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Law No. 224 Of 1 June 2006 Amending And Supplementing Law No. 302/2004 On International Judicial Cooperation In Criminal Matters

Original Language Title:  LEGE nr. 224 din 1 iunie 2006 pentru modificarea şi completarea Legii nr. 302/2004 privind cooperarea judiciara internaţională în materie penala

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LEGE no. 224 224 of 1 June 2006 to amend and supplement Law no. 302/2004 on international judicial cooperation in criminal matters
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 534 534 of 21 June 2006



The Romanian Parliament adopts this law + Article I Law no. 302/2004 on international judicial cooperation in criminal matters, published in the Official Gazette of Romania, Part I, no. 594 of 1 July 2004, shall be amended and supplemented as follows: 1. Article 1 shall read as follows: "" ARTICLE 1 Scope of application (1) This law applies to the following forms of international judicial cooperation in criminal matters: a) extradition; b) surrender on the basis of a European arrest warrant; c) the transfer of proceedings in criminal matters; d) recognition and enforcement of decisions; e) transfer of convicted persons; f) judicial assistance in criminal matters; g) other forms of international judicial cooperation in criminal matters. (2) The present law does not apply to the specific modalities of international police cooperation, if, according to the law, they are not under judicial control. " 2. Article 2 shall read as follows: "" ARTICLE 2 Definition of terms and expressions For the purposes of this law, the following terms and expressions are defined as follows: a) requesting State-the State which makes an application in the fields covered by this Law; b) requested State-the state to which an application is addressed in the fields covered by this Law; c) central authority-that authority so designated by the requesting State or by the requested State, in application of the provisions of international conventions; d) judicial authority-the courts and prosecutors ' offices, established according to the Romanian law, as well as the authorities that have this quality in the requesting state, according to the latter's statements to the instruments applicable international; e) the person pursued-the person who is the subject of an international pursuit mandate; f) the extraditable person-the person forming the subject of an extradition procedure; g) extradited or extradited person-the person whose extradition has been approved; h) active extradition-the extradition procedure in which Romania has the status of an applicant state; i) passive extradition-extradition procedure in which Romania has the status of state requested; j) the requested person-the person subject to a European arrest warrant; k) conviction-any punishment or safety measure imposed as a result of the commission of a crime; l) safety measure-any custodial or restrictive measure of freedom that has been ordered for the completion or replacement of a sentence by a criminal decision; m) judgment-a court decision declaring a conviction; n) state of conviction-the state in which the person who can be transferred or who has already been transferred has been convicted; o) state of execution-the state to which the convict can be transferred or has already been transferred for the execution of the sentence or the safety measure applied; p) national of a state of conviction or execution, in the case of Romania, is the Romanian citizen; r) within the meaning of Title III of this Law, the issuing judicial authority is the judicial authority of a Member State of the European Union, competent to issue a European arrest warrant, according to the law of that State; s) within the meaning of Title III of this Law, judicial enforcement authority is the judicial authority of a Member State of the European Union, competent to execute a European arrest warrant, according to the law of that state; s,) within the meaning of Title III of this Law, the issuing Member State is the Member State of the European Union in which a European Arrest Warrant has been issued; t) for the purposes of Title III of this Law, the executing Member State shall be the Member State of the European Union to which a European Arrest Warrant is addressed. " 3. Article 6 shall read as follows: "" ARTICLE 6 Reciprocity insurance If the Romanian state makes a request under the conditions of this law, based on international courtesy, ensuring reciprocity will be given by the Minister of Justice, for each case, whenever necessary, at the reasoned request of the the competent Romanian judicial authority. " 4. Article 7 shall read as follows: "" ARTICLE 7 Applicable law The requests addressed to the Romanian authorities in the fields covered by this law are fulfilled according to the Romanian norms of criminal procedural law, if by this law it is not provided otherwise. " 5. Article 8 shall be repealed. 6. Article 9 shall be repealed. 7. in Article 10, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) Provisions of para. ((1) shall not apply where an international treaty to which Romania is a party contains more favourable provisions in respect of the principle of non-bis in idem. " 8. Article 11 shall be repealed. 9. Article 12 shall read as follows: "" ARTICLE 12 Confidentiality The Romanian state has the obligation to ensure, as far as possible, at the request of the requesting state the confidentiality of the requests that are addressed to it in the fields covered by this law and the documents attached If the condition of maintaining confidentiality could not be ensured, the Romanian state will notify the foreign state, which will decide. " 10. In Article 13, the introductory part shall read as follows: "Applications made in the fields covered by Titles II and IV-VII of this Law shall be transmitted through the following central authorities:". 11. In Article 14, the title of the article and paragraphs 1, 2 and 3 shall read as follows: "" ARTICLE 14 Direct transmission ((. Applications for legal assistance in criminal matters may be transmitted directly by the requesting judicial authorities to the requested judicial authorities, if the international legal instrument applicable in the relationship between the requesting State and the requested State regulates this mode of transmission (2) In addition to the cases provided in par. (1), requests for legal assistance in criminal matters may be transmitted directly by the requesting judicial authorities to the judicial authorities requested in the event of an emergency, but a copy thereof will be transmitted simultaneously to the Ministry of Justice or to The prosecutor's office of the High Court of Cassation and Justice, as appropriate. (3) The procedure provided in par. ((1) and (2) will also be followed for the transmission of the response to urgent requests for judicial assistance in criminal matters. " 12. Article 16 shall read as follows: "" ARTICLE 16 Internal competence The competence of the Romanian authorities to make an application in the fields covered by this law or to execute such a request is established by the provisions of the following titles of this law, as well as by other pertinent normative acts. " 13. Article 17 shall read as follows: "" ARTICLE 17 Languages used (1) The applications provided for in Titles II and IV-VII addressed to Romania and the Annexes must be accompanied by a translation into Romanian or English or French. If the said documents are translated into a language other than the Romanian language, the central authority competent according to the provisions of art. 13 13 or the competent judicial authority, in the case of direct transmission, shall take measures to translate them as an emergency. (2) Applications referred to in par. (1), formulated by the Romanian authorities, and the Annexes will be accompanied by translations in one of the languages provided in the legal instrument applicable in relation to the requested state. Applications made under international courtesy and the Annexes will be translated into the official language of the requested State. The translation of the applications and the Annexes shall be carried out by the authority having the power to make the application. ((3) The answer to the requests addressed to Romania will be written in Romanian, its translation into the official language of the requesting state or in one of the English or French languages being optional, unless through the legal instrument the applicable international is otherwise available. (4) If the answer to the requests made by the Romanian authorities is not written in Romanian or accompanied by a translation into Romanian, the central authority competent according to the provisions of art. 13 13 or the competent judicial authority, in the case of direct transmission, shall take measures for its translation. 14. Article 18 shall read as follows: "" ARTICLE 18 Computer arrest (1) The duration of the arrest made abroad in the performance of a request made by the Romanian authorities under this law is taken into account in the Romanian criminal procedure and is calculated from the duration of the sentence applied by the Romanian courts. (2) The requested Romanian authorities are obliged to communicate to the competent authorities of the requesting state the information necessary to compute the duration of the arrest executed in Romania, based on a request to the Romanian judicial authorities 15. Article 19 shall be repealed. 16. Paragraph 1 of Article 20 shall read as follows: "" (1) The expenses occasioned by the fulfilment of a request covered by this law shall be borne, as a rule, by the requested State. 17. in Article 20, after paragraph 3, a new paragraph (4) is inserted, with the following contents: " (4) The expenses of the Romanian state shall be borne by the state budget and shall be included, as the case may be, in the budget of the Ministry of Justice, the Public Ministry and the Ministry of Administration 18. Article 21 shall read as follows: "" ARTICLE 21 Remission of objects and goods (1) If the application has as its object or involves the remission of objects or other goods, they may be handed over when they are not indispensable to proving a criminal act whose prosecution and judgment falls within the jurisdiction of the judicial authorities Novels. (2) The remission of objects and other goods may be postponed or made under the condition of the refund. ((3) Provisions of para. ((1) and (2) shall not affect the rights of third parties of good faith and the rights of the Romanian state when these objects and goods may return to it. ((. Objects and goods shall be surrendered only on the basis of a final judgment in this regard by the competent judicial authority. (5) In the case of requests for extradition, the surrender of objects and goods provided in par. ((1) may be effected even if extradition is not granted, in particular because of the fugitive or death of the extraditable person. " 19. The name of Chapter I of Title II shall read as follows: "" CHAPTER I Passive extradition " 20. Article 22 shall read as follows: "" ARTICLE 22 Persons subject to extradition May be extradited from Romania, under the conditions of this law, at the request of a foreign state, persons on its territory who are prosecuted or are sent to trial for the commission of a crime or are sought for execution a penalty or a safety measure in the requesting State. '; 21. Paragraph 3 of Article 23 shall be repealed. 22. Article 24 shall read as follows: "" ARTICLE 24 Extradition of Romanian citizens (1) Romanian citizens may be extradited from Romania on the basis of multilateral international conventions to which it is a party and on the basis of reciprocity, if at least one of the following conditions is fulfilled: a) the extraditable person domiciled in the territory of the requesting State at the time of the extradition request b) the extraditable person also has the nationality of the requesting c) the extraditable person committed the act on his territory against a citizen of a Member State of the European Union, if the requesting State is a member of the European Union. (2) In the case provided in par. ((1) lit. a) and c), when extradition is requested for prosecution or judgment, an additional condition is that the requesting State shall give assurances deemed sufficient that, in the case of conviction to a custodial sentence of freedom by a final court decision, the extradited person will be transferred in order to execute the sentence in Romania. (3) Romanian citizens may be extradited on the basis of the provisions of bilateral treaties and on the basis of reciprocity. (4) For the purpose of finding the conditions provided in par. ((.-(3), the Ministry of Justice may request the submission of an act issued by the competent authority of the requesting State. " 23. After Article 24, two new articles are introduced, Articles 24 ^ 1 and 24 ^ 2, with the following contents: "" ARTICLE 24 ^ 1 Mandatory grounds for refusal of extradition ((1) Extradation shall be refused if: a) was not respected the right to a fair trial within the meaning of the European Convention for the Protection of Human Rights and Fundamental Freedoms, concluded in Rome on 4 November 1950, or any other relevant international instrument in domain, ratified by Romania; b) there are serious reasons to believe that extradition is requested for the purpose of tracking or punishing a person on the grounds of race, religion, sex, nationality, language, political or ideological opinions or belonging to a particular social group; c) the situation of the person risks worsens from one of the reasons stated in lett. b); d) the application is made in a case before extraordinary courts other than those constituted by the relevant international instruments, or in order to execute a sentence imposed by such a tribunal; e) refers to a criminal offence of a political nature or a related offence of a political offence; f) refers to a military offence which does not constitute a common law offence. (2) They are not considered political offences: a) the attempt at the life of a head of state or a member of his family; b) 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; c) 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. 129 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; d) any similar violations of the laws of war, which are not provided for by the provisions of the Geneva conventions referred to in lett. c); e) the offences provided in art. 1 of the European Convention for the Suppression of Terrorism, adopted in Strasbourg on 27 January 1997, and in other relevant international instruments; f) the offences provided for in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted on 17 December 1984 by the United Nations General Assembly; g) any other offence whose political character has been eliminated by the international treaties, conventions or agreements to which Romania is a party. Article 24 ^ 2 Optional grounds for refusal of extradition (1) Extradation may be refused when the act that motivates the application is the subject of an ongoing criminal trial or when this act may be the subject of a criminal trial in Romania. (2) The extradition of a person may be refused or deferred, if his surrender is liable to have consequences of particular gravity for her, in particular because of her age or state of health. In case of refusal of extradition, the provisions of art. 25 25 para. ((1) shall apply accordingly. " 24. Article 28 shall read as follows: "" ARTICLE 28 Gravity of Extradition is granted by Romania, in order to prosecute or judge, for acts whose commission attracts according to the legislation of the applicant state and the Romanian law a custodial sentence of at least one year, and in order to the execution of a sentence, only if it is at least 4 months. " 25. Article 39 shall read as follows: "" ARTICLE 39 Passive extradition procedure (1) Extradation from Romania shall be decided by the judiciary. (2) The passive extradition procedure is of an urgent nature and is also carried out during the judicial holiday. (3) The role of the Ministry of Justice consists in carrying out the tasks conferred on it, as central authority, by law and international treaties to which Romania is a party. (4) In the exercise of powers of central authority, the Ministry of Justice, through the specialized direction, shall, in particular, perform the following activities: a) receipt of the extradition request; b) examination of the request for extradition and of the acts annexed to it from the point of view of international regularity, under the conditions provided in art. 40 40; c) the transmission of the request for extradition and the documents attached to it to the competent prosecutor general, under the conditions provided in 42 42; d) the reasoned refund of the extradition request and the documents attached to it, in the cases provided in art. 40 40 para. ((4); e) the execution, in collaboration with the Ministry of Administration and Interior, of the final decision ordering the extradition; f) the communication to the central authority of the requesting state of the solution given to the request for extradition or the request for provisional arrest for extradition, delivered by the competent judicial authority. " 26. Article 40 shall read as follows: "" ARTICLE 40 International regularity examination (1) The international regularity examination aims to verify the conformity of the extradition request and its annexed acts with the provisions of the applicable international treaties, including the statements made by Romania on the basis of the provisions multilateral conventions. (2) The Ministry