date of delivery. The sentence can be appealed. Holders of the appeal are the attorney general of the appellate court and the complained party. The appeal is suspensive of execution. The appeal is made within a period of no more than 10 days and is within the jurisdiction of the Criminal Section of the Supreme Court of Justice. The extradition decision remaining final by non-recovery or by the rejection of the appeal by the Supreme Court of Justice is final and shall be submitted to the Minister of Justice, who within 5 days shall issue an order implementing the the extradition ruling. No further appeal and no action before the courts can be exercised against the order of the Minister of Justice. ((5) The provisions regarding the appeal of the appeal, provided in par. ((3), shall also apply in cases where the appellate court rules in connection with the postponement of extradition, the admission under condition of extradition, the consent of the extension of the object of extradition and the reextradition to a third State. (6) In the case of extraditions under condition, provided in art. 13 and 19, the court of appeal will mention in the device of the sentences the conditions provided in those articles. (7) In the cases provided in art. 7 7, art. 9 9 para. ((5), art. 15 and 20, regarding the refusal of extradition for certain categories of persons or genres of crimes, the court of appeal shall notify the Public Ministry of the legal obligation to submit those cases for examination to the Romanian judicial authorities skills. In the case provided in art. 16 16 para. (2) the notification is transmitted to the Ministry of Justice, which will communicate it to the foreign state (8) In case of admission of extradition, if objects are remitted according to art. 48, mention is made about it in the sentence, possibly annexing an inventory. (9) In the case provided in par. ((1) lit. b), if the extraditable person is in custody, the court, ex officio, will reexamine every 30 days the need to maintain the measure of arrest. + Article 38 Rules on tracking and judgment The rules of criminal procedure concerning the pursuit, judgment and enforcement are also applicable in the extradition procedure, insofar as the present law is not otherwise ordered. + Section 2 Active extradition + Article 39 Legal framework Provisions head. I and II shall apply accordingly if Romania makes an extradition request to another State. + Article 40 Request for extradition (1) The request for extradition shall be made by the Romanian state to a foreign state, to the reasoned proposal of the prosecutor competent in the prosecution phase, and in the stage of judgment or execution of the decision, to the reasoned proposal of the president competent court. The initiation of this procedure is mandatory in all cases where the request is required. The provisions contained in this Law shall apply accordingly. (2) The order of the prosecutor or the conclusion of the president of the court, proposing to seek extradition, accompanied by the acts referred to in art. 24 24 para. (2), as well as any other documents necessary for obtaining the extradition shall be submitted, as the case may be, to the competent attorney general or the Ministry of Justice (3) The competent attorney general or the head of the specialized department of the Ministry of Justice, as the case may be, shall examine the international regularity of the acts received and, after directing the initiating judicial authority to make any corrections necessary, draw up and submit to the Minister of Justice either the draft extradition request or an act requesting the ranking of the extradition proposal. (4) The Minister of Justice, if he reckons that the proposed extradition to be requested is founded, finalize and sign the extradition request. (5) The request for extradition and the annexes shall be sent to the state requested on one of the ways referred to in 24 24 para. ((1). (6) If the requested State requires a supplement of acts, they shall be transmitted in the same way. ((7) The translation of the request for extradition and of the documents shall be ensured, as the case may be, by the Public Ministry or Art. 27 27 shall apply accordingly. (8) The procedure referred to in this Article shall be confidential. + Article 41 Provisional arrest If the competent court of appeal, on the basis of the arrest or enforcement warrant given in the general pursuit, considers that extradition is required under emergency conditions, it requests, through the Romanian Office for Interpol or another legal route, the arrest provisional of the pursuit, immediately notifying about this Ministry of Justice. Art. 33 33 shall apply accordingly. + Article 42 Reciprocity In the absence of the international convention, the Minister of Justice, also taking the opinion of the Minister of Foreign Affairs, is empowered to give the state requested reciprocity insurance on behalf of If the foreign state makes the admission of extradition conditional on the fulfilment of regulations different from those of the Romanian domestic law, the provisions of art 3 3 shall apply, as appropriate, where the negotiation of the cartel is accepted. + Article 43 Retrial of extradition Ensuring the retrial of the case in the presence of the extradited person, under the conditions provided 19 19 para. (1), will be given by the Minister of Justice by the request for extradition. + Article 44 Receiving the extradition The provisions on surrender-taking over the extradited person provided for in art. 45 45 shall apply accordingly. + Chapter 4 Effects of extradition + Section 1 Obligations of the Romanian State + Article 45 Surrender of extradition (1) The Romanian part shall make known as a matter of urgency to the requesting party, on the path provided in 24 24 para. (1), the solution adopted on extradition, while communicating an extract from the final decision. ((2) Any solution of total or partial rejection shall be reasoned. (3) In case of extradition, the requesting State shall be informed of the place and date of the surrender, as well as of the duration of the arrest for extradition, executed by the person complained about. (4) The place of surrender will, as a rule, be a border point of the Romanian state. The Interior Ministry of Romania will ensure the handover, then communicating about this Ministry of Justice. The extradited person is handed over and taken over under escort. (5) Subject to the case provided in par. ((6), if the person complained about will not be taken over on the set date, it will be possible to be released on the expiry of a period of 15 days, counted from this date; this term will not be able to be extended until at most another 15 days. (6) In the event of force majeure preventing the surrender or receipt of the person subject to extradition, the interested State shall inform thereof the other State. Both states will agree on a new teaching date, the provisions of par. ((4) being applicable. + Article 46 Reextradition If the extradited person evades the prosecution or the judgment or the execution of the sentence and returns to the territory of the Romanian state, she will be able to be extradited again. In this case, the documents provided for in art. 24 24 para. (2), but insurance is given for the case of reciprocity. + Article 47 Deferred or conditional surrender (1) The Romanian state will be able, after the extradition has been accepted, to postpone the surrender of the extradition, if