Machine Translation of "Law No. 222 Of 28 October 2008 For The Modification And Completion Of The Law #. 302/2004 Relating To International Judi..." (Romania)

Law No. 222 Of 28 October 2008 For The Modification And Completion Of The Law #. 302/2004 Relating To International Judicial Cooperation In Criminal Matters

Original Language Title: LEGE nr. 222 din 28 octombrie 2008 pentru modificarea şi completarea Legii nr. 302/2004 privind cooperarea judiciară internaţională în materie penală

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LEGE no. 222 222 of 28 October 2008 to amend and supplement Law no. 302/2004 on international judicial cooperation in criminal matters

ISSUER

PARLIAMENT

Published in OFFICIAL MONITOR no. 758 758 of 10 November 2008

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, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 41, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: " (1 ^ 1) In the situation referred to in par. (1), the Ministry of Justice shall determine, if any, the applicant state to be handed over to the person extradited, according to the international obligations assumed by Romania through the international treaties in matters to which it is a party or arising from the status of a Member of the European Union, taking into account the final judgments on each of the requests for extradition and the criteria set out in paragraph 1. ((1). ' 2. Article 42 is amended and shall read as follows: "" ARTICLE 42 Referral to the competent prosecutor Except for the refund cases provided for in art. 40 40 para. (4), the request for extradition and the annexes shall be transmitted by the Ministry of Justice, within 48 hours, to the prosecutor general of the prosecutor's office of the court of appeal in whose constituency the extraditable person was located or, if not is known the place where the person is, the prosecutor general of the Prosecutor's Office of the Bucharest Court of Appeal. " 3. In Article 44, paragraphs 1 and 2 shall be amended and shall read as follows: " (1) The judicial extradition procedure is within the jurisdiction of the appellate court in whose constituency the extraditable person and the prosecutor's office have been located. ((2) The request for provisional arrest for extradition and the request for extradition shall be settled by a panel of a judge of the criminal section of the competent court of appeal. " 4. In Article 45, paragraphs 1, 3, 5, 6 and 7 shall be amended and shall read as follows: " (1) The competent attorney general or the prosecutor appointed by him shall, within 48 hours of the receipt of the request for extradition and the annexed acts, identify the extraditable person to whom the content of the acts transmitted by Requesting State authorities ........................................................................... (3) The provisional arrest for extradition shall be ordered and extended by the same fully invested with the resolution of the extradition request, by conclusion, without the total duration of the provisional arrest being able to exceed 180 days. After drawing up the decision ordering the arrest, the judge immediately issues a provisional arrest warrant for extradition. The provisions of the Code of Criminal Procedure regarding the content and execution of the arrest warrant shall apply accordingly. .......................................................................... (5) In the course of the resolution of the extradition request, the court regularly checks, but not later than 30 days, the need to maintain provisional arrest, and may order, as appropriate, the maintenance of provisional arrest or its replacement by measure obliging not to leave the country or locality. The measure of provisional arrest is replaced by the obligation not to leave the country or locality only in duly justified cases and only if the court considers that the extraditable person will not attempt to evade the trial of the extradition request. (6) With the admission of the extradition request, by sentence, the court also orders the arrest of the person extradited for surrender. (7) The measure of arrest for surrender shall cease by law if the person extradited is not taken over by the competent authorities of the requested state, within 30 days from the date agreed for the surrender, except in the case provided for in art. 59 59 para. ((6). In this case, the court orders the immediate release of the extradited person and informs about this Ministry of Justice and the International Police Cooperation Center of the Ministry of Interior and Administrative Reform. " 5. Article 45 (8) shall be repealed. 6. in Article 45, after paragraph 9, a new paragraph (10) is inserted, with the following contents: " (10) The conclusion by which it was ordered to take, maintain, replace or terminate the measure of provisional arrest for extradition may be appealed separately with appeal, within 24 hours of delivery. The case will be submitted to the appeal court within 24 hours, and the appeal is adjudicated within 3 days of the registration of the case. The appeal declared against the conclusion by which the measure was ordered to be taken or maintained shall not be suspended. " 7. In Article 46, paragraph 3 shall be amended and shall read as follows: " (3) The request for provisional arrest for extradition is transmitted, through the International Police Cooperation Center of the Ministry of Interior and Administrative Reform, to the competent prosecutor's office, with the information of the Ministry Justice. If the provisional arrest for extradition is requested on the basis of reciprocity, as well as when the request for arrest concerns one of the persons referred to in art. 23, it shall be transmitted to the Ministry of Justice, in order to carry out the international regularity examination provided for in 40 40, which shall apply accordingly. ' 8. Article 47 is amended and shall read as follows: "" ARTICLE 47 Detention for extradition The judicial body in whose constituency has been located the person whose provisional arrest for extradition is required by the competent authorities of a requesting State may order the detention for no more than 24 hours. If the detention measure was taken by the criminal investigation body of the judicial police, it is obliged, in the first 10 hours after the detention, to present the internationally followed person with the competent prosecutor. " 9. In Article 49, paragraph 2 shall be amended and shall read as follows: " (2) Under the conditions provided in par. (1), the extraditable person may declare that he waives the application of the rule of specialty provided in art. 73 73 ^ 1. " 10. In Article 54 (1), point a) shall be amended and shall read as follows: " a) order, in the case of the contest of applications provided for in art. 41, the connection of the files, even if they relate to different facts or are registered with different courts of appeal, the territorial jurisdiction belonging to the court of appeal of the first complaint; ". 