of Justice, through the specialized direction, shall carry out, within 3 working days from the date of receipt of the application, the international regularity examination provided in par. (1), to ascertain whether: a) between Romania and the requesting State there are conventional rules or reciprocity for extradition; b) the application for extradition is annexed to the acts provided for by the applicable international treaty; c) the application and the documents attached to it are accompanied by translations, according to art. 17 17; d) there is one of the limits of the granting of judicial cooperation provided 3. (3) Also, in the international regularity examination, the Ministry of Justice verifies the existence of reciprocity regarding the extradition of its own citizens, if the extradition of a Romanian citizen is requested. ((4) If it finds the non-fulfilment of the conditions of international regularity referred to in par. ((2) lit. a) and b) and in par. ((3), as well as if the situation referred to in par. ((2) lit. d), the Ministry of Justice refunds the application and the annexes, explaining the reasons. If the extradition request and the attached documents are not accompanied by translations into Romanian, the competent prosecutor's office will take measures to carry out a translation as urgently as possible. ((5) In the case of requests for provisional arrest for extradition, the international regularity examination shall be carried out within 24 hours of receipt of the request. " 27. Article 41 shall read as follows: "" ARTICLE 41 Contest of applications (1) If the extradition is requested by several states either for the same act or for different facts, the Romanian state decides, taking into account all the circumstances and, in particular, the gravity and the place of committing the crimes, on the date of filing the respective applications, the nationality of the extraditable person, the existence of the extradition reciprocity in relation to the Romanian State and the possibility of further extradition to another requesting State. (2) On the existence of the contest of requests the Ministry of Justice will urgently notify the competent authorities of the requesting states. " 28. Article 43 shall read as follows: "" ARTICLE 43 Representation of applicant (1) In the passive extradition procedure, the requesting state is represented by the central authority and the Romanian Public Ministry. At the express request of the requesting State, its representatives may participate, with the approval of the competent court, in the resolution of the extradition request. (2) Provisions of para. ((1) shall also apply in the case of the active extradition procedure. '; 29. Paragraph 3 of Article 45 shall read as follows: " (3) The provisional arrest for extradition shall be ordered and extended by the same fully invested with the resolution of the extradition request, by a conclusion given in the council chamber. The conclusion can be appealed separately with appeal, within 24 hours of the ruling. The case will be submitted to the appeal court within 24 hours and the appeal is adjudicated within 24 hours. The appeal declared against the conclusion by which the arrest was ordered shall not be suspended. " 30. paragraphs 3 and 6 of Article 46 shall read as follows: " (3) The request for provisional arrest for extradition shall be sent to the Ministry of Justice, in order to carry out the examination provided for in 40 40, which shall apply accordingly. As a way of transmission you can use any means that leave a written trace and whose authenticity can be verified. ..................................................................... (6) The court, ex officio or at the referral of the competent prosecutor or at the request of the extraditable person, may order the termination of the provisional arrest measure for extradition if, within 18 days of taking the measure, the Romanian state was not notified by the request for extradition, accompanied by the documents provided in art. 38. Provisional arrest shall cease by right after the passage of a period of 40 days, if during this time period the request for extradition and necessary documents are not received, unless a bilateral treaty is provided for another the period of maximum duration of the provisional arrest period. '; 31. Paragraph 8 of Article 54 shall read as follows: " (8) The judgment on extradition can be appealed by the competent prosecutor general and the extraditable person, within 5 days of the ruling, to the Criminal Section of the High Court of Cassation and Justice. The competent attorney general may declare an appeal ex officio or at the request of the Minister 32. in Article 54, after paragraph 8, a new paragraph (9) is inserted, with the following contents: "" (9) The appeal declared against the judgment by which the extradition request was rejected shall be suspended. The appeal declared against the judgment by which extradition was ordered shall be suspensive of execution, except for the provisions relating to the state of provisional arrest for extradition. " 33. Paragraph 6 of Article 55 shall read as follows: "(6) The final judgment on extradition is communicated to the prosecutor general of the prosecutor's office of the court of appeal who tried the case in the first instance and to the specialized department of the Ministry of Justice." 34. paragraphs 4 and 5 of Article 62 shall read as follows: " (4) The decision on transit is taken by the Ministry of Justice. (5) The Ministry of Justice shall immediately notify the competent authority of the requesting State and the Ministry of Administration and the Interior. " 35. The name of Chapter II of Title II shall read as follows: "" CHAPTER II Active extradition " 36. Article 66 shall read as follows: "" ARTICLE 66 Competence The power to prepare and transmit the extradition requests on behalf of the Romanian state lies with the Ministry of Justice. " 37. After Article 66, a new article is inserted, Article 66 ^ 1, with the following contents: "" ARTICLE 66 ^ 1 International prosecution for extradition (1) If a warrant for preventive arrest or execution of the sentence cannot be carried out, as the defendant or the convict is no longer on the territory of Romania, the court that issued the preventive arrest warrant or the court execution, as the case may be, on the prosecutor's proposal referred to for this purpose by the police bodies, issues an international prosecution warrant for extradition, which is transmitted to the International Police Cooperation Center of the Ministry of Administration and Interior, in order to broadcast through specific channels. (2) The international prosecution warrant for extradition contains all the elements necessary to identify the person followed, a summary statement of the factual situation and data on the legal classification of the facts. (3) The international prosecution mandate may also contain the request for provisional arrest for extradition, under the conditions provided in art. 68. ((4) The signing of the Schengen Information System shall be equivalent to an international prosecution warrant for extradition. " 38. Article 67 shall read as follows: "" ARTICLE 67 Active extradition procedure (1) As soon as it is informed, by any means that leave a written mark and the authenticity of which can be verified, by the International Police Cooperation Center of the Ministry of Administration and Interior, by structure specialized, or by the Ministry of Justice, about the location on the territory of a foreign state of a person given in international pursuit or sought by the Romanian judicial authorities for carrying out a warrant for the execution of the sentence the prison or a warrant for pre-trial detention, the court of execution or the court which has issued the preventive arrest warrant shall determine, by a reasoned conclusion, whether the conditions laid down in this law are met in order to seek extradition. (2) The International Police Cooperation Center, through specialized structure, has the obligation to inform the executing court or the issuing court of the preventive arrest warrant as soon as the Central National Interpol Office correspondent notify that the person covered by the mandate has been located. The information will be transmitted directly, with a copy to the Ministry of Justice (3) The court shall rule by conclusion, in the council chamber, given by a single judge, with the participation of the prosecutor and without summoning the parties. The conclusion shall not be held in public session and shall be recorded in a special register. (4) The conclusion provided in par. (3) may be appealed by the prosecutor, within 24 hours of the ruling. The case file shall be submitted to the appeal court within 24 hours. The appeal shall be adjudicated no later than 3 days by the higher court. The appeal court will return the file to the first court within 24 hours of the appeal. (5) The final conclusion by which the conditions for the request of extradition are met, accompanied by the acts provided for in art. 38 38 para. (2), shall be communicated immediately to the Ministry of Justice The final conclusion by which it was found that the conditions for requesting extradition are not met shall be communicated to the Ministry of Justice no later than 3 days after the ruling. (6) Within 48 hours from the receipt of the conclusion that the conditions for requesting extradition and annexes are met, the Ministry of Justice, through the specialized direction, shall conduct a regular examination international, under the conditions provided in art. 40 40, which shall apply accordingly. (7) Depending on the conclusions of the international regularity examination, the specialized direction of the Ministry of Justice shall either draw up the request for extradition and transmit it, accompanied by the Annexes, to the competent authority of the requested State, or draw up an act proposing to the Minister of Justice, reasoned, to refer the matter to the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, in order to initiate the procedure for reviewing the final conclusion by which he was ordered request for extradition, informing in both situations the Centre for Police Cooperation International from the Ministry of Administration and Interior. If it finds that the documents are incomplete, before drawing up and submitting the extradition request, the specialized direction of the Ministry of Justice may request the competent court to transmit, within 72 hours, the acts additional required under the applicable international treaty. (8) If it considers that the conditions of international regularity are not met in order to seek extradition, the Minister of Justice shall notify, reasoned, the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, in to initiate the procedure for reviewing the final conclusion by which the extradition request was requested. The Minister of Justice cannot request the initiation of the review procedure for reasons other than those related to the conclusions of the international regularity (9) The request for revision shall be made within 5 days from the communication of the final conclusion to the Ministry of Justice and shall be resolved within 24 hours. (10) The court, if it finds that the request for review is based, annuls the contested conclusion. If the court finds that the request for review is unfounded, it rejects it, maintaining the conclusion under appeal. The judgment of the review court is final and is communicated within 24 hours of the ruling to the Minister of Justice and the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice. (11) The extradition request and the documents annexed to it accompanied by the acts provided for in art. 38 38 para. ((2) and of translations certified in the language of the requested state or in English or French, shall be transmitted to the competent authority of the requested state, on one of the ways provided in art. 38 38 para. ((1). ((12) If the person pursued is not provisionally arrested for extradition, the procedure provided for in this article shall be confidential, until such time as the requested State is invested with the request for extradition. " 39. After Article 67 two new articles are inserted, Article 67 ^ 1 and 67 ^ 2, with the following contents: "" ARTICLE 67 ^ 1 Withdrawal of extradition request (1) If the extraditable person is no longer under the power of the preventive arrest warrant or the execution warrant, the competent court, ex officio or at the request of the prosecutor, shall determine, by reasoned conclusion, that it no longer subsists the conditions laid down by law to seek extradition and immediately dispose of the withdrawal of the extradition request. The ruling is sent to the Ministry of Justice within 24 hours of the ruling. The Ministry of Justice is withdrawing the extradition request without delay, informing about this International Police Cooperation Center within the Ministry of Administration and Interior. (2) Provisions art. 67 67 shall apply accordingly. Article 67 ^ 2 Submission of additional information at the request of (1) If, in order to resolve the extradition request, the authorities of the foreign state request the transmission of additional information, they will be communicated, within the deadline set by the requested state authorities, through the Ministry of Justice or direct, by the competent court. ((2) The translation of documents shall be carried out by the Ministry of Justice or the competent court, as appropriate 40. In Article 68, paragraphs 1 and 2 shall read as follows: " (1) In the event of an emergency, such as the imminent leaving of the territory of the State requested by persons subject to an international prosecution warrant for extradition, the competent court may request, before the formulation of an application formal extradition, provisional arrest for the extradition of these persons. (2) If the request for provisional arrest for extradition is made subsequent to the transmission of the international tracking mandate, it shall be sent to the International Police Cooperation Center of the Ministry of Foreign Affairs. Administration and Interior and Ministry of Justice. " 41. In Article 68, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: " (2 ^ 1) The procedure provided for in par. ((1) and (2) has a confidential nature, until the provisional arrest for the extradition of the person pursued. The request for provisional arrest for extradition shall be recorded in a special register. ' 42. Article 69 shall read as follows: "" ARTICLE 69 Retrial of extradition Ensuring the retrial of the case in the presence of the extradited person, under the 34 34 para. ((1), is given by the Ministry of Justice. " 43. After Article 73, two new articles are inserted, Articles 73 ^ 1 and 73 ^ 2, with the following contents: " ARTICLE 73 ^ 1 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. 38 38 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. (4) In the case provided in par. ((1) lit. a) the request addressed to the foreign state is made by the Ministry of Justice, on the basis of the conclusion of the competent court to settle the case in the first instance, on the reasoned proposal of the Public Ministry or on the basis of is the case, if the extradition was granted after the extradition of the extradited person, as the case may be. Article 73 ^ 2 Effects of extradition under condition (1) If the extradition was granted under condition, the court that requested the extradition takes the necessary measures to comply with the condition imposed by the requested state and gives guarantees in this regard. ((. Where the condition imposed is the redeployment of the person extradited to the territory of the requesting State, the court shall order it to be accompanied by the competent authorities of the requesting State at the border. " 44. Paragraph 1 of Article 74 shall read as follows: " (1) The expenses on the extradition procedure carried out on the territory of Romania shall be borne by the Romanian state, through the budgets of the authorities and institutions involved, depending on the powers conferred on each of them by this law. Art. 20 20 para. ((4) shall apply accordingly. '; 45. Article 76 shall read as follows: "" ARTICLE 76 Representation of the requesting State in extradition proceedings (1) In the passive extradition procedure, the requesting state is represented by the central authority and the Romanian Public Ministry. At the express request of the requesting State, its representatives may participate, with the approval of the competent court, in the resolution of the extradition request. ((. The provisions of the preceding paragraph shall also apply in the case of the active extradition procedure. " 46. In Title II, after Chapter III, a new chapter is inserted, Chapter III ^ 1, comprising Articles 76 ^ 1-76 ^ 6, with the following contents: "" CHAPTER III ^ 1 Provisions for the implementation of legal instruments for extradition adopted at European Union level Article 76 ^ 1 Scope of application ((1) The provisions of this Chapter seek to implement the provisions of the Convention on the simplification of the extradition procedure between the Member States of the European Union, adopted on 10 March 1995, and of the Convention on Extradition Member States of the European Union, adopted on 27 September 1996, and the provisions on extradition of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks on common borders, Schengen, in relation to those Member States of the European Union which have Statements for the purposes of the non-application of the Council Framework Decision of 13 June 2002 on the European Arrest Warrant and the