it is accused or indicted before the Romanian judicial authorities, or has to execute in Romania a punishment for another crime than the one for which the extradition was requested and granted. (2) In case of postponement, extradition may become effective only after the criminal proceedings have ended, and when a judgment of custodial sentence has been ruled, only after the punishment has been executed or considered as executed. (3) If the postponement of extradition could entail the limitation of the limitation period of criminal action in the requesting State or create in that State great difficulties for establishing the facts, temporary extradition may be granted, provided that express that the person extradited be sent back to the Romanian state immediately after the procedural documents for which the temporary extradition was granted. + Article 48 Remission of objects (1) At the request of the requesting state the Romanian state shall retain and remit, to the extent permitted by the Romanian law, the objects that a) may be used as evidence; b) coming from the crime, were found at the time of arrest in the possession of the person claimed to be extradited or were later discovered. ((2) Remitting of the objects referred to in par. ((1) will be carried out even if the extradition, which has already been admitted, could not take place as a result of the death or escape of the person complained about. (3) When the objects referred to in par. (1) are likely to be seized or confiscated on the territory of the requested Romanian state, it will be able, in order for a criminal procedure in progress with its judicial authorities, to keep them temporarily or to remit them under the condition of restitution. The right of the victim of the crime to obtain the rapid return of preserved objects will also be taken into account. (4) However, the rights that the Romanian state or third parties would have acquired on these objects remain reserved. If such rights exist, the objects will be returned, at the end of the process, as soon as possible and without expenses, to the requested state. + Article 49 Transit (1) The transit through the territory of the requested Romanian state will be approved on request, addressed on the path provided in art. 24 24 para. (1), provided it is not a crime considered by Romania as having a political or military character, taking into account the provisions of art. 9 9 and 10. (2) The transit of a Romanian national, within the meaning of art. 5 5 para. ((1) lit. a) and b), will be refused. (3) Subject to the provisions of paragraph (4), the presentation of the documents provided for in 24 24 para. ((2) is necessary. (. Where the air route will be used, the following shall apply: a) when a landing is not provided, the requesting state will notify the Romanian state about the overflight of the territory of Romania and will attest to it the existence of one of the documents provided 24 24 para. ((2) lit. a). In case of forced landing, this notification will produce the effects of the provisional arrest request provided by art. 33, and the requesting State shall immediately address a formal request for transit; b) where a landing is provided, the requesting State shall address a formal transit request. (5) The transit of the extradited person will not be carried out by crossing a territory where there would be reason to believe that his life or freedom could be threatened for reasons related to his race, religion, nationality or political views. + Section 2 Obligations of the applicant + Article 50 Receiving the extradition The extradited person, brought to Romania, will be urgently handed over, as the case may be, to the prison administration or the competent judicial authority, in relation to the kind of incarceration mandate. If the extradite is to serve a final sentence, he will be deposited at the penitentiary. If the extradition was convicted in absentia, he will be retried on request, after the procedure provided for in art. 19 19 para. ((1). In case of prosecution or trial, the domestic law shall become applicable. With regard to pre-trial detention, the judgment will be taken by the competent court, in relation to the prosecution or trial. + Article 51 Specialty rule (1) The person who will be taught as an effect of extradition shall neither be pursued, nor judgment, nor held for the execution of a sentence, nor subject to any other restriction of his individual freedom, for any fact prior to surrender, another than the one who motivated the extradition, except when: a) the Romanian state that taught it consent; the requesting state will present for this purpose an application, accompanied by the acts provided for in art. 24 24 para. (2) and a judicial record in which the statements of the extradition are recorded; this consent can be given when the crime for which it is requested attracts itself the obligation of extradition according to the present law; b) having the possibility to do so, the extradited person did not leave, within 45 days of his final release, the territory of the state to which he was handed over, or if he returned there after leaving him. (2) The requesting State may, however, take the necessary measures with a view, on the one hand, of a possible reference of the person on its territory, and on the other hand, of the interruption of the prescription according to its legislation, including the use of a the missing procedure. (3) When the qualification given to the incriminated deed will be modified during the proceedings, the person extradited shall not be pursued or judged unless the constituent elements of the retrained offence would allow the extradition. + Article 52 Re-extradition to a Third State Unless provided for in art. 51 51 para. ((1) lit. b), the consent of the Romanian state is necessary to allow the requesting state to hand over to another state the person who was handed over to him and who would be sought by the third state for crimes prior to teaching. The Romanian side will be able to request the presentation of the documents 24 24 para. ((2). + Chapter 5 Apparent extradition + Article 53 Serious international crimes When, exceptionally, the request for surrender could result from special international acts, such as the statutes of international criminal courts, the remission for prosecution and the judgment of persons accused of committing serious crimes shall be examine by a separate legal procedure. + Article 54 Extradition fraud The surrender of a person by expulsion, readmission, remanagement at the border or other measure of the same kind is prohibited whenever he hides the will to circumvent the rules of extradition. + Chapter 6 Final provisions + Article 55 In Article 28 ^ 1 of the Code of Criminal Procedure, paragraph 1 is completed with the letter e) with the following contents: " e) the cases concerning extradition. ' + Article 56 This Law shall enter into force after 30 days from the date of its publication in the Official Gazette of Romania, Part I. Law no. 4/1971 on extradition, published in the Official Bulletin, Part I, no. 35 35 of 18 March 1971, as well as any other provisions to the contrary. This law was adopted by the Senate at the meeting of May 4, 2001, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, ALEXANDRU ATHANASIU This law was adopted by the Chamber of Deputies at the meeting of May 10, 2001, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, OVIDIU CAMELIU PETRESCU --------------