11. In Article 58, paragraphs 2 and 3 shall be amended and shall read as follows: " (2) In order to establish the date and place of surrender, the Ministry of Justice shall immediately communicate to the International Police Cooperation Center within the Ministry of Interior and Administrative Reform an extract of the remaining court decision. Definitive. (3) The date of surrender will be communicated to the Ministry of Justice and the competent court of appeal within 15 days from the date of transmission of the court decision provided in par. ((1). If the date of surrender was not fixed within the 15-day period, the International Police Cooperation Center of the Ministry of Interior and Administrative Reform informs on the steps taken and the reasons why the date of surrender could not be established during this period. ' 12. In Article 59, paragraphs 4 to 6 shall be amended and shall read as follows: " (4) The place of surrender will be a border point of Romania. The International Police Cooperation Center of the Ministry of Interior and Administrative Reform ensures, through the Interpol National Bureau, the handover and informs about this Ministry of Justice and the competent court of appeal. The extradited person is handed over and taken over under escort. (5) Subject to the case provided in par. ((6), if the person extradited is not taken over on the set date, it will be possible to be released on the expiry of a period of 15 days, counted from this date; this term will not be able to be extended until at most another 15 days. (6) In case of force majeure, which prevents the surrender or receipt of the extradited person, the Romanian authorities and those of the requesting state will agree on a new teaching date, the provisions of art. 58 58 para. ((3) being applicable. ' 13. In Article 63, paragraph 1 shall be amended and shall read as follows: " (1) Unless provided for in art. 73 ^ 1 para. ((1) lit. b), the consent of the Romanian state is necessary to allow the requesting state to hand over to another state the person who was handed over to him and who would be sought by the third state for crimes prior to teaching. The Romanian state will be able to request the presentation of the documents 38 38 para. ((2). ' 14. In Article 66 ^ 1, paragraph (2) is amended and shall read as follows: " (2) The international prosecution warrant for extradition contains all the elements necessary to identify the person pursued, a summary statement of the factual situation and data on the legal classification of the facts, as well as the request for arrest provisional for extradition. " 15. Article 66 (1) (3) shall be repealed. 16. In Article 66 ^ 1, after paragraph 4, a new paragraph (5) is inserted, with the following contents: " (5) The provisions of this Article shall not affect the provisions of 81, which applies in relation to the Member States of the European Union. If the state in which the person concerned is not known, the provisions of this Article and the provisions of art. 81 applies both. " 17. In Article 67, paragraph 3 shall be amended and shall read as follows: " (3) The judgment is made urgently and in particular, in the council chamber, by a complete format of a single judge, with the participation of the prosecutor and without the summoning of the parties. The judge shall rule by reasoned conclusion, given in the council chamber. " 18. In Article 67, after paragraph 3, a new paragraph (3 ^ 1) is inserted, with the following contents: " (3 ^ 1) For the bookkeeping of the activity of the courts will be held a separate sentence for the court hearings of the referrals on extradition. In this register are passed the files of each meeting, separately on the complete, the pronounced conclusion and its number, as well as the initials of the judge who will draft it. At the same time, the Register of referrals on extradition is drawn up and kept, in which the following mentions will be made: the current number; the name and surname of the defendant or the convict; the number and date of the arrest warrant preventive or execution of punishment; number and date of address of the International Police Cooperation Center of the Ministry of Interior and Administrative Reform or Ministry of Justice; number of court file; number and date Conclusion of the Ministry of Justice. The appeal court will keep a separate register for these cases. The register of referrals on extradition is not intended for advertising. " 19. In Article 67, paragraphs 6, 8 and 9 shall be amended and shall read as follows: " (6) Within no more than 3 days from the date of receipt of the final conclusion by which the conditions for the request of extradition have been found, the Ministry of Justice, through the specialized direction, performs a regular examination international. Art. 40 40 shall apply accordingly. ........................................................................... (8) If the conditions of international regularity are not met for the request of extradition, the Minister of Justice, through the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, seeks review of the judgment final court finding that the conditions for requesting extradition are met. The review cannot be required for any reason other than that related to the findings of the international regularity examination. (9) The request for revision shall be made no later than 3 days, if the person referred to in par. (1) is arrested for extradition to Romania. In all other cases the application shall be made no later than 15 days. The term flows from the date on which the Attorney General receives the request by which the Minister of Justice asks him to promote the review of the final court decision finding that the conditions for requesting Extradition. Jurisdiction to judge the request for review is the court provided in par. ((1). If the person referred to in par. (1) is arrested for extradition to Romania, the request for review shall be resolved urgently and in particular. In all other cases, the request for review shall be settled within one month from the date of registration of the case. " 20. In Article 67, after paragraph 11, a new paragraph (11 ^ 1) is inserted, with the following contents: "" (11 ^ 1) If the extradition of a person convicted in absentia is requested, if the requested state brings to the attention of the person pursued the decision rendered in absentia, such notification will not produce effects to the procedure criminal in Romania. " 21. Article 68 shall be repealed. 22. Article 69 is amended and shall read as follows: "" ARTICLE 69 Retrial of the extradited person Ensuring the retrial in case of extradition of the person convicted in absentia is given by the Ministry of Justice, at the request of the requested state 23. In Article 73 ^ 1, paragraphs 1 and 2 shall be amended and shall read as follows: " (1) The person rendered 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, other than that who motivated the extradition, apart from the cases when: a) the state that handed it over to it; for this purpose, the competent Romanian authorities will transmit to the requested state an application accompanied by the acts provided for in art. 38 38 para. ((2) and a minutes in which the statements of the extradited person are recorded; b) having the possibility to do so, the extradited person did not leave, within 45 days of his final release, the territory of Romania, or if he returned to Romania after leaving the territory of the Romanian state. (2) The Romanian authorities will take the necessary measures in order, on the one hand, to a possible reference of the person on the territory of Romania, and on the other hand, to the interruption of the prescription according to the Romanian legislation, including the use of a procedure in missing. " 24. Article 76 shall be repealed. 