surrender procedures between the Member States of the European Union for acts committed before a certain date. (2) Head provisions. I and II of this Title shall apply accordingly, without prejudice to the obligations resulting from accession to the Convention on the simplification of the extradition procedure between the Member States of the European Union, adopted on 10 March 1995, and the Convention on Extradition between the Member States of the European Union, adopted on 27 September 1996. Article 76 ^ 2 Political offences In the application of the Convention on Extradition between the Member States of the European Union, adopted on 27 September 1996, no offence can be considered as a political offence. Article 76 ^ 3 Prescription, amnesty and other causes that remove criminal liability or the consequences of conviction (1) With regard to the prescription of criminal liability and the execution of the sentence, only the provisions of the legislation of the requesting state are applicable. (2) The amnesty granted by Romania does not prevent extradition, unless the act provided by the criminal law is the jurisdiction of the Romanian courts. (3) The absence of a prior complaint or of another condition necessary for the setting in motion of the criminal action, according to the Romanian law, is without prejudice to the obligation of extradition. Article 76 ^ 4 Extradition on excise duties, value added tax and customs duties The Romanian state grants the extradition for facts provided by the criminal law in the matter of excise duties, the value added tax and the customs matter, under the conditions provided by law. Article 76 ^ 5 Reporting in the Schengen Information System The alert introduced in the Schengen Information System has the same effect as a request for provisional arrest for extradition, within the meaning of art. 16 of the European Extradition Convention, concluded in Paris on 13 December 1957. Article 76 ^ 6 Simplified extradition The simplified extradition applies in relation to the Member States of the European Union, without checking the special conditions provided for in art. 50, whenever the conditions laid down in art. 49 49. " 47. Title III shall read as follows: "" TITLE III Provisions on cooperation with the Member States of the European Union in the application of Framework Decision no. 2002 2002 /584/JHA of the Council of the European Union of 13 June 2002 on the European arrest warrant and the surrender procedures between the Member States ' 48. Article 77 shall read as follows: "" ARTICLE 77 Definition of the European arrest warrant (1) The European Arrest Warrant is a judicial decision issued by the competent judicial authority of a Member State of the European Union, with a view to the arrest and surrender to another Member State of a person requested for carrying out to prosecute, to prosecute or for the purpose of serving a sentence or a custodial measure. (. The European Arrest Warrant shall be executed on the basis of the principle of mutual recognition and trust, in accordance with the provisions of Council Framework Decision no. 2002 /584/JHA of 13 June 2002, published in the Official Journal of the European Communities no. L 190/1 of 18 July 2002. ' 49. Article 81 shall read as follows: "" ARTICLE 81 Subject matter and conditions of issue of the European arrest warrant (1) The court that issued the preventive arrest warrant in the course of the prosecution or the court or the executing court shall issue, ex officio or at the request of the prosecutor, a European arrest warrant, under the following conditions: a) in order to carry out the prosecution or the judgment, if the act is punished by the Romanian criminal law with a custodial sentence of at least one year; b) in order to execute the sentence, if the sentence imposed is more than 4 months. (. The court which issued the European Arrest Warrant may request the executing judicial authorities to remit the goods constituting material means of proof. (3) When the requested person has been prosecuted internationally for extradition, the court shall immediately inform the International Police Cooperation Center of the Ministry of Administration and Interior of the issuance of the mandate European arrest. " 50. Article 82 shall read as follows: "" ARTICLE 82 Transmission of the European arrest warrant (1) Where the requested person is known, the issuing Romanian judicial authority may transmit the European arrest warrant directly to the executing judicial authority. (2) The issuing judicial authority may request the introduction of the signage of the person concerned in the Schengen Information System (SIS), through the National Information System of Signals. To that end, the provisions of Article 95 of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders, Schengen shall apply. ((. The signature of the Schengen Information System shall be equivalent to a European arrest warrant if it is accompanied by the information set out in the Annex. By way of transitional, by the date on which the Schengen Information System will have the capacity to transmit all the information referred to in the Annex, the flag shall be equivalent to a European arrest warrant pending the sending of the original. ' 51. Article 83 shall read as follows: "" ARTICLE 83 Transmission procedure (1) The Romanian judicial authorities may transmit the European arrest warrant by any means of safe transmission, which leaves a written mark, provided that the executing judicial authority can verify its authenticity. ((2) If the whereabouts of the person being pursued is not known, the transmission of a European arrest warrant may be carried out through the Schengen Information System, via the secure telecommunications system of the Judicial Network European, when it will be available, through the Ministry of Justice, on the path of the International Criminal Police Organization (Interpol) or by any other means that leave a written mark, under conditions that allow the executing judicial authority to be able to verify authenticity. (3) If the issuing judicial authority does not know the executing judicial authority, the necessary research will be carried out, including through the contact points of the European Judicial Network or through the specialized direction of the Ministry of Justice, for obtain the necessary information from the executing Member State. ((4) Any difficulty in connection with the transmission or verification of the authenticity of a European arrest warrant will be resolved by direct contact between the issuing judicial authority and the executing judicial authority or the Ministry of Justice ((5) Following the transmission of the European arrest warrant, the issuing Romanian judicial authority may transmit any additional information necessary for the execution of the mandate. (6) The Romanian judicial authorities shall transmit a copy of the European arrest warrant to the Ministry of Justice. " 52. The title of Article 84 shall read as follows: "" ARTICLE 84 Temporary transfer and hearing of the requested person during the execution of the European arrest warrant " 53. Paragraph 1 of Article 85 shall read as follows: "" (1) Where the European arrest warrant has been issued for one of the acts listed below, regardless of the name of the offence in the issuing Member State, and which is sanctioned in the issuing Member State with imprisonment or a measure of the custodial safety for a minimum period of 3 years, the surrender will be granted even if the condition of double criminality is not met: 1. participation in an organized criminal group; 2. terrorism; 3. human trafficking; 4. sexual exploitation of children and child pornography; 5. illicit trafficking of drugs and psychotropic substances; 6. illicit trafficking of weapons, ammunition and explosive substances; 7. corruption; 8. fraud, including that against the financial interests of European communities, within the meaning of the Convention of 26 July 1995 on the protection of the European Communities ' financial interests; 9. washing the proceeds of crime; 10. counterfeiting of the currency, including the euro; 11. facts related to cybercrime; 12. facts on the environment, including trafficking in endangered animal and plant species; 13. facilitating illegal entry and stay; 14. murder and grievous bodily harm; 15. illicit trafficking of human organs and tissues; 16. deprivation of liberty illegally, abduction and hostage taking; 17. racism and xenophobia; 18. organized or armed theft; 19. illicit trafficking of cultural goods, including antiques and works of art; 20. deception; 21. embezzlement; 22. counterfeiting and piracy of goods; 23. falsification of official documents and use of falsified official documents; 24. falsification of means of payment; 25. illicit trafficking of hormonal substances and other growth factors; 26. illicit trafficking of nuclear or radioactive materials; 27. stolen vehicle traffic; 28. rape; 29. arson with intent; 30. crimes under the jurisdiction of the International Criminal Court; 31. illegal sequestration of ships and aircraft; 32. sabotage. " 54. In Article 87 (1), letter b) shall read as follows: "" b) where the offence under which the European Arrest Warrant has been issued is sanctioned with the punishment of life imprisonment or a custodial safety measure for life, the legal provisions of the issuing Member State must be provide for the possibility of reviewing the sentence or the safety measure applied or conditional release, after the execution of 20 years of the sentence or the measure of safety applied, or the application of leniency measures. " 55. In Article 88 (2), after letter c), a new letter, letter c ^ 1) is inserted, with the following contents: "c ^ 1) when the European arrest warrant was issued for the execution of a sentence, if the requested person is a Romanian citizen and the competent Romanian court orders the execution of the sentence in Romania, according to the Romanian law." 56. After Article 88, a new article is inserted, Article 88 ^ 1, with the following contents: " ARTICLE 88 ^ 1 Prior procedures ((1) As soon as the court of appeal receives a European arrest warrant or an alert in the Schengen Information System, the president of the criminal section assigns the case, under the conditions provided by law, to a panel of two judges. ((. The court shall verify that the European arrest warrant contains the information provided for in art. 79 79 para. ((1). (3) If the information communicated by the issuing Member State is insufficient for a decision on surrender, the court shall urgently request the issuing judicial authority for the necessary additional information and fix a deadline for receiving them, taking into account the maximum deadlines provided for in art. 95. (. The issuing judicial authority may at any time, on its own initiative, transmit any information it considers useful. (. If the European arrest warrant contains the necessary information and is translated according to the provisions of art. 79 79 para. (4), the court asks the Prosecutor General of the Court of Appeal to take the necessary measures to identify the person requested, the detention and its presentation to the court. " 57. Article 89 shall read as follows: "" ARTICLE 89 Arrest of requested (. No later than 24 hours after the detention, the requested person shall be presented to the competent court. ((. The court shall inform the requested person on the existence of a European arrest warrant against him, on its content, on the possibility of consenting to the surrender to the issuing Member State, and of his rights Procedural. (3) The court orders the arrest of the person requested by reasoned (4) The arrested person is placed in custody. ((. The court shall communicate the arrest of the requested person to the judicial authority. 58. Article 90 shall read as follows: "" ARTICLE 90 Hearing person arrested ((1) The court shall proceed to the hearing of the requested person no later than 48 hours after his arrest. (2) The arrested person will be asked, first, on consent to surrender. (3) The court shall ensure that the person arrested has voluntarily consented to the surrender and in full knowledge, knowing the legal consequences of the consent, in particular his irrevocable character. In the same way it does in the case of giving up the effects of the specialty rule. (4) If the person arrested consents to the surrender, a report shall be drawn up to be signed by the requested person, the members of the court, the representative of the Public Ministry and the Registrar. In the same minutes, the waiver of the rights conferred by the rule of law shall be recorded. (5) If the person arrested does not consent to the surrender, the court shall hear it. ((6) The opposition of the requested person to surrender may be based solely on the existence of an error with regard to its identity or grounds for refusal of the execution of the European arrest warrant. (7) The court may fix, in compliance with the maximum deadlines provided for in art. 95, a term for the administration of the evidence proposed by the arrested person or the prosecutor or for the transmission of additional information by the issuing judicial authority, on the causes of refusal or conditioning of surrender. (8) The prosecutor puts conclusions in all cases. (9) In the course of the procedure, the court, also listening to the prosecutor's conclusions, has, every 30 days, by conclusion, on maintaining the measure of arrest or release of the requested person, in the latter case taking all measures necessary to avoid the flight of the requested person, including the preventive measures provided by law. ((10) In order to take a decision in accordance with the preceding paragraph, the court shall take into account all the circumstances of the case and the need to ensure the execution of the 59. Article 91 shall read as follows: "" ARTICLE 91 Rights of the person arrested under a European arrest warrant (1) The arrested person has the right to be informed of the content of the European Arrest Warrant. (2) The arrested person has the right to be assisted by a defender elected or appointed ex officio by the court. (3) The arrested person who does not understand or does not speak Romanian is entitled to the interpreter, provided free of charge by the court. 60. Article 92 shall read as follows: "" ARTICLE 92 Temporary surrender or declaration of the requested person (1) In the situations provided in art. 81 81 para. ((1) lit. a), if the issuing judicial authority requests it, the temporary surrender of the person requested in the issuing Member State may be approved or a statement of this person shall be taken. ((. Where temporary surrender has been granted, it shall be carried out under the conditions and for the duration laid down by mutual agreement between the issuing and executing judicial authorities. In all cases the person followed will have to return to Romania to participate in the conduct of the teaching procedure based on the European arrest warrant. ((3) If the temporary surrender is not granted or it is not requested, the Romanian judicial authority shall take a declaration of the requested person, with the participation of the person designated by the judicial authority issue, if applicable, in accordance with the law of the issuing Member State. The hearing of the requested person is made according to the provisions of the Romanian Code of Criminal Procedure and under the conditions established according to the agreement In all cases, the procedural rights of the person pursued will be respected. " 61. Article 93 shall read as follows: "" ARTICLE 93 Execution of the European Arrest Warrant if the requested person consents to the surrender (1) If the requested person consents to the surrender, the decision of the court by which his consent is taken shall have the same legal effects as the teaching decision provided for in art. 94. (2) The decision provided in par. ((1) is final. " 62. Article 94 shall read as follows: "" ARTICLE 94 Judgment on the execution of a European arrest warrant (. The court shall rule by judgment on the execution of a European arrest warrant no later than 5 days from the date on which the hearing of the requested person took place. ((2) If the information communicated by the issuing Member State is insufficient to allow a decision on surrender, the necessary additional information will be requested urgently and a time limit for their receipt will be fixed, taking into account the maximum deadlines provided for in art. 95 95. " 63. After Article 94, two new articles are inserted, Articles 94 ^ 1 and 94 ^ 2, with the following contents: "" ARTICLE 94 ^ 1 Remedies and remedies (1) Against the terminations referred to in art. 89 89 para. ((3) and art. 90 90 para. ((9) an appeal may be declared within 24 hours of delivery. (2) The decision referred to in Article 94 may be appealed within 5 days of delivery. ((3) The appeal made in writing must be reasoned. (4) When the appeal is declared orally, it must be reasoned within 24 hours after the declaration, in the case provided in par. (1), and within 5 days, in the case provided in par. ((2). (. The application for appeal and its reasons shall be communicated to the interested party. (6) In case of declaration of appeal, the case shall be transmitted as soon as it is motivated or at the expiry of the term for the reasons thereof to the Criminal Section of the High Court of Cassation and Justice. Article 94 ^ 2 Resolution of the appeal The appeal declared under the conditions referred to in art. 94 ^ 1 shall be resolved in particular, no later than 3 days after the submission of the case file to the High Court of Cassation and Justice. " 64. In Article 100, paragraphs 1, 2 and 3 shall read as follows: " (1) Consent for the pursuit, trial, conviction or possession of a person for other acts committed prior to his surrender on the basis of a European arrest warrant shall be presumed if the executing Member State has notified the Secretariat general of the Council of the European Union in this respect, unless the executing judicial authority has otherwise provided by the surrender decision. ((2) Except in the cases referred to in par. ((1) and (4), the person handed over to the Romanian authorities will not be able to be followed, judged or deprived of liberty for another act prior to surrender unless the executing Member State consents it. For this purpose, the issuing Romanian judicial authority shall submit to the executing judicial authority an application for authorization, accompanied by the information provided in art. 79 79 para. ((1). (3) If Romania is the executing Member State, the issuing Member State will have to apply for the authorisation referred to in paragraph 1. (2), and the Romanian executing judicial authority shall decide, no later than 30 days after receipt of the application, whether the offence which motivates the application was the reason for the surrender in accordance with the provisions of this Law and without bringing the protection of the guarantees referred to in art. 87 87. " 65. Article 102 shall read as follows: "" ARTICLE 102 Subsequent surrender (1) Consent to the surrender by the Romanian State of a person to another Member State, on the basis of a European arrest warrant issued for a crime committed before his surrender, shall be presumed to have been given to all those Member States which have sent a notification in the same sense to the General Secretariat of the Council of the European Union, if the Romanian executing judicial authority does not otherwise have the teaching decision. (2) In any case, the consent of the executing Romanian judicial authority to the subsequent surrender of the person requested by an issuing Member State to another State shall not be necessary if the requested person: a) having the opportunity to leave the territory of the state to which he was handed over, did not do so within 45 days of his final release at large or returned to this territory after leaving him; b) consented to be handed over to a Member State other than the executing State on the basis of a European Arrest Warrant. The consent shall be expressed before the competent judicial authority of the issuing Member State and shall be recorded in a report drawn up in accordance with its national law. The person being followed has the right to be assisted by a lawyer. Consent must be freely and in full knowledge of its consequences; c) give up the specialty rule, in accordance with the provisions of art. 100 100 para. ((3) and (4) lit. a)-c). (3) In the situations not regulated by par. (1) and (2), it is necessary to approve the Romanian judicial enforcement authority, which will be requested in accordance with the provisions of art. 82, annexing the request the information provided in art. 79 79 para. ((1), accompanied by a translation. (4) When Romania has not submitted the notification referred to in paragraph 1. (1), the consent of the Romanian State to the surrender of a person by the issuing State to a third State, on the basis of a European arrest warrant issued for an offence prior to his surrender by the Romanian State, shall be expressed on the basis of the authorisation made by the issuing State. The application shall be approved by the Romanian executing authority, no later than 30 days after its receipt, if the offence motivating the application constitutes a reason for surrender in accordance with the provisions of this law, and without bringing the protection of the guarantees referred to in art. 89. (5) Provisions of para. ((1)-(4) shall apply accordingly and where Romania is an issuing Member State. " 66. Article 107 shall be repealed. 67. Article 109 shall read as follows: "" ARTICLE 109 General provisions The conduct of a criminal procedure or the continuation of a procedure initiated by the competent Romanian judicial authorities, for an act that constitutes a crime under the Romanian law, can be transferred to a foreign state, under the conditions this title. ' 68. Article 110 shall read as follows: "" ARTICLE 110 Conditions The transfer of the criminal proceedings may be requested only if the requested State has the jurisdiction of jurisdiction in question and the extradition cannot be requested or, if the extradition has been requested, the application has been rejected. " 69. Article 111 shall read as follows: "" ARTICLE 111 Procedure (. The transfer of the criminal proceedings shall be requested by the competent prosecuting body, if the proceedings relate to the activity of criminal prosecution, or by the court before which the case in the first instance is concerned, if the proceedings relate to the trial activity. (2) The request for the transfer of the criminal proceedings is made on the basis of the conclusion by which the competent court has In this regard, at the request of the Public Ministry or ex officio, as the case may be, the competent court to settle the case in the first instance or the court on whose role the case is concerned, as the case may be, shall verify that the conditions The transfer of the criminal procedure (3) The conclusion provided in par. (2) may be appealed within 5 days of delivery, for those present, or from communication, for those missing. (4) The conclusion by which the transfer of the procedure is ordered, remaining final, suspends the limitation period of criminal liability, as well as the continuation of the criminal procedure started, subject to urgent acts and steps. (5) The application referred to in paragraph (1) is transmitted to the Prosecutor's Office of the High Court of Cassation and Justice or Ministry of Justice, according to art. 13, accompanied by authentic copies of all the procedural documents drawn up in the case. ' 70. Article 112 shall read as follows: "" ARTICLE 112 Forwarding The Ministry of Justice or the Prosecutor's Office of the High Court of Cassation and Justice, as the case may be, shall ensure the transmission of the request for the transfer of the criminal procedure on one of the 71. In Title IV, a new chapter, Chapter II ^ 1, is inserted after Chapter II, including Article 114 ^ 1, with the following contents: "" CHAPTER II ^ 1 Provisions for the implementation of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at the common borders, Schengen Article 114 ^ 1 Application of principle non bis in idem (1) A person in respect of whom a final decision has been made in the territory of a Member State of the Schengen area cannot be pursued or tried for the same facts if, in the event of conviction, the judgment has been carried out, it is pending execution or can no longer be executed according to the law of the state that pronounced the conviction. (2) However, the provisions of paragraph 1. ((1) shall not apply if: a) the facts concerned by the foreign decision were committed in whole or in part on the territory of Romania. In that case, the exception shall not apply if the facts have been committed in part in the territory of the Member State where the judgment was delivered; b) the facts covered by the foreign decision constitute an offence against the security of the state or against other essential interests of Romania c) the facts concerned by the foreign decision were committed by a Romanian official in violation of his service obligations. (3) The exceptions mentioned in par. ((2) shall not apply where, for the same facts, the Member State concerned has requested the takeover of the prosecution or has granted the extradition of the person concerned. " 72. Title V shall read as follows: "" TITLE V Recognition and enforcement of criminal judgments and judicial acts " 73. In Title V, the name of Chapter I shall read as follows: "" CHAPTER I Recognition and enforcement of criminal judgments and foreign judicial acts " 74. Article 115 shall read as follows: "" ARTICLE 115 Foreign criminal judgment and foreign judicial act (1) For the purposes of this chapter, a decision rendered by the competent court of another state shall be understood by foreign criminal decision. (2) For the purposes of this chapter, a judicial act which emanates from a competent foreign judicial authority is understood by foreign judicial act. ((3) The jurisdiction of the court or foreign judicial authority shall be verified through the Ministry of Justice. 75. Article 116 shall read as follows: "" ARTICLE 116 Conditions for recognition ((1) The recognition on the territory of Romania of a foreign criminal decision or of a foreign judicial act may take place if: a) Romania has assumed such an obligation through an international treaty to which it is a party; b) the right to a fair trial, within the meaning of art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, concluded in Rome on 4 November 1950, ratified by Romania by Law no. 30/1994 ; c) has not been rendered for a political offence or for a military offence which is not a common law offence; d) respect the public order of the Romanian state e) the judicial decision or act can produce legal effects in Romania, according to the Romanian criminal law; f) there was no conviction for the same acts against the same persons in Romania; g) there was no conviction for the same facts against the same persons in another state, which was recognized in Romania. (2) Foreign criminal decisions may be recognized in Romania and if the condition provided in par. ((1) lit. a), on the basis of reciprocity. In this regard, the competent court asks the Ministry of Justice to verify the fulfilment of the condition (3) The execution of the decision is possible, independently of the verification of the conditions provided in ((1), and when referring to a Romanian citizen whose extradition was, in advance, granted by Romania to the foreign state in which the decision was pronounced. " 76. Article 117 shall read as follows: "" ARTICLE 117 Recognition procedure at the request of a foreign state (1) The application for recognition of a foreign criminal decision, formulated by the competent authority of the requesting foreign state, is transmitted by the Ministry of Justice to the prosecutor general of the prosecutor's office of the appellate court in the domicile or resides his convict. (2) The convict is quoted, and with the citation he is communicated the foreign decision together with the documents accompanying him, in a language he understands. (3) The convict has the right to an elected or appointed public defender and, as the case may be, to the interpreter. (4) The court, hearing the prosecutor's conclusions and statements of the convict, if it finds that the legal conditions are met, recognizes foreign criminal judgment or foreign judicial acts, and if the sentence handed down by that judgment was not executed or was executed only in part, substitutes for the unexecuted sentence or the rest of the sentence not executed an appropriate punishment according to the Romanian criminal law. (5) If the foreign criminal decision refers to an immovable property, the request is sent to the prosecutor general of the prosecutor's office of the court of appeal in the constituency of which the building is located. (6) The Court of Appeal shall decide by judgment delivered in the Board Chamber, which may be appealed. The decision shall be communicated to the prosecutor's office and the 77. Article 118 shall read as follows: "" ARTICLE 118 Special recognition procedure by main route (1) The recognition of criminal decisions rendered by courts abroad or other foreign judicial acts may also be made in the main way, by the court seised for this purpose by the convict or by the Prosecutor. (2) In this case, the jurisdiction belongs to the judge in whose territorial constituency the convict is. (3) Provisions art. 117 117 para. ((3)-(6) shall apply accordingly. " 78. Article 119 shall read as follows: "" ARTICLE 119 Incidental recognition procedure Recognition may be made in an incidental way in an ongoing criminal trial, by the prosecutor in the prosecution phase or by the court before which the case is pending. " 79. Article 120 shall read as follows: "" ARTICLE 120 Enforcement of judgments in administrative proceedings The enforcement of judgments in administrative proceedings, for acts assimilated to crimes, as defined by the European Convention on the International Value of Repressive Judgments, adopted in The Hague on 28 May 1970, is possible only if the person concerned had the opportunity to exercise a remedy before a court. " 80. Article 121 shall read as follows: "" ARTICLE 121 Preventive measures Before a decision on the recognition of a foreign criminal judgment the competent court may, at the request of the foreign state, transmitted through the Ministry of Justice, or ex officio, order the preventive arrest of the person subject the decision the recognition of which is requested or another preventive measure to avoid its flight from the territory of Romania. " 81. In Title V, the name of Chapter II shall read as follows: "" CHAPTER II Execution of criminal decisions and Romanian judicial documents abroad " 82. Article 122 shall read as follows: "" ARTICLE 122 Applicable law and effects of execution (1) The execution of a foreign criminal decision takes place according to the Romanian law. (2) The foreign criminal decisions recognized and executed in Romania produce the same effects as the decisions rendered by the Romanian courts. (3) The foreign state requesting the execution is the only one competent to decide on an extraordinary remedy against the judgment to be executed. (4) The amnesty and pardon can be granted both by the foreign state and by the Romanian state. (5) The foreign state must inform the Romanian state of the intervention of any of the causes that cause the cessation of execution, provided in par. ((4). (6) The start of the execution of the sentence in Romania has the effect of giving up the foreign state to the execution on its territory, unless the convict evades the execution of the sentence, in which case this state reacquires the right to execution. In the case of the penalty of the fine, the foreign state shall reacquire the right to execution from the moment it is informed of the non-execution, total or partial, of this punishment. " 83. Article 123 shall read as follows: "" ARTICLE 123 Conditions for the formulation of an application for recognition and enforcement (1) The Romanian courts may request the recognition and enforcement by a foreign state of a judicial decision in one of the following cases: a) the convict is a citizen of the requested state or a third state or is stateless and has his domicile on the territory of that state, and according to the law of the requested state, the extradition of the convict to Romania in order to execute the sentence admissible or the foreign state refuses to grant extradition; b) the convict is a Romanian citizen residing in the territory of the requested state or has the citizenship of the requested state, and the foreign state refuses to grant his extradition. (2) The formulation of an application for recognition and enforcement is also admissible if the convict is in the execution of a sentence in the state requested for a deed other than the one that determined the conviction in Romania. ((3) In the case of an application for recognition of a criminal judgment by which a sentence has been imposed, its duration must be more than one year. (4) Provisions of para. ((1) shall not apply, if the circumstances of the case require it, on the basis of a treaty concluded with the foreign state, when the expulsion safety measure applies. ((5) The recognition is requested under the condition of non-aggravation, in the foreign state, of the sentence imposed by the decision rendered in Romania ((6) The recognition abroad of judicial documents issued by the competent Romanian authorities takes place under the conditions of the applicable international treaty. " 84. Article 124 shall read as follows: "" ARTICLE 124 Recognition effects (1) The recognition and enforcement by the foreign state of the request for recognition made by the Romanian courts has the effect of giving up the Romanian state to the execution of the decision on the territory of Romania (2) The Romanian state reacquires the right to the execution of the judgment if the convict evades the execution of the sentence, starting from the moment he was informed of the total or partial non-execution of this sentence. " 85. Title V, the name of Chapter III shall be repealed. 86. Article 125 shall read as follows: "" ARTICLE 125 Procedure for the formulation of an application for recognition and enforcement of a criminal judgment (1) The application for recognition and enforcement of a criminal judgment in a foreign state shall be made by the court of execution, ex officio, or at the request of the competent prosecutor or the convict, whenever the conditions laid down in art. 123. (. The application shall be annexed to the acts provided for by the applicable international treaty or, in the absence of a treaty, at least the final judgment and the mandate for the execution of (3) When the consent of the convict is required, it will be given in the council chamber of the executing court, unless the convict is abroad; in this case, consent may be given before an official. Romanian consular or competent foreign judicial authority. (4) If the convict is in Romania and has not made the application referred to in par. ((1), the competent prosecutor shall notify it. (5) The lack of a response of the convict amounts to the consent to the formulation of the application, which is informed by notification. " 87. Article 126 shall be repealed. 