25. In Article 77, paragraph 1 shall be amended and shall read as follows: " (1) The European Arrest Warrant is a judicial decision whereby a competent judicial authority of a Member State of the European Union requests the arrest and surrender by another Member State of a person for the purpose of pursuing criminal, judgment or execution of a sentence or a custodial safety measure. " 26. In Article 78, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: " (2 ^ 1) The Romanian authorities competent to receive the European arrest warrant are the Ministry of Justice and the prosecutor's offices of the appellate courts designated according to par. (2) in whose constituency the requested person was located. If the requested person is not known, the European arrest warrant shall be transmitted to the Prosecutor's Office of the Bucharest Court of Appeal. " 27. In Article 78, paragraph 3 shall be amended and shall read as follows: " 3) The Romanian central authority is the Ministry of Justice. In this capacity, Ministry of Justice: a) receives the European arrest warrant issued by a judicial authority from another Member State of the European Union and sends it to the prosecutor's office of the appellate court in whose constituency the requested person or the Prosecutor's Office has been located in addition to the Bucharest Court of Appeal, if the requested person has not been located, whenever the issuing judicial authority fails to transmit the European arrest warrant directly to the receiving Romanian judicial authority; b) transmit the European arrest warrant issued by a Romanian judicial authority, if it cannot transmit it directly to the foreign welcoming judicial authority or when the executing Member State has designated as welcoming authority the Ministry Justice; c) keep records of the European arrest warrants issued or received by the Romanian judicial authorities, for statistical purposes; d) performs any other award established by law designed to assist and support the Romanian judicial authorities in the issuance and execution of European arrest warrants. " 28. The marginal name of Article 79 is amended and shall read as follows: "" ARTICLE 79 Content and form of the European arrest warrant ' 29. In Article 79, paragraph 2 shall be amended and shall read as follows: " (2) The European arrest warrant shall be drawn up in accordance with the form set out in Annex no. 1 1. " 30. In Title III, the name of Chapter II is amended and shall read as follows: "" CHAPTER II Issuance by the Romanian authorities of a European Arrest Warrant " 31. Article 81 is amended and shall read as follows: "" ARTICLE 81 Procedure for issuing the European Arrest Warrant (1) In the situation provided for in art. 66 ^ 1 para. (1), a European arrest warrant is issued whenever it has not intervened, according to the Romanian law, the prescription of criminal liability or the execution of punishment or amnesty or pardon, and is fulfilled, as the case may be, one of the following conditions: a) the punishment provided for by the law is at least one year, if the arrest and surrender is requested in order to exercise the prosecution or the judgment; b) the sentence or the custodial safety measure applied shall be at least 4 months, if the arrest and surrender is requested for the execution of the sentence or the custodial safety measure. (2) The European arrest warrant is issued, in the prosecution phase, by the judge delegated by the president of the court to whom the jurisdiction would return to judge the case in substance, and in the trial and execution phase, by the judge delegated by the the president of the first court or of the executing court, in the following situations: a) upon referral to the prosecutor who carries out or supervises the prosecution of the requested person, if the arrest and surrender is requested in order to carry out the b) to the complaint of the court that ordered the taking of the measure of preventive arrest of the defendant or who decided on the safety measures, as the case may be, or of the body to which the mandate is executed, if the arrest and surrender of requests for judgment or execution of the prison sentence or a custodial safety measure. (. The competent judge shall verify that the conditions laid down in paragraph (1) and proceed, as appropriate, as follows: a) issue the European Arrest Warrant and supervise the taking of measures for its transmission, according to 82 and 83; if the person is located on the territory of a Member State of the European Union, he has the translation of the European arrest warrant, within 24 hours, according to par. ((6); b) ascertains, by reasoned conclusion, that the conditions provided in par. (1) to issue a European Arrest Warrant. The conclusion can be appealed by the prosecutor, within 3 days of communication. The appeal is judged by the higher court, within 3 days of the registration of the case, and in case of admission of it, the first instance is obliged to issue a European arrest warrant. (4) In the case provided in par. ((3) lit. a), the competent judge informs the prosecutor who carries out or supervises the prosecution or the court on the role of which the criminal case is located about the issuance of the European arrest warrant, and in the case ((3) lit. b) communicate the conclusion of the prosecutor who performs or supervises the prosecution or the prosecutor of the court of execution. (5) In the event of the issue of a European arrest warrant, the judge may request the executing judicial authority to dismiss the assets constituting material means of proof. (6) In the situation provided for in art. 83 83 para. (2), the European arrest warrant in Romanian is transmitted to the International Police Cooperation Center of the Ministry of Interior and Administrative Reform, in order to broadcast on specific channels. It will be translated, through the care of the issuing court, into the language imposed by the executing Member State, after the location of the person requested on the territory of a particular Member State of the European Union is confirmed If in the constituency of the issuing court there is no authorized translator for the foreign language in which the translation is required, the issuing judicial authority requests the support of the Ministry of Justice, and the translation will be carried out through its care. (7) For the record of the court's work, the Register of Records of European Arrest Warrants shall be drawn up and kept. In this register the following entries are made: the current number; the name, surname and citizenship of the requested person; the number and date of the address of the prosecutor's office or of the court on whose role the criminal case is; issuing the European Arrest Warrant; the date of transmission of the European Arrest Warrant; information on the execution of the European Arrest Warrant; the reasons for non-execution of the European arrest warrant; withdrawal of the European arrest warrant. The register is not for advertising. ((8) The procedure provided for in this Article shall be confidential until the person requested in the executing Member State has been arrested. " 32. Article 82 (3) shall be amended and shall read as follows: "" (3) 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 Annex no. 1. On a transitional basis, until the date on which the Schengen Information System will have the capacity to transmit all the information referred to in Annex no. 1 1, the alert shall be equivalent to a European arrest warrant pending the transmission of the original. ' 33. In Article 83, paragraphs 2 and 6 shall be amended and shall read as follows: " (2) If the requested person is not known, the transmission of the European arrest warrant shall be carried out through the International Police Cooperation Center of the Ministry of Interior and Reformation. Administrative, which proceed to the dissemination in the Schengen Information System or on the channels of the International Criminal Police Organization (Interpol), as the case may be. In this case, transmission can also be carried out through the secure system of the European Judicial Network, when it will be operational. .......................................................................... (6) In the case of direct transmission, the Romanian judicial authorities shall inform the Ministry of Justice on the last working day of each quarter regarding the European arrest warrants issued during the reference period and the stage of execution 34. After Article 84, four new articles are inserted, Articles 84 ^ 1-84 ^ 4, with the following contents: "" ARTICLE 84 ^ 1 Retrial of the person ((1) The insurance of retrial in case of surrender of the person convicted in absentia is given by the issuing judicial authority, at the request of the judicial enforcement authority. (2) Provisions art. 522 ^ 1 of the Code of Criminal Procedure shall apply accordingly. Article 84 ^ 2 Guarantee of transfer of the person Where the requested person subject to a European arrest warrant issued for the purposes of prosecution or judgment is a national or resident of the executing Member State, the guarantee that, in the event of a conviction, once handed down, the requested person may be transferred under the law in the State of Citizenship is given by the issuing court of the European Arrest Warrant. Article 84 ^ 3 Withdrawal of the European arrest warrant (. The European arrest warrant shall be withdrawn if the grounds have disappeared which have justified its issuance or if the requested person has died. (2) In the case provided for in art. 66 ^ 1 para. (5), the European arrest warrant shall be withdrawn if the person pursued internationally has been extradited or handed over to Romania. (3) The withdrawal is requested by the issuing court, which informs about this executing judicial authority, the Ministry of Justice and, as the case may be, the prosecutor's office carrying out or supervising the prosecution activity or the court that ordered on the measure of preventive arrest of the defendant or who has decided on safety measures. Annex 84 ^ 4 Taking over requested The takeover of the requested person shall be carried out by the International Police Cooperation Center of the Ministry of Interior and Administrative Reform, within the time limits established together with the competent authorities of the executing Member State. " 35. In Title III, the name of Chapter III is amended and shall read as follows: "" CHAPTER III Execution by the Romanian authorities of a European Arrest Warrant " 36. Article 85 is amended and shall read as follows: "" ARTICLE 85 Facts that give way to teaching (1) The following crimes, regardless of the name they have in the legislation of the issuing state, if they are sanctioned by the law of the issuing state with a punishment or with a custodial safety measure whose maximum duration is at least 3 years, shall not be subject to the verification of the condition of the double criminality: 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 affecting the financial interests of the European Communities within the meaning of the Convention of 26 July 1995 on the protection of the financial interests of the European Communities; 9. washing products of crime; 10. counterfeiting of currency, including counterfeiting of the euro; 11. facts related to cybercrime; 12. crimes against the environment, including the illicit trafficking of endangered animal species and endangered species and varieties of plants; 13. facilitating illegal entry and stay; 14. manslaughter, serious bodily injury; 15. illicit trafficking of human organs and tissues; 16. kidnapping, deprivation of liberty illegally and taking hostages; 17. racism and xenophobia; 18. organized or armed theft; 19. illicit trafficking of cultural goods, including antiques and works of art; 20. deception; 21. racket and extortion; 22. counterfeiting and piracy of products; 23. falsification of official acts and the use of forgery; 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. Traffic of stolen vehicles; 28. rape; 29. arson with intent; 30. crimes under the jurisdiction of the International Criminal Court; 31. illegal sequestration of ships or aircraft; 32. sabotage. (2) For acts other than those provided in par. ((1), the surrender is subject to the condition that the facts that motivate the issuance of the European arrest warrant are a crime according to the Romanian law, independently of the constituent elements or its legal classification. " 37. Article 86 shall be repealed. 38. Article 87 (1), letter a) shall be amended and shall read as follows: "" a) where the European arrest warrant has been issued for the purpose of the execution of a sentence or a custodial security measure applied by a judgment in absentia, if the person concerned has not been personally cited, nor informed in any other way as to the date and place of the hearing which led to the judgment rendered in absentia, the surrender of the requested person will be granted if the issuing judicial authority guarantees that the person subject the European Arrest Warrant has the possibility to retry the case in the Member State issuer, in its presence; '. 39. Article 88 (2) (c) shall be repealed. 40. In Article 88 (2), letters c ^ 1) and h) shall be amended and shall read as follows: " c ^ 1) when the European Arrest Warrant was issued for the purpose of serving a prison sentence or a custodial security measure, if the requested person is a Romanian citizen and he declares that he refuses to serve the sentence or the safety measure in the issuing Member State; .......................................................................... h) when a Romanian judicial authority decided either not to start the prosecution, or to terminate the prosecution, to remove from prosecution or to classify for the crime on which the European arrest warrant is based, or pronounced, the girl by the requested person, a final judgment, on the same facts, which prevent future proceedings. ' 41. In Article 88, after paragraph 2, two new paragraphs are inserted, paragraphs 3 and 4, with the following contents: " (3) If, in the case, it is an incident exclusively the case referred to in par. ((2) lit. c ^ 1), prior to the decision referred to in art. 94, the Romanian executing judicial authority requests the judicial authority to issue a certified copy of the judgment of conviction, as well as any other necessary information, informing the issuing judicial authority of the purpose for which such documents are requested. The recognition of the foreign criminal conviction decision is made, by incidental, by the court before which the procedure of the execution of the European arrest warrant is pending. If the Romanian judicial authority for execution has recognized the foreign criminal decision of conviction, the warrant for the execution of the sentence shall be issued at the date of delivery of the decision provided in art. 94. (4) In the case provided in par. (3), if the requested person is in custody and the issuing judicial authority delays the transmission of the requested documents, the provisions of art. 90 90 para. ((4) shall apply accordingly. If the issuing judicial authority does not transmit the documents referred to in par. ((3), no later than 20 days after the date of the first request, if the Romanian executing judicial authority refuses the execution of the European arrest warrant, it shall inform the issuing judicial authority of the possibility of requesting the recognition and enforcement of the criminal conviction on the basis of the instruments applicable in the relationship between Romania and the Member State of issue or, failing that, on the basis of reciprocity. " 42. Article 88 ^ 1 is amended and shall read as follows: " ARTICLE 88 ^ 1 Prior procedures (1) Within 24 hours of the receipt of a European arrest warrant or an alert in the Schengen Information System, the prosecutor appointed by the Prosecutor General of the Prosecutor's Office of the Court of Appeal shall verify that the European The arrest is accompanied by a translation in Romanian or in one of the English or French languages. If the mandate is not translated into any of the accepted languages, the prosecutor's office shall request the issuing judicial authority to remit the translation. If the mandate is translated into English or French, the competent prosecutor shall take measures to perform the translation in Romanian, within two days at the latest. ((2) The prosecutor shall verify that the European arrest warrant includes the information provided in art. 79 79 para. ((1). If the European Arrest Warrant does not contain this information, it shall urgently request the issuing judicial authority to complete the information and set a time limit for their receipt. (3) If the European arrest warrant contains the information provided for in art. 79 79 para. ((1) and is translated according to the provisions of para. (1), the prosecutor shall take the necessary measures to identify, search, locate and catch the requested person. Art. 493 ^ 1-493 ^ 7 of the Code of Criminal Procedure shall apply accordingly. (4) If the checks carried out are found that the requested person is in the territorial constituency of another prosecutor's office, the prosecutor shall immediately send the European arrest warrant to the competent prosecutor's office and inform about this issuing judicial authority and the Ministry of Justice. (5) If from the checks carried out it is unquestionably that the requested person is not on the territory of Romania, the prosecutor orders the ranking and informs about this issuing judicial authority and the Ministry of Justice. (6) If the requested person is subject to ongoing criminal proceedings, for the same facts for which the European arrest warrant was issued, the prosecutor shall forward, for information, to the prosecutor of the case or to the competent court, a copy of the mandate European arrest, translation and, if applicable, additional information communicated by the issuing judicial authority, asking it to assess and inform the emergency if the prosecution or judgment can be suspended until the settlement the case by the Romanian judicial enforcement authority. Art. 240 and 303 of the Code of Criminal Procedure shall apply accordingly. (7) If the existing criminal proceedings against the requested person relate to facts other than those for which the European arrest warrant was issued, the competent prosecutor shall also forward to the information, the prosecutor of the case or the court powers, a copy of the European arrest warrant, the translation and, where applicable, the additional information communicated by the issuing judicial authority, asking it to inform it immediately of the stage of the procedure. (8) The prior procedures provided in par. ((6) and (7) shall not prevent the measures provided for in paragraph 1. ((3). (9) If the surrender of the requested person is subject to the consent of another Member State or a third State, the taking of measures to catch the requested person shall take place on the date of receipt of the consent of the State Respectively. ((. The procedure provided for in this Article shall not be published. " 43. After Article 88 ^ 1 two new articles are introduced, Articles 88 ^ 2 and 88 ^ 3, with the following contents: " ARTICLE 88 ^ 2 Retention of requested (1) The measure of detention of the requested person may be taken by the prosecutor only after hearing it in the presence of the defender. The detention measure is ordered by reasoned order and can take no more than 24 hours. (. The detained person shall be immediately informed in the language he understands, the reasons for the detention and the content of the European arrest warrant. (3) The detained person shall be notified of a copy of the European arrest warrant and its translation. This provision will also apply if the competent prosecutor receives a new European arrest warrant after the complaint of the competent court of appeal under the conditions laid down in art. 89. (4) The detained person may request to be informed about the measure taken by a family member or another person he designates. Both the application and the knowledge shall be recorded in a minutes. Exceptionally, if the prosecutor considers that this would affect the execution of the European arrest warrant issued against the requested person or, if he is aware, of European arrest warrants issued against other participants in the commission of the crime, the prosecutor will be able (5) If the requested person is a minor, the term provided in par. ((1) shall be reduced by half. In this case, the detention may be extended, if necessary, by reasoned order, no more than 8 hours. (6) In order to retain the requested person, the competent body may enter any dwelling in which the requested person is located, without the consent of the person to whom the person belongs or uses the dwelling, as well as in the premises of any legal persons, without invoking its legal representative. Article 88 ^ 3 Detention and arrest of the requested person in case of emergency (1) In case of emergency, by exception to the provisions of art. 88 ^ 2, the detention measure can be ordered based on the alert transmitted through the International Criminal Police Organization (Interpol), which does not amount to the European arrest warrant. In this case, the International Police Cooperation Center of the Ministry of Interior and Administrative Reform immediately requests the National Bureau of Interpol correspondent to transmit to the competent prosecutor's office, at the most 48 hours after the requested person was detained. (2) The detained person shall, immediately, be brought to his attention in the language he understands the reasons for the detention. (3) When the detention measure was taken by the criminal investigation body of the judicial police, it is obliged, within the first 10 hours of the detention, to present the person requested to the prosecutor appointed by the prosecutor general of the prosecutor's office of the the court of appeal in whose territorial constituency has been retained. ' 44. Article 89 is amended and shall read as follows: "" ARTICLE 89 Referral to the Court of Appeal for the arrest and surrender of the requested person (1) The prosecutor notifies the competent court of appeal with the proposal to take the measure of arrest of the person ((2) As soon as the court is notified, the case is assigned, under the law, to a complete format of a judge, in order to appreciate the taking of the measure of arrest and the surrender of the requested person. (3) For the bookkeeping of the court's work, the Register on arrest and surrender on the basis of European arrest warrants shall be drawn up and kept. The following entries will be made in this register: the current number; the name and surname of the requested person; the number and date of the address of the prosecutor's office; the number and date of the European arrest warrant; the issuing judicial authority; the court; the date and the solution rendered; the number and date of the internal arrest warrant; the duration of the arrest, with the indication of the date on which the measure begins and the date on which it expires; the name and surname of the judge who ordered the the person requested; the date of declaration of the appeal, solutions was declared the remedy; the date of submission of the appeal to the court of judicial review; the solution of the appeal court, as well as the extensions of the arrest; the date of communication of the judgment on the surrender of the issuing judicial authority Justice and the International Police Cooperation Center of the Ministry of Interior and Administrative Reform. " 45. Article 90 is amended and shall read as follows: "" ARTICLE 90 Procedure for the execution of the European arrest warrant (1) The judge shall first verify the identity of the requested person and shall ensure that he has been notified of a copy of the European arrest warrant or, in the case provided for in art. 88 ^ 3, that she was informed about the reason for the detention. (2) If the person has been detained according to art. 88 ^ 3, the judge may order, by reasoned conclusion, on the basis of the alert transmitted through the International Criminal Police Organization (Interpol), the arrest of the requested person or the obligation not to leave the locality for a duration of 5 days. In this case, the court postpones the case and fixes a period of 5 days for the prosecutor's presentation of the European arrest warrant, accompanied by the Romanian translation. (3) After receiving the European arrest warrant, the judge shall inform the person requested of the rights provided for in art. 91, the effects of the rule of law, as well as the possibility of consenting to the surrender to the issuing judicial authority, considering the legal consequences of the consent to surrender, in particular its irrevocable character. (4) If the European arrest warrant has been issued against a Romanian citizen, in order to execute a sentence or a custodial safety measure, the judge asks the requested person if he agrees to carry out the punishment or safety measure in the issuing Member State. (5) If the requested person declares that he agrees with his surrender, a report shall be drawn up about his consent, which shall be signed by the judge, the Registrar, the defender and the requested person. In the same minutes it will be mentioned whether or not the requested person has waived the rights conferred by the special rule. (6) In the case provided in par. ((5), if it is not an incident any of the grounds for refusal of execution provided for in art. 88, the judge can rule by sentence, according to art. 94, both on the arrest and surrender of the requested person. (7) If the requested person does not consent to his surrender to the issuing judicial authority, the procedure for the execution of the European arrest warrant shall continue with the hearing of the requested person, which shall be limited to the recording of the the existence of one of the mandatory or optional non-performance reasons, as well as possible objections to identity. (8) In the cases provided in par. ((5) and (7), when the judge considers it necessary to grant a time limit for a decision on surrender, the arrest of the person requested during the procedure for the execution of the European arrest warrant shall be ordered by conclusion motivated. ((9) The court checks periodically, but not later than 30 days, if it is necessary to maintain arrest for surrender. In this regard, the court shall rule by reasoned conclusion, taking into account the time limits provided for in art. 95. (10) In all cases, the measure of arrest for surrender may be taken only after hearing the person requested in the presence of the defender. The initial duration of the arrest shall not exceed 30 days and the total duration, until the actual surrender to the issuing Member State, shall in no case exceed 180 days. (11) If the requested person is released, the court orders the obligation not to leave the locality, the provisions of art. 145 of the Code of Criminal Procedure applying accordingly. In this case, if, subsequently, the court orders the execution of the European arrest warrant, the surrender decision shall also be ordered to arrest the person requested for surrender to the issuing judicial authority. (12) If the judge considers that the request for additional information or guarantees is required by the issuing judicial authority, it shall postpone the case setting a time limit for receiving the requested data. The fixed term may not be more than 10 days. (13) After drawing up the sentence provided in art. 94 94 or the conclusion provided in par. ((2) or (9), as the case may be, the judge shall immediately issue an arrest warrant. The provisions of the Code of Criminal Procedure with regard to the content and execution of the arrest warrant shall apply accordingly. (14) The court hearing is public, unless, at the request of the prosecutor, of the requested person or ex officio, the judge considers that it is necessary to judge the case in the secret meeting. The participation of the prosecutor is mandatory 46. In Article 92, paragraph 1 shall be amended and shall read as follows: "(1) If the issuing judicial authority requests, the judge may order the temporary surrender of the requested person or proceed to the hearing of the requested person." 47. Article 93 is amended and shall read as follows: "" ARTICLE 93 Procedural incidents If, in the course of the procedure for the execution of a European arrest warrant, the Constitutional Court is notified with an exception of unconstitutionality of a provision of this title, the trial of the exception is mainly made, within no more than 45 days after the complaint of the Constitutional Court. " 48. Article 94 is amended and shall read as follows: "" ARTICLE 94 Judgment (1) In all cases the court shall rule on the execution of the European arrest warrant by sentence, in compliance with the deadlines provided for in art. 95. In order to take a decision, the court shall take into account all the circumstances of the case and the need to execute the European arrest warrant (2) Within no more than 24 hours after the final stay of the surrender decision, the court shall communicate the decision taken to the issuing judicial authority, the Ministry of Justice and the International Police Cooperation Center of the Ministry Internals and Administrative Reform. (3) If the surrender of the requested person has been postponed, regardless of whether, at the time of delivery of the judgment, it is or is not under the power of a warrant for the preventive arrest or execution of the prison sentence issued by the Romanian judicial authorities, the arrest warrant provided for in art. 90 90 para. ((13) shall be enforced on the date of termination of the grounds which justified the postponement. " 49. Article 94 ^ 1 is amended and shall read as follows: "" ARTICLE 94 ^ 1 Remedies and remedies (1) Against the terminations provided in art. 90 90 para. ((2), (8) and (9) an appeal may be declared within 24 hours of delivery. (2) The decision provided in art. 94 94 para. ((1) may be appealed within 5 days of delivery, unless the requested person consents to surrender, when the judgment is final. ((3) The appeal declared against the decision ordering the surrender of the requested person shall be suspensive of execution, except for the provisions on the measure of arrest. The file will be submitted to the appeal court within 24 hours. " 50. Article 94 ^ 2 is amended and shall read as follows: "" ARTICLE 94 ^ 2 Resolution of the appeal The appeal declared under the conditions provided in art. 94 ^ 1 shall be resolved in particular, no later than 3 days after the registration of the case. " 51. In Article 95, paragraphs 2 and 3 shall be amended and shall read as follows: " (2) In the case provided for in art. 90 90 para. ((5), the decision on the execution of the European arrest warrant must be delivered at the latest within 10 days of the time limit for which the requested person has expressed his consent to surrender. ((. In the other cases, the final judgment on the execution of the European arrest warrant shall be delivered within 60 days of the date of the arrest of the requested person. " 52. The marginal name of Article 96 is amended and shall read as follows: "" ARTICLE 96 Surrender of requested person " 53. In Article 96, paragraph 1 shall be amended and shall read as follows: " (1) Teaching is carried out by the International Police Cooperation Center of the Ministry of Interior and Administrative Reform, with the support of the police unit within which the detention site is located, within 10 days of remaining. final of the teaching decision. " 54. In Article 99, after paragraph 3, a new paragraph (3 ^ 1) is inserted, with the following contents: " (3 ^ 1) If the Romanian authorities receive two or more mandates from the competent authorities of the same Member State before its surrender, the cases concerning the execution of these mandates shall be received by the competent authorities of the same Member State. The European arrest is related to the first court seised, ruling only one decision on the execution of each of the European arrest warrants. If the handover is admitted only for one or some of the facts, in the teaching decision it is expressly mentioned this, the provisions of art. 100 100 applying properly. " 55. In Article 100, paragraphs 1 and 3 shall be amended and shall read as follows: " (1) Consent for the prosecution, adjudication, conviction or possession of a person by the Romanian authorities for other acts committed prior to its surrender on the basis of a European arrest warrant shall be presumed to have been given by those Member States which have sent a notification to that effect to the General Secretariat of the Council of the European Union, if the executing judicial authority does not otherwise have the surrender decision. ........................................................................... (3) In relation to Member States other than those referred to in par. ((1), the consent of the executing Romanian judicial authority is necessary. In this regard, the competent judge shall, by final conclusion, be given in the Board of the Council, without citing the parties, no later than 30 days after receipt of the application, without prejudice to the guarantees referred to in Article 1 (2) of the Treaty. 87 87. " 56. In Article 102, paragraphs 1 and 4 shall be amended and shall read as follows: " (1) Consent to the surrender by the Romanian State to another Member State of a person requested on the basis of a European arrest warrant for other acts committed prior to its surrender shall be presumed to have been given by those Member States which have sent a notification to the General Secretariat of the Council of the European Union, if the executing judicial authority does not otherwise have the surrender decision. .......................................................................... (4) In relation to Member States other than those referred to in par. ((1), the consent of the executing Romanian judicial authority for the surrender of the requested person to a third State is necessary In this regard, the competent judge shall, by final conclusion, be given in the Board of the Council, without citing the parties, no later than 30 days after receipt of the application, without prejudice to the guarantees referred to in Article 1 (2) of the Treaty. 87 87. " 57. In Article 108, paragraph 1 shall be amended and shall read as follows: "(1) The provisions of this Title shall apply to the European arrest warrants received by the Romanian authorities after its entry into force, even if it relates to facts prior to that date." 58. Article 110 is amended and shall read as follows: "" ARTICLE 110 Conditions (1) The Romanian judicial authorities may request the competent authorities of another State to exercise a criminal procedure or to continue it if the transfer of the criminal procedure serves the interests of a good administration of justice or social reintegration in case of conviction, in one of the following cases: a) the person accused of committing the crime is in the execution of a sentence on the territory of the requested state, for a more serious crime than the one committed in Romania; b) the person accused of committing the crime lives on the territory of the requested state and, under the law of this state, extradition or surrender was refused or would be refused in case of making a request or issuing a European mandate Arrest; c) the person accused of committing the crime lives on the territory of the requested state and, under the law of this state, the recognition of the final conviction of conviction handed down by the Romanian court was refused or does not correspond domestic legal of that state, if the convicted person has not begun the execution of the sentence, and the execution is not possible even having opened the way of extradition or surrender. (2) The transfer of the criminal procedure may also be requested when the Romanian judicial authorities appreciate, depending on the peculiarities of the case, that the presence of the person accused of committing the crime to criminal investigation cannot be ensured thing is possible in the foreign state. " 59. In Article 111, paragraphs 1 to 3 and 5 shall be amended and shall read as follows: " (1) The transfer of the criminal proceedings shall be sought on the basis of the judgment of the court which would have jurisdiction to settle the case in the first instance, if the proceedings relate to the prosecution or the proceedings before which the case is concerned, if the procedure refers to the activity of judgment. (2) In this regard, on the proposal of the prosecutor who performs or supervises the prosecution or ex officio, if the conditions provided by law are met, the court orders, by reasoned conclusion, the transfer of the criminal In the event of the transfer of the prosecution, the prosecutor's proposal is settled in the council chamber by a fully formed one judge, regardless of the nature of the crime, and the presence of the prosecutor (3) The conclusion provided in par. (2) may be appealed. The term of appeal is 5 days and flows from the pronouncement. The case will be submitted to the appeal court within 5 days, and the appeal is adjudicated within 30 days of the registration of the case. The appeal is suspensive of execution. .......................................................................... (5) The application shall be made by the prosecutor who performs or supervises the prosecution or by the court, as the case may be, and is transmitted to the Prosecutor's Office of the High Court of Cassation and Justice or the Ministry of Justice, according to 13, accompanied by certified copies by a competent Romanian magistrate of all procedural documents, unless the foreign state requests the transmission of the original of the file. " 60. In Article 111, after paragraph 5, a new paragraph (6) is inserted, with the following contents: " (6) If it is not transmitted to the requested state, the original of the file shall be archived. If it transmits the original, a certified copy of the file shall be kept in the archive. The return of the original shall be requested if the prosecution or the judgment is not taken over by the requested state. " 61. Article 114 (7) shall be amended and shall read as follows: " (7) The prosecutor's office of the High Court of Cassation and Justice or the Ministry of Justice informs the authorities of the requesting state regarding the admission or rejection of the request for the transfer of criminal proceedings. 62. In Article 169, after paragraph 10, a new paragraph (11) is inserted, with the following contents: "(11) In the case of joint investigation teams operating on the territory of Romania, the posted members of the team are assimilated to the Romanian members regarding the crimes committed against them or by them." 63. In Title VII, Chapter II, the name of section 2 is amended and shall read as follows: "" SECTION 2 Provisions for the application of the Convention of 29 May 2000 on mutual legal assistance in criminal matters between the Member States of the European Union and the Protocol thereto of 16 October 2001 ' 64. After Article 187 ^ 18 a new article is inserted, Article 187 ^ 19, with the following contents: " ARTICLE 187 ^ 19 Central authorities (1) For requests for legal assistance provided for in art. 6 6 para. ((8) of the Convention of 29 May 2000 on mutual legal assistance in criminal matters between the Member States of the European Union and any other request for judicial assistance from the judgment or enforcement phase of the situation mentioned in art. 6 6 para. ((3) of the same convention and in other cases where direct contact is not possible, the central authority is the Ministry of Justice. However, direct communication between the Romanian judicial authorities and the central authorities designated by other Member States is also possible. (2) For requests for legal assistance from the research and prosecution phase in the situation referred to in art. 6 6 para. ((3) of the Convention of 29 May 2000 on mutual legal assistance in criminal matters between the Member States of the European Union and in other cases where direct contact is not possible, the central authority is the Prosecutor's Office of the High Court of Cassation and Justice. However, direct communication between the Romanian judicial authorities and the central authorities designated by the United Kingdom of Great Britain and Northern Ireland and Ireland is also possible. (3) The prosecutor's office of the High Court of Cassation and Justice is designated as the competent central authority to receive the requests for legal assistance provided for in art. 18 18, 19 and art. 20 20 para. ((1)-(5) of the Convention of 29 May 2000 on mutual legal assistance in criminal matters between the Member States of the European Union, the competent judicial authority to resolve the application being the competent court under the law to authorise Telecommunications interception. " 65. In Title VII, Chapter II, after section 2, three new sections are introduced, sections 3 to 5, comprising Articles 187 and 20-187 ^ 69, with the following contents: " SECTION 3 Provisions on cooperation with the Member States of the European Union in the application of Council Framework Decision 2003 /577/JHA of 22 July 2003 on the execution in the European Union of orders for the freezing of goods or evidence + PARAGRAPH 1 -General provisions Article 187 ^ 20 Meaning of terms or expressions (1) The freezing order means any measure taken during the criminal proceedings by a judicial authority of a Member State which consists in the provisionally freezing of a good, in order to prevent any operation of destruction, transformation, movement, transfer or alienation thereof. (2) By the good term means any good, regardless of its nature, corporal or intangible, mobile or immovable, as