88. paragraphs 1, 2 and 3 of Article 127 shall read as follows: "" (1) This title applies to the transfer of convicted persons, in accordance with the rules contained in the international treaties to which Romania is a party, and in their absence, on the basis of reciprocity. (. The provisions of this Title shall also apply, in addition, to situations not covered by the international treaties referred to in paragraph 1. ((1). ((. This Title shall be without prejudice to the rights and obligations arising from international rules relating to the transfer abroad of detainees for the purpose of hearing them as witnesses or to the confrontation. " 89. Article 131 shall be repealed. 90. Article 138 shall read as follows: "" ARTICLE 138 Prior procedure (1) The request for transfer made by a foreign national convicted by a Romanian court is transmitted to the Ministry of Justice. Upon receipt of the request, the Ministry of Justice requests to be transmitted, as a matter of urgency, by the National Administration of Prisons, the documents and information to which art. 133 133 para. ((3) and art. 134 134 para. ((2) lit. a)-d). (2) After receiving the documents and information provided in par. (1), the Ministry of Justice will translate them and then transmit them, together with the request for transfer, to the central authority of the executing state, from which it will also request the transmission of the documents provided for in art. 134 134 para. (1), as well as the decision on the acceptance of the transfer request. (3) The provisions of par. ((2) are not applicable if the Romanian authorities have information or documents that necessarily attract the refusal of transfer. Such a solution may be given by the competent court of appeal, referred by the Prosecutor General of the Court, ex officio or at the request of the Minister of Justice. The sentence of the appellate court shall be reasoned and subject to appeal within 5 days of the ruling. (4) If the solution for refusal of transfer, provided in par. (3), remains final, the Ministry of Justice will inform about this, as soon as possible, the central authority of the executing state. Informing the convict will be done in due time, according to art. 133 133 para. (5), through the National Administration of Prisons. " 91 paragraphs 1, 3, 4 and 8 of Article 139 shall read as follows: " (1) If the procedure for the settlement of the request for transfer continues, all documents, including those provided by the executing State, are first subject to the international regularity examination at the Ministry of Justice. Art. 40 40 shall apply accordingly. After observing the fulfilment of the conditions, the ministry conveys the request and the helpful documents, accompanied by translations, to the prosecutor general of the prosecutor's office of the competent court The documents submitted in connection with the request for transfer by the competent foreign consular office will be attached to the file, according to art. 135 135 para. ((2). .................................................................... (3) The Prosecutor General shall refer, in order to settle the request for transfer, the court of appeal in whose constituency the place of detention is located or, if the convict has not begun the execution of the sentence, his domicile. At the same time, before the appeal of the appeals court, the Prosecutor General will check whether the convicted person is the subject of a criminal case pending before the Romanian judicial authorities, properly informing the court. If obtaining the information would lead to the delay of the transfer procedure, the Prosecutor General will order the appeal of the appeals court, and they will be obtained at the latest until the first court term. (4) The application is adjudicated in the council chamber, with the participation of the prosecutor, with the citation of the convicted person, as well as, if applicable, with the participation of The convict can be assisted, on request, by an elected defender or, in absentia, appointed ex officio. The trial of the application is made urgently and in particular, and the decision is motivated no later than 5 days after the ruling and is communicated to the Ministry of Justice. ..................................................................... (8) In the case of a person who, after being convicted by a final criminal decision handed down by a Romanian court, escapes, in case of commencement of the execution of the sentence, or, if the execution of the sentence has not begun, evades from the execution of the sentence, taking refuge in the territory of the state of which it is a national, the Romanian state will be able to apply to this state a request to take The application shall be made by the executing court, if the convicted person evades the execution of the sentence, or by the court in whose constituency the place of possession is located, where the convicted person has begun. execution of sentence The request may also include the request that the state in whose territory the convicted person has taken refuge takes the measure of arrest or any other measure to guarantee that the convicted person will remain on its territory until the judgment is communicated on the request for a takeover. The documents provided for in art. 133 133 para. ((3) and art. 134 134 para. ((2) lit. a), b) and d). After the translation of the application and the Annexes, they shall be transmitted to the Ministry of Justice to be communicated to the central authority of the requested State. 92. In paragraph 1 of Article 144, letter b) shall read as follows: " b) either to change the conviction, by a court decision, thus replacing the sentence imposed in the state of conviction with a sentence provided by the Romanian legislation for the same crime, under the conditions provided in art. 146 146. " 93. In Article 148, after paragraph 1, a new paragraph (2) is inserted, with the following contents: " (2) In this regard, in the cases provided in par. ((1) lit. a) and b) The National Administration of Prisons will periodically transmit to the Ministry of Justice information on the execution of In the situation provided in par. ((1) lit. c) the information will be communicated at the request of the Ministry of Justice 94. Paragraph 4 of Article 149 shall read as follows: " (4) Inonce the Ministry of Justice receives the declaration of consent from the state of conviction, it conveys the documents to the prosecutor general of the prosecutor's office of the competent court of appeal, which in turn notifies the court of appeal because it recognizes the foreign decision and put it into execution, according to the provisions of art. 145 145 or art. 146 146, as appropriate. Art. 116 116 shall apply accordingly. '; 95. Paragraph 3 of Article 154 shall read as follows: " (3) The transit applications and the replies shall be communicated by the way provided for in Article 130 130 para. ((2). The Ministry of Justice decides on granting the transit. " 96. In Article 154, after paragraph 3, a new paragraph (3 ^ 1) is inserted, with the following contents: "(3 ^ 1) The Ministry of Justice shall immediately inform the competent authority of the requesting State and the Ministry of Administration and the Interior." 97. Paragraph 5 of Article 154 shall read as follows: " (5) At the request of the requesting state, the Romanian state, requested to grant the transit, may give the assurance that the convicted person will neither be pursued nor held, subject to the application of par. (4), nor subject to any other measure to restrict freedom on the territory of the Romanian state, for acts or convictions prior to its departure from the territory of the state of conviction. The insurance is given by the Ministry of Justice. " 98. Title VII shall read as follows: "" TITLE VII Judicial assistance in criminal matters " 99. The name of Chapter I shall be inserted after the name of Title VII: "" CHAPTER I International legal aid " 100. Article 158 will read as follows: "" ARTICLE 158 Subject of judicial For the purposes of this Chapter, international legal aid shall include the following activities a) the international rogatory commissions; b) videoconferencing hearings; c) the appearance in the requesting state of witnesses, experts and persons followed; d) the notification of procedural documents that are drawn up or filed in a criminal trial; e) criminal record; f) other forms of legal aid. " 101. Article 159 will read as follows: "" ARTICLE 159 General content of the application for legal aid and its annexed acts (. The application for legal aid shall indicate: a) the name of the requesting judicial authority and the name of b) the object and reasons c) legal qualification of the facts; d) the identification data of the accused, the defendant or the convict or the witness or expert, as the case may be; e) legal framing and summary presentation of the facts. (. The application shall be annexed to the application, as appropriate, depending on the nature and the subject of the application. ((3) Acts annexed to the application for legal aid must be certified by the requesting judicial authority, being exempt from any other formalities of overrepresentation. " 102. Article 160 will read as follows: "" ARTICLE 160 International rogatory Commission The international rogatory commission in criminal matters is that form of judicial assistance that consists of the empowerment that a judicial authority in a state grants to an authority in another state, mandated to perform, in the place and on behalf of or, some judicial activities regarding a certain criminal trial. " 103. Article 161 will read as follows: "" ARTICLE 161 Commission of the rogatory (1) The object of the request for a rogatory commission is in particular: a) the location and identification of persons and objects; the hearing of the defendant, the hearing of the injured party, the other parties, witnesses and experts, as well as the confrontation; the search, the erection of objects and documents, seizure and confiscation special; on-site research and reconstitution; expertise, technical-scientific finding and forensic finding; transmission of necessary information in a particular process, intercepts and audio and video recordings, examination archival documents and specialized files and such other acts of the procedure; b) transmission of material means of proof; c) communication of documents or files. (2) If the requesting state wishes that witnesses or experts take an oath, it will expressly ask for it, and the Romanian state will follow this request in situations in which the Romanian domestic law does not oppose it. (3) The Romanian state will transmit only certified copies or photocopies from the required documents or files. If the requesting State expressly requests the transmission of the original documents, it shall, as far as possible, comply with this request. " 104. Article 162 will read as follows: "" ARTICLE 162 Date and place of the commission (1) If the requesting state expressly requests, the Romanian state shall inform it about the date and place of the commission of the rogatory commission. The authorities and persons concerned, mentioned by the requesting state, will be able to assist and collaborate on the commission of the rogators, within the limits allowed by the Romanian law. (2) Provisions of para. ((1) shall apply accordingly and where the assistance is sought by the Romanian judicial authorities. " 105. Article 163 will read as follows: "" ARTICLE 163 Searches, erection of objects and documents and seizure (1) The rogatory commissions having as object the searches, the erection of objects and documents and the seizure are subject to the following conditions: a) the offence that motivates the rogatory commission must be liable to give way to extradition to Romania, as a requested state; b) the fulfillment of the rogatory commission must be compatible with the Romanian state law. (2) The conditions provided in par. (1) may attract the application of the reciprocity rule. " 106. Article 164 will read as follows: "" ARTICLE 164 Remission of objects and files (1) The Romanian state will be able to postpone the remission of objects, files or documents whose communication is requested, if they are necessary for an ongoing criminal procedure. (2) The objects and originals of the files and documents, communicated in the performance of a rogatory commission, will be returned as soon as possible to the Romanian state by the requesting state, unless the Romanian state gives them up. " 107. Article 165 will read as follows: "" ARTICLE 165 Videoconferencing hearings (1) If a person who is on the territory of Romania must be heard as a witness or expert by the judicial authorities of a foreign state and it is inappropriate or impossible for that person to personally appear on the territory of that State, the foreign state may request that the hearing be held by videoconference, according to the following paragraphs. ((2) Such an application may be accepted by the Romanian State if it does not contravene its fundamental principles of law and provided it has the technical means to allow the hearing by videoconference. (3) In the request for a videoconference hearing, it must be specified, apart from the information provided in art. 159, the reason why it is not appropriate or it is impossible for the witness or expert to be present personally at the hearing, as well as the name of the judicial authority and the names of the persons who will (4) The witness or expert will be quoted according to the Romanian law. (5) The competent judicial authorities for the application of this article are the courts of appeal, in the course of the judgment, respectively the Prosecutor's Office of the High Court of Cassation and Justice, during the criminal investigation. (6) Video conferencing shall be conducted according to the following rules: a) the hearing takes place in the presence of the competent Romanian judge or prosecutor, as the case may be, assisted, as the case may be, by an interpreter; he verifies the identity of the person heard and is obliged to ensure respect If it finds that the fundamental principles of Romanian law are violated, the judge or prosecutor shall immediately take the necessary measures to ensure the conduct of the hearing in accordance with the Romanian law; b) the competent Romanian judicial authorities and those of the requesting State agree, as the case may be, on the protection measures of the witness or expert; c) the hearing shall be carried out directly by the competent judicial authority of the requesting State or under its coordination, according to its internal law; d) the witness or expert will be assisted, as appropriate, by an interpreter, according to the Romanian law; e) the person called as a witness or expert can invoke the right not to testify, which is conferred on him either by the Romanian law or by the law of the requested state. (7) Without prejudice to the agreed measures for the protection of witnesses, the Romanian judicial authority shall draw up a report on the date and place of the hearing, the identity of the person heard, information on the taking of the oath and the technical conditions in which the hearing was conducted. The minutes shall be transmitted to the competent judicial authority of the requesting State (8) The provisions of the Code of Criminal Procedure shall apply accordingly. (9) The provisions of this Article may also apply to the hearing of the accused or defendants, if the person concerned consents and if there is an agreement in this regard between the Romanian judicial authorities and those of the requesting state. ((10) The expenses related to the establishment of the video link, those related to the making available of this link in the requesting State, the remuneration of the interpreters and the allowances paid to witnesses and experts, and the travel expenses in the requested state will be reimbursed by the requesting foreign state to the Romanian state, if the latter has not expressly waived the reimbursement of these expenses in whole or in part. ((11) The provisions of this Article shall apply accordingly and where the assistance is sought by the Romanian judicial authorities. " 108. Article 166 will read as follows: "" ARTICLE 166 Spontaneous transmission of information (1) The Romanian judicial authorities may, without prior request, transmit to the competent authorities of a foreign state the information obtained in an investigation, when they consider that they could help the recipient state to initiate a the criminal procedure or when the information could lead to the formulation of a request for legal aid. (2) The Romanian state may impose certain conditions regarding the use of the transmitted information, according to the provisions of par. ((1). The receiving State shall be bound by the conditions imposed. " 109. Article 167 will read as follows: " ARTICLE 167 Supervised deliveries (1) The competent Romanian judicial authorities authorize, on request, under the conditions provided by the Romanian law, supervised deliveries, in criminal proceedings regarding crimes that can give place to extradition. (2) The supervised deliveries are carried out according to the Romanian law. ((. The provisions of this Article shall apply accordingly and where the assistance is sought by the Romanian judicial authorities. " 110. Article 168 will read as follows: "" ARTICLE 168 Undercover investigations (1) The Romanian state may agree with a foreign state to provide mutual assistance for the conduct of investigations by undercover agents. (2) The competent Romanian authorities shall decide, on a case-by-case basis, according to Romanian law. (3) Under the conditions stipulated by the Romanian law, the Romanian and foreign judicial authorities shall determine the concrete modalities of the investigation and the legal status of the agents. " 111. Article 169 will read as follows: "" ARTICLE 169 Joint investigation teams (1) In order to facilitate the resolution of a request for a rogatory commission, joint investigation teams may be constituted, with a specific objective and with a limited duration which may be extended by the agreement of the States concerned. The composition of the team is decided by mutual agreement. (. A joint investigation team may be created in particular when: a) in the course of an ongoing procedure in the requesting State, difficult investigations are required and involving important human and other means, which concern both States; b) several States carry out investigations that require coordinated and concerted action in the States concerned. (3) The application for the formation of a joint investigation team may be made by any State involved. The team is formed in one of the states where the investigation must be conducted (4) The application for the formation of a joint investigation team shall include proposals for the composition of the team. (5) The components of the joint team appointed by the Romanian authorities are members, while those designated by a foreign state have the status of seconded members. (6) The activity of the joint investigation team on the territory of the Romanian state takes place according to the following a) the team leader is a representative of the competent Romanian judicial authority; b) the team's actions are carried out according to the Team members and seconded members of the team execute their duties under the responsibility of the person provided in a). (7) Members seconded to the joint investigation team are empowered to be present at any procedural acts, unless the head of the team decides otherwise. (8) When the joint investigation team is to carry out procedural documents in the territory of the requesting State, the seconded members may ask their competent authorities to carry out those acts. (9) A member seconded to the joint investigation team may, in accordance with its national law and within the limits of its powers, provide the team with the information which is available to the State which seconded it for the purpose of carrying out criminal investigations made by team. (10) Information commonly obtained by a member or a member seconded in the framework of participation in a joint investigation team and which cannot otherwise be obtained by the competent authorities of the States concerned may be used for the purposes of Next: a) for the purpose for which the team was created; b) to discover, research or pursue other crimes, with the consent of the state on whose territory the information was obtained; c) to prevent an imminent and serious danger to public security and in compliance with the provisions laid down in lett. b); d) for other purposes, provided that this is agreed by the States that formed the team. " 112. Article 170 will read as follows: "" ARTICLE 170 Cross-border surveillance ((1) Subject to the existence of contrary provisions in the convention applicable in relation to that State, the agents of a foreign state, which, in the course of a judicial investigation, supervise on the territory of that State a person who is presumed to have participated in committing a crime that gives way to extradition or a person to whom there are serious reasons to believe that it can lead to the identification or location of the person mentioned above, are authorized to continue this surveillance on the territory the Romanian State, on the basis of a request for legal aid presented in advance On request, the supervision may be exercised by the competent Romanian authorities. (2) The application for legal assistance provided in par. (1) will be addressed to the Prosecutor's Office of the High Court of Cassation and Justice and will include all relevant information in question, in accordance with the provisions of the applicable convention. By authorization the Prosecutor's Office of the High Court of Cassation and Justice will be able to establish certain conditions. (3) When, for emergency reasons, the prior authorization of the Romanian state cannot be requested, the foreign agents acting in the judicial investigation in the prosecution phase are authorized to continue on the territory of Romania the supervision of a person suspected of having committed one of the acts listed in par. (5), in the following conditions: a) the border crossing will be communicated immediately, during supervision, to the Prosecutor's Office of the High Court of Cassation and Justice, as well as to the structure of the Border Police constituted at the border crossing point; b) a request for legal assistance according to par. (1) and which exposes the reasons justifying the border crossing, without prior authorization, will be transmitted without delay. (4) The supervision referred to in par. ((1) and (2) may be carried out only in the following conditions: a) the supervisory agents must comply with the provisions of this article and of the Romanian law; b) subject to the situations provided in par. (3), during supervision, agents have on them a document stating that their permission has been granted; c) the supervisory agents must be in a position to justify their official quality; d) surveillance agents may carry the armaments provided during supervision, unless by authorization the Prosecutor's Office of the High Court of Cassation and Justice has provided otherwise: its use is prohibited, unless self-defense; e) the entry into the home of a person and other places not accessible to the public is prohibited; f) the supervisory agents may neither retain nor arrest the supervised person; g) about any surveillance operation will be drawn up a report to the Prosecutor's Office of the High Court of Cassation and Justice, which will also ask for the presentation in person of the agents who carried out the supervision; h) the authority of the State to which the agents who carried out the supervision, at the request of the Romanian competent authority, may assist the investigation, including the judicial proceedings; i) the authorities of the state to which the surveillance agents belong at the request of the Romanian authorities contribute to the smooth conduct of the investigation following the operation in which they participated, including the judicial proceedings. (5) The supervision referred to in par. ((3) can only take place for one of the following facts: a) murder, qualified murder and aggravated murder; b) serious crimes of a sexual nature, including rape and sexual abuse of minors; c) Qualified destruction and destruction, committed by fire, explosion or by any such means; d) counterfeiting and falsification of means of payment; e) theft and robbery in qualified form, as well as the receipt of stolen goods; f) embezzlement; g) illegal deprivation of liberty; h) crimes related to human trafficking and crimes related to human trafficking; i) offences relating to drug trafficking or precursors; j) crimes related to non-compliance with the regime of weapons and ammunition, explosive materials, nuclear materials and other radioactive materials; k) illegal transport of toxic and harmful waste; l) trafficking of migrants; m) blackmail. (6) The supervision referred to in par. (3) will cease if the authorization was not obtained within 5 hours from the crossing of the state border, as well as at the request of the Prosecutor's Office of the High Court of Cassation and Justice. " 113. Article 171 will read as follows: "" ARTICLE 171 Interception and recording of conversations and communications ((1) In order to resolve a criminal case, the judicial authorities of the requesting State or the competent authorities so designated by the requesting State may apply to the Romanian authorities a request for legal aid interception of telecommunications and their immediate transmission to the requested State or interception of registration and subsequent transmission of telecommunications to the requesting State, if the person pursued: a) is located in the territory of the requesting State and it needs technical assistance in order to be able to intercept communications from the target; b) is located on the territory of the Romanian state, if the communications from the target can be intercepted in the Romanian state; c) is located in the territory of a third country, which has been informed and whether the requesting State needs technical assistance to intercept communications from the target. (. Applications submitted pursuant to this Article shall meet the following conditions: a) to indicate and confirm the issuance of an order or a warrant for interception and registration, within the framework of a criminal trial; b) contain information to identify the target of the interception; c) indicate the criminal acts that are the subject of criminal investigation; d) mention the duration of the interception; e) if possible, contain sufficient technical data, in particular the network connection number, to enable the processing of the application. (. If the application is made in accordance with the provisions of paragraph 1. ((1) lit. b), it will also have to contain a description of the facts. The Romanian judicial authorities may request any further information which is necessary to enable them to assess whether the measure applied for would also be taken in a similar national case. ' 114. Article 172 will read as follows: "" ARTICLE 172 Confiscation The goods from the commission of the crime that are subject to the request for a rogatory commission will be confiscated according to the provisions of the 115. Title VIII is hereby repealed. 116. Article 173 will read as follows: "" ARTICLE 173 The principle of the rogatory commission The requesting Romanian State shall not use the documents and information received from the requested State except for the purpose of fulfilling the object of the rogatory commission. 117. Article 174 will read as follows: "" ARTICLE 174 Provisional measures At the request of the requesting state, the provisional measures provided for by the Romanian law may be taken in order to protect the means of proof, to maintain an existing situation or to protect 118. Article 175 will read as follows: "" ARTICLE 175 Appearance of witnesses or experts (1) If the appearance in person of a witness or expert before the Romanian judicial authorities is necessary, the requesting judicial authority will make mention in this regard, by the request for the delivery of the citation. (2) In the case provided in par. ((1), in the application or in the citation, the approximate amount of allowances as well as travel and repayable expenses shall be mentioned. The Romanian judicial authority that ordered the call will be able to request the requested state, by request, to grant an advance to the witness or expert, the reimbursement to be made from the fund of special legal expenses allocated. (3) If the appearance in person of a witness or expert is requested by the Romanian authorities by a foreign state, if the witness or expert declares that he will appear personally, he/she may request the granting of an advance from the amount travel and stay expenses. The court will indicate by closing the amount of money requested by the witness or expert, the banking unit where the amount of money is to be recorded, the record being made on behalf of the witness or expert, at the disposal of the Romanian judicial authority skills. The conclusion of the court, as well as the written statement of the witness or expert will be communicated to the requesting state, on one of the ways provided in 14 14 or 15. " 119. Article 176 will read as follows: "" ARTICLE 176 Expenditure level Due allowances and transport and residence expenses, refundable to the witness or expert by the requesting Romanian state, will be calculated from his place of residence and will be awarded at least equal levels to those. provided by the tariffs and regulations in force in the state in which the hearing must take place. " 120. Article 177 will read as follows: "" ARTICLE 177 Failure to present the witness or expert The witness or expert who did not appear following the receipt of the appearance citation whose communication was requested will not be able to be submitted, even if the subpoena will include a categorical order, no sanctions or coercion measures, except the case. in which he will return on his own initiative to the territory of the requesting Romanian state and if he is again quoted here, legally. " 121. Article 178 will read as follows: "" ARTICLE 178 Refusal to testify If a witness who gives a course to the subpoena and presents himself before a Romanian judicial authority refuses to testify in whole or in part, he cannot be subject to any measure of restriction of freedom or otherwise prevented from leaving Romania, even if, according to the Romanian law, such a refusal would constitute a crime or could attract coercive measures. " 122. Article 179 will read as follows: "" ARTICLE 179 Immunities (1) No witness or expert, whatever his nationality, who, following the receipt of a subpoena, shall consent to appear before the judicial authorities of the requesting Romanian State, shall neither be pursued nor held nor subject to any other restrictions of his individual freedom on the territory of Romania for acts or convictions prior to his departure from the territory of the requested foreign state (2) If during the trial the arrest of a witness who is suspected of having committed a crime in connection with his testimony before the judicial authorities of the requesting Romanian state, other than the refusal to testify, will be ordered. consider whether the interests of the judiciary would not be better protected by entrusting the prosecution, if possible, to the requested foreign state. (3) No person, whatever their nationality, is quoted before the judicial authorities of the requesting Romanian state, in order to carry out criminal proceedings for certain crimes, will not be able to be pursued, neither owned nor subject to any other measures to restrict freedom in Romania for acts or convictions prior to its departure from the territory of the foreign state requested and which are not mentioned in the citation. (4) The immunity provided for by this Article shall cease if the witness, expert or person pursued, having the possibility to leave the territory of the requesting Romanian State within 15 consecutive days after his presence is no longer required by the the Romanian judicial authorities, will remain on the territory of Romania or will return here after he has left him. " 123. Title IX is hereby repealed. 124. Article 180 will read as follows: "" ARTICLE 180 Temporary transfer of persons held in the territory of the requesting State (1) The person held, whose presence for the hearing as a witness or the confrontation is required by the requesting judicial authorities, shall be temporarily transferred to the territory of that State, subject to his return within the time indicated by the the requested judicial authority and subject to the provisions of 179, to the extent that they can be properly applied. (2) In the case of requests to the Romanian judicial authorities, the jurisdiction to settle the application belongs to the court in whose territorial area the place of possession is located. In this regard, the court will order the hearing of the person held, in the presence of an elected or appointed public defender, as well as an interpreter, if applicable, in the council chamber, with the participation of the prosecutor. The person held is known as the subject of the application, asking him to declare whether he agrees to be temporarily transferred to the territory of the requesting State for the hearing as a witness. His statement is recorded in a minutes signed by the presiding judge, the Registrar, the interpreter and the defendant. (3) If the person held does not consent, the court will order by concluding the rejection of the application. The conclusion is final and shall be communicated within 48 hours of the Ministry of Justice. (4) If the detained person consents to his temporary transfer, the court will check whether the conditions provided in par. (6), following the conclusion or rejection of the application, as the case may be. The conclusion can be appealed, within 24 hours of the ruling, by the competent prosecutor. The appeal shall be settled within 3 days. (5) The conclusion provided in par. (4) shall be communicated to the Ministry of Justice, within 24 hours from the date of final stay, which shall inform the central authority of the requesting state of the decision of the Romanian judicial authority. The conclusion by which the court ordered the temporary transfer of the person held is also communicated to the Ministry of Administration and Interior, which ensures the handing over of the person held according to par. ((8). (6) The transfer may be refused: a) if the presence of the person held is necessary in an ongoing criminal trial on the territory of b) whether the transfer of the person held is liable to extend his detention; c) if there are any other reasons opposing its transfer to the territory of the requesting State (7) The transferred person shall remain in detention in the territory of the requesting State and, if applicable, within the territory of the requested State for transit, unless the competent Romanian judicial authority requires it to be released, in the conditions of the Criminal Procedure Code (8) The place of surrender of the detainee to the requesting State, as well as the place of its takeover from this state will be a border point of the Romanian state. The prisoner is surrendered and taken under escort. The Ministry of Administration and Interior will provide teaching and takeover, informing the Ministry of Justice. ((9) Provisions of para. ((7) shall apply accordingly if the Romanian State is an applicant State. (10) In the case of applications made by the Romanian judicial authorities, subject to the provisions of 154 154 para. ((2) lit. a) and b), the transit through the territory of a third state of the person held shall be granted at the request addressed by the Ministry of Justice to the central authority of the state requested for transit, accompanied by all necessary documents. " 125. Article 181 will read as follows: "" ARTICLE 181 Temporary transfer of persons held in the territory of the requested State (1) If the object of the application for legal aid addressed to the requested State involves performing acts of procedure for which it is necessary to present a person held in Romania, the Romanian judicial authority the applicant may temporarily transfer this person to the territory of the State where the investigation must take place, if there is an agreement between the Romanian authorities and the authorities of the requested State. The modalities of temporary transfer of the person and the deadline to be sent to the territory of Romania will be established by that agreement. (2) The transferred person will remain in detention on the territory of the requested state and, possibly, on the territory of the transit state, unless the Romanian judicial authorities have asked for his release. (3) The period of detention on the territory of the requested state shall be deducted from the duration of detention that the person must or will have to carry out on the territory of Romania. 126. Article 182 will read as follows: "" ARTICLE 182 Personal appearance of convicted and transferred persons Art. 180 and 181 shall also apply accordingly to persons held on the territory of Romania, following their transfer in order to execute a sentence handed down on the territory of the state of conviction, when personal appearance for the purpose of the review The judgment is required by the state of conviction. " 127. Article 183 will read as follows: " ARTICLE 183 Witness protection Witnesses heard according to the provisions of this title shall benefit, as appropriate, from protection, according to the legislation in force. 128. Article 184 will read as follows: "" ARTICLE 184 Communication of procedural documents (. The communication of procedural documents shall be made under the conditions of this Title and in accordance with the provisions of the relevant international treaties. (2) By procedural documents, it is mainly understood the citations for parties or witnesses, the indictment, other acts of prosecution, court decisions, requests for the exercise of judicial review avenues or acts concerning the execution of a penalties, payment of a fine or payment of procedural expenses. ((3) The requests for legal assistance regarding the communication of procedural documents addressed to the Romanian judicial authorities shall be fulfilled in the trial stage by the district of which the person who resides or is the place of detention The acts are to be communicated to him, and in the prosecution phase, by the prosecutor's office. " 129. Title X is hereby repealed. 130. Article 185 will read as follows: "" ARTICLE 185 Communication and proof of communication (. The communication of procedural documents may be carried out by simple transmission to the addressee. If the requesting state expressly requests it, the Romanian state will carry out the communication in one of the forms provided for by the Romanian legislation for analogous handing over or in a special form compatible with this legislation. ((2) The proof of communication is made by a document dated and signed by the recipient or by a declaration of the requested Romanian judicial authority, finding the fact of the communication, the form and the date of the communication. The act or declaration shall be sent immediately to the requesting State At the latter's request, the Romanian state will specify whether the notification was made in accordance with the Romanian law. If the communication could not be made, the Romanian state immediately notifies the requesting state about the reason for non-communication. " 131. Article 186 will read as follows: "" ARTICLE 186 Deadline for communication The citation for appearance, intended for a wanted person who is on the territory of Romania, is transmitted to the competent Romanian authorities no later than 40 days before the date fixed for appearance. This period shall be taken into account when fixing the date of appearance and transmission of the citation. ' 132. Article 187 will read as follows: " ARTICLE 187 Communication by post of procedural documents (1) The Romanian judicial authorities may transmit directly, by post, the procedural documents and decisions of the persons who are on the territory of a foreign state, if through the international legal instrument applicable in relation to that state, provides such. (2) In the case provided in par. ((1), the procedural documents and judgments shall be accompanied by a note indicating that the consignee may obtain from the issuing judicial authority information on his rights and obligations. " 133. After Article 187, three new articles are introduced, articles 187 ^ 1-187 ^ 3, with the following contents: " ARTICLE 187 ^ 1 Communication of documents and data (1) The Romanian state communicates, in so far as the Romanian judicial authorities may themselves obtain in such a case, the extracts on the criminal record and any data relating to it, which will be required, for a criminal case, by judicial authorities of the requesting foreign state. (2) In other cases, other than those provided in par. (1), it will be followed by such a request, under the conditions provided by the Romanian law. Article 187 ^ 2 Transmitting information (1) The Romanian state will transmit to the foreign state interested information about the criminal decisions and the subsequent measures, which refer to the citizens of the foreign state and who were the subject of a mention in the criminal record. This information shall be communicated at least once a year. (2) If the person concerned is a citizen of several states, the information shall be communicated to each state concerned unless this person has the citizenship of the Romanian state. (3) The Romanian state shall transmit to the foreign state concerned, at its request, in special cases, a copy of the decisions and measures provided in par. ((1), as well as any other information relating thereto, in order to enable it to examine whether they require measures domestically. Article 187 ^ 3 Romanian competent authority (1) The information referred to in art. 187 are transmitted through the Ministry of Justice. (2) Information of the same kind, received from the competent authorities of foreign states in the exchange of information, shall be received by the Ministry of Justice, which shall transmit them to the competent authorities, to proceed in relation to the tasks relating to the recognition and registration of foreign criminal decisions, respectively. '; 134. After Article 187 ^ 3, Chapter II is inserted, comprising Articles 187 and 4-187 ^ 18, with the following contents: "" CHAPTER II Provisions on legal aid applicable in relation to the Member States of the European Union + Section 1 Provisions for the implementation of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at the common borders, Schengen Article 187 ^ 4 Providing assistance According to this section, legal aid is also granted: a) in proceedings concerning facts punishable under the Romanian law or the law of the requesting Member State as infringements of the legal rules, found by the administrative authorities whose decision may be appealed before a competent court in criminal matters; b) in proceedings concerning the award of damages for abusive research or unlawful conviction; c) in non-contentious proceedings; d) in civil actions joined to criminal actions, as long as the court has not definitively decided in respect of the criminal side; e) to notify judicial communications concerning the execution of a penalty or a safety measure, the payment of a fine or the payment of costs; f) for measures to suspend the delivery or delay the execution of a sentence or a safety measure, conditional release or suspension or interruption of the execution of a sentence or a safety measure. Article 187 ^ 5 Tax and excise assistance assistance (1) The Romanian State shall grant, in accordance with the provisions of the European Convention for Judicial Assistance in Criminal Matters of 20 April 1959, legal assistance with regard to the violations of the legal provisions on excise duties, of the value tax Added also in customs matters. ((2) If Romania is an applicant state, the information and evidence obtained from the requested State will not be transmitted or used for other investigations, prosecutions or proceedings than those mentioned in the application, unless it has prior consent of the requested State. ((3) The legal aid provided for in this Article may be refused where the total presumed amount of unpaid customs duties in full or circumvented does not exceed EUR 25,000 or the equivalent in lei or when the presumed value of goods exported or imported without authorization do not exceed 100,000 euro or the equivalent in lei, unless, given the circumstances or identity of the accused, the requesting State considers the case to be very serious. (4) The provisions of this Article shall also apply where the requested legal aid relates to facts which are liable only to a fine for infringements of the legal rules sanctioned by administrative authorities and when emanates from a judicial authority. Article 187 ^ 6 Search and seizure (1) Provisions art. 163 163 para. ((1) shall not apply in relation to States Parties to the Convention implementing the Schengen Agreements. (2) In relation to the states mentioned in par. ((1), for the execution of requests for commissions rogatory having as object searches or seizure may be imposed, however, the following conditions: a) the Romanian and the state legislation requested to provide for the act that determined the request for a rogatory commission a custodial sentence or a safety measure of a restrictive nature of freedom, the maximum of which is at least 6 on Monday, or the legislation of one of the parties to provide for an equivalent penalty, and in the law of the other party the act to be punished as a violation of the legal rules, ascertained by the administrative authorities whose decision may be appealed appeal before a competent criminal court; b) making the rogatory commission compatible with the Romanian law. Article 187 ^ 7 Transmission of procedural documents by post ((1) In the case of postal transmission of procedural documents, if there is reason to believe that the recipient does not understand the language in which the act is drafted, this act or at least the important passages thereof must be translated/translated into language or one of the languages of the Member State in which the recipient is found. If the authority that dispatches the act knows that the consignee knows only another language, its act or at least its important passages must be translated/translated into this language. (2) The expert or witness who does not appear in court, although he was quoted by post, may not be subject to any sanctions or restrictive measures, even if in the summons mention is made of the application of a sentence, unless which subsequently enters willingly on the territory of Romania and here is again legally quoted. The authority that dispatches the subpoenas by post shall ensure that they do not involve any punishment. (3) If the act constituting the application for legal aid is punishable, according to the domestic law of both states, as a violation of the legal rules, ascertained by the administrative authorities whose decision may be appealed in the face of a competent court in criminal matters, the dispatch of procedural documents shall be carried out in principle in accordance with the procedure ((1). (. Where the addressee's address is unknown or where a formal notification is required, the sending of procedural documents may be made through the judicial authorities of the requested Member State. Article 187 ^ 8 Cross-border surveillance In application of the provisions of this section, the list provided for 170 170 para. (5) shall be supplemented by the following facts: a) culpable homicide; b) serious fraud; c) money laundering; d) illicit trafficking of nuclear substances and radioactive substances; e) participation in the criminal organisations referred to in Joint Action 98 /733/JHA of 21 December 1998 on the criminalisation of participation in criminal organisations in the Member States of the European Union; f) the terrorist offences set out in Framework Decision 2002 /475/JHA of 13 June 2002 on combating terrorism. Article 187 ^ 9 Cross-border tracking (1) The agents of a foreign state who, on the territory of their state, follow a person caught in the act committing one of the crimes provided in par. (5) or who participated in the commission of such a crime can continue the pursuit on the territory of the Romanian state, without prior authorization, if, due to the particular urgency of the situation, the competent authorities of the Romanian state could not be informed in advance, by means of direct communications, such as telephone, fax, radio, about the entry into their territory or when the competent Romanian authorities could not arrive in time at the place to take the action of pursuit. (2) Provisions of para. (1) shall also apply if the person pursued, being in custody or in the execution of a custodial sentence, has escaped. (3) The agents of the foreign state who carry out the pursuit contact the competent Romanian authority at the latest when crossing the state border of Romania. At the request of the competent Romanian authority, the prosecution will cease At the request of foreign agents who carry out the pursuit, Romanian agents shall take the necessary measures in order to establish the identity of the person pursued or to order the detention or pre-trial detention of it, under the conditions ((. Tracking may be carried out only in compliance with the following general conditions: a) the agents who carry out the pursuit must comply with the Romanian legislation and comply with the instructions of the competent Romanian authorities; b) the pursuit is carried out only across land borders; c) the entry into the home of a person and other places not accessible to the public is prohibited; d) the agents carrying out the pursuit must be easily identifiable either by wearing the uniform or an inscription in visible place on the clothes, or by accessory devices placed on the vehicle; the use of civil clothes combined with the use of unmarked vehicles, without the above mentioned identifications, shall be prohibited; e) the tracking agents may bear the armaments provided, its use being prohibited, except in the case of self-defense; f) after each activity referred to in par. (1)-(3) the agents carrying out the pursuit shall present themselves before the competent Romanian authority and provide information on their mission; at the request of the competent Romanian authority, they shall be obliged to remain at its disposal until the circumstances in which the action was carried out have been sufficiently clarified; this provision is applicable even if the pursuit has not been completed with the preventive arrest of the person pursued; g) the authority of the state to which the agents who carried out the pursuit belong, at the request of the Romanian competent authority, may assist in the investigation subsequent to the operation, including h) from the moment she was detained under the conditions of par. (6), in order to be brought before the competent Romanian authorities, the person pursued may be subject only to a search in order to ensure the security of its transfer; during the transfer the handcuffs may be used; the wanted person can be confiscated. (5) The follow-up provided in par. ((1) can only take place for one of the following facts: a) culpable homicide, murder, qualified murder, aggravated murder; b) rape; c) Qualified destruction and destruction, committed by fire, explosion or by any such means; d) counterfeiting of coins and other values; e) theft and robbery in the qualified form and receipt of stolen goods; f) blackmail; g) illegal deprivation of liberty; h) crimes related to human trafficking and crimes related to human trafficking; i) offences relating to drug trafficking or precursors; j) crimes related to non-compliance with the regime of weapons and ammunition, explosive materials, nuclear materials and other radioactive materials; k) illegal transport of toxic and harmful waste; l) leaving the scene of the accident without the consent of the police or the prosecutor carrying out the investigation of the scene by the driver of any vehicle engaged in a traffic accident from which the killing or injury resulted the bodily integrity or health of one or more persons. ((6) If the competent Romanian authorities do not seek an end to the pursuit and insofar as they cannot intervene quickly enough, the foreign agents carrying out the pursuit may keep the person pursued in their custody until Romanian agents establish his identity until the person is detained or remanded in custody, as the case may be, under the conditions provided by law, with the immediate information of Romanian agents (7) A person who, following the action provided in par. (6), has been detained or remanded in custody by the competent Romanian authorities, will be kept in detention for questioning, regardless of nationality. The provisions of the Code of Criminal Procedure shall apply accordingly. If the person is not a Romanian citizen, it will be released, after no more than 6 hours after taking the measure of detention or preventive arrest, without including the hours between midnight and 9.00 am, if the competent Romanian authorities do not have received in advance a request for the provisional arrest of that person for the purpose of his extradition, regardless of its modality. Article 187 ^ 10 Liability of foreign (1) During the operations and activities referred to in art. 187 ^ 8 and 187 ^ 9, foreign agents who carry out the pursuit on the territory of Romania are assimilated to persons who have the same quality in the Romanian state regarding crimes committed against them or by them. (2) If during the operations provided for in art. 187 ^ 8 foreign agents produce an injury, the state whose agents are liable for this damage, in accordance with the Roman law. (3) The state whose agents caused damage to a person on the territory of Romania shall return to the Romanian state the totality of the amounts he paid to the victims or other persons entitled on their behalf. (4) Without prejudice to the exercise of rights to third parties and with the exception of the provision in par. (3), the Romanian state will not request in the case provided in par. (2) the refund of the damages suffered by another state. + Section 2 Other provisions on legal aid applicable in relation to the Member States of the European Union Article 187 ^ 11 Information on bank accounts ((1) At the request of the authorities of a Member State of the European Union, the Romanian authorities will order the necessary measures to identify bank accounts, regardless of their nature, which are controlled or held in a unit banking in Romania by a natural or legal person who is the subject of a criminal investigation, and will provide their bank account numbers, as well as any other details. The information will also include data on the accounts for which the person subject to the proceedings has the power of attorney, insofar as they have been expressly requested and may be provided within a reasonable time. (2) The data provided in par. ((1) will be provided only to the extent that the information is at the disposal of the bank holding the bank accounts. (3) The data provided in par. ((1) will be provided only if the criminal investigation concerns, as appropriate: a) a crime punishable by a custodial sentence or a warrant for the execution of the prison sentence for a maximum period of at least 4 years, in the requesting state, and at least 2 years in the requested state; or b) an offence referred to in art. 2 2 of the Convention establishing the European Police Office (Europol Convention) of 1995 or the Annex to the Convention; or c) to the extent that the offence is not provided for by the Europol Convention, an offence provided for by the 1995 Convention on the Protection of the Financial Interests of the European Communities, the Additional Protocol of 1996 or the Second Protocol Additional since 1997. (4) If the information provided in par. (1), the requesting authority, by its request, shall mention the following: a) the reasons why the requested information is considered to be of substantial value for the purposes of the investigation; b) the elements on the basis of which it was established that the banks located on the territory of Romania own or control the bank accounts and, in so far as it holds such data, which are the banks involved; c) any other available data that could facilitate the execution of the application. (5) The application made pursuant to paragraph 1. (1) is subject to the following conditions: a) the fulfilment of the application is compatible with Romanian law; b) the act that is the subject of the criminal investigation to be a crime according to (. In the case of requests made by the Romanian authorities, the provisions of this Article shall apply accordingly. Article 187 ^ 12 Information on banking operations (1) On request, the Romanian authorities will provide details on the bank accounts indicated by the requesting foreign authorities, as well as on the banking operations that have been carried out, within a defined period, by one or more of the bank accounts indicated in the application, including details of any sender or addressee of account. (2) The data provided in par. ((1) will be provided only to the extent that the information is at the disposal of the bank holding the bank accounts. ((3) If the information provided in par. (1), the requesting authority, by its request, will show the reasons why the requested information is considered to be of substantial value for the purposes of the investigation of that offence. (4) The application made pursuant to paragraph 1. (1) is subject to the following conditions: a) the fulfilment of the application is compatible with Romanian law; b) the act that is the subject of the criminal investigation to be a crime according to (. In the case of requests made by the Romanian authorities, the provisions of this Article shall apply accordingly. Article 187 ^ 13 Banking transaction supervision (1) The Romanian authorities shall ensure at the request of the authorities of a Member State of the European Union the supervision, for a fixed period, of the banking operations that run through one or more of the bank accounts indicated by Requesting authorities. (2) If the information provided in par. (1), the requesting authority, by its request, will show the reasons why the requested information is considered to be of substantial value for the purposes of the investigation of that offence. (3) The competent Romanian judicial authorities shall authorise, under the conditions laid down by the Romanian law, the supervision Under the conditions provided by the Romanian law, the Romanian and foreign judicial authorities will determine the concrete ways of supervision. Article 187 ^ 14 Confidentiality The banks will ensure confidentiality both on the transmission of information to the requesting authorities and on the criminal investigation conducted, without being able to disclose this data to the client or any other person. Article 187 ^ 15 Obligation to inform ((1) If, in the course of the execution of the application, it is necessary to carry out further research, which could not be foreseen or specified by the requesting authority in the original application, the requested Romanian authority shall inform without delay requesting State. (2) After being informed, according to par. (1), the requesting state will be able to make an additional request, according to art 187 187 ^ 16. ((3) Provisions of para. ((1) shall also apply where further research is to be carried out by the authorities of another Member State of the European Union or of a third State. Article 187 ^ 16 Additional requests ((. Where the requesting State authorities make an additional request for the initial application, the request shall contain only the data necessary to identify the original application and other additional data necessary. (2) Whenever the requesting authorities participate together with the Romanian authorities in the execution of the request for assistance, they will be able to address directly to the Romanian authority requested the additional request provided in par. ((1). A copy of it will also be transmitted to the Ministry of Justice or the Prosecutor's Office of the High Court of Cassation and Justice, as the case Article 187 ^ 17 Banking secrecy Banking secrecy cannot be invoked as grounds for refusal of cooperation on requests for assistance made by the authorities of a Member State of the European Union. Article 187 ^ 18 Communication of refusal decisions Decisions to refuse judicial assistance shall be communicated to the Secretariat of the Council of the European Union and Eurojust 135. Article 189 will read as follows: "" ARTICLE 189 (1) The present law shall enter into force 60 days from the date of publication in the Official Gazette of Romania, Part I, except for the provisions of the head. III ^ 1 of Title II, of the provisions of Title III, of the head. II ^ 1 of Title IV and head. II of Title VII, which will take effect on the date of Romania's accession to the European Union. ((2) As from the date of accession of Romania to the European Union, the provisions of Title III will replace, in relation to the Member States of the European Union, the provisions on extradition, unless the Member State in which the find out that the person pursued has made declarations within the meaning of the non-application of the Council Framework Decision of 13 June 2002 on the European Arrest Warrant and the surrender procedures between the Member States of the European Union for acts committed before a certain date. " 136. The Annex shall be amended and replaced by the Annex to this Law. + Article II On the date of entry into force of this Law, the provisions art. 3 3 and 4 of Law no. 80/1997 for the ratification of the European Extradition Convention, concluded in Paris on 13 December 1957, and its Additional Protocols, concluded in Strasbourg on 15 October 1975 and on 17 March 1978, published in the Official Gazette of Romania, Part I, no. 89 of 14 May 1997, with subsequent amendments and completions. + Article III Law no. 302/2004 on international judicial cooperation in criminal matters, published in the Official Gazette of Romania, Part I, no. 594 of July 1, 2004, with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT BOGDAN OLTEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, June 1, 2006. No. 224. + Annex EUROPEAN ARREST WARRANT This mandate shall be issued by ............................ the competent judicial authority. I call for the arrest and surrender to the judicial authorities of the person listed below ........................................... (in order to carry out a criminal investigation or to carry out a penalty or a safety measure) custodial). a) Information on the identity of the requested person Name: .............................................. First name: ............................................... The name had before the marriage (if applicable): ........... Nickname (if applicable): ................................... Gender: .............................................. Nationality: ..................................... Date of birth: ........................... Place of birth: ................................................. Residence and/or residence: ............................. Language (s) that the requested person understands (if known): .................................................... Particular physical traits/description of the person followed: ............ The photograph and fingerprints of the person tracked, if available and can be sent, or the address of the person who can be contacted for the purpose of obtaining them or to obtain a characterization of the DNA (if not included such information and has it for its transmission) b) The act on which the arrest warrant is based 1. Arrest warrant or final court decision: ................... Type: .................................................... Final and enforceable court decision: .................. Reference: ................. c) Information on the duration of sentence 1. Maximum duration of the sentence or of the custodial safety measure that may apply to the offence or offences: ............................................................... 2. Duration of the sentence or of the custodial safety measure applied: ...................................... Sentence which remains to be executed: ............................... d) Judgment rendered in absentia and in a judicial proceeding during which the person was absent or unrepresented: -the person concerned has been personally summoned or informed by other means of the date and place of the meeting in which the judgment was delivered in absentia; -the person concerned was not personally quoted nor informed by other means of the date and place of the meeting in which the judgment was dictated in absentia, but he has the following legal guarantees after handing over to the judicial authorities (if such guarantees may be present in advance): Specification of legal guarantees: ............................ e) Offences (offences): This mandate refers to a total of ............ facts. Description of the circumstances in which the facts/facts were committed, including the time (date and time), place and degree of participation in this/these of the person pursued: ............................ Nature and legal classification of the facts and applicable legal provisions/applicable code: ................................... I. To mark the corresponding boxes, if it is one or more of the following facts, sanctioned in the issuing Member State with a sentence of at least 3 years, as defined in the law of the issuing Member State: [] participation in an organized criminal group; [[] terrorism; [[] human trafficking; [] sexual exploitation of children and child pornography; [[] illicit trafficking of drugs and psychotropic substances; [] illicit trafficking of weapons, ammunition and explosive substances; [[] corruption; [[] fraud, including that against the European Communities ' financial interests, within the meaning of the Convention of 26 July 1995 on the protection of the financial interests of the European Communities [] washing the proceeds of crime; [[] counterfeiting of the currency, including the euro; [[] facts related to cybercrime; [[] facts on the environment, including trafficking in endangered animal and plant species; [[] facilitating illegal entry and stay; [] murder and grievous bodily harm; [[] illicit trafficking of human organs and tissues; [] deprivation of liberty illegally, abduction and hostage-taking; [[] racism and xenophobia; [] organized or armed theft; [] illicit trafficking of cultural goods, including antiques and works of art; [[] cheating; [[] embezzlement; [] counterfeiting and piracy of goods; [[] falsification of official documents and use of falsified official documents; [[] counterfeiting of means of payment; [[] illicit trafficking of hormonal substances and other growth factors; [[] illicit trafficking of nuclear or radioactive materials; [] Traffic of stolen vehicles; [[] rape; [[] arson with intent; [] crimes under the jurisdiction of the International Criminal Court; [[] illegal sequestration of ships and aircraft; [] sabotage. II. Detailed description of the offence or offences other than those listed in section 6.6. I: ................................. f) Other circumstances regarding the deed or person of the accused/defendant (optional information): (N.B. There may be observations on extraterritoriality, the suspension of limitation periods.) ........................... g) This mandate also refers to the remission of objects that may constitute material means of proof. This mandate also refers to the remission of the objects in the possession of the person wanted for the commission of the crime: -description and location of objects (if known): .................................. h) The offence or offences for which this mandate has been issued are sanctioned with the punishment of life imprisonment: -the legal provisions of the issuing Member State providing for the revision of the sentence applied or conditional release, after the execution of 20 years of the sentence applied, and/or -the legal provisions of the issuing Member State which provide for the application of the leniency measures to which it is entitled, in accordance with the law or practice of the issuing Member State, which may determine the non-execution of the sentence i) The issuing judicial authority of this mandate: Official name: ........................................ Name of its representative: ............................... Function: .................................................... File reference: ....................................... Address: .................................................. Telephone number: (country prefix) (city prefix) (...) ...................................................... Fax number: (country prefix) (city prefix) (...) .......................................................... Email: ...................................................... Address of the contact person (competence for effective teaching): ....................................... Where a central authority is designated for the transmission and reception of European arrest warrants: Name of central authority: ................................ Contact person, if applicable (function/degree and name): ....................... Address: .................................................... Telephone number: (country prefix) (city prefix) (...) .......................................... Fax number: (country prefix) (city prefix) (...) .............................................. E-mail: ............................... Signature of the issuing judicial authority, of the representative or of both: .............................. Name: ................................................ Function: .............................................. Date: .................................................... Official stamp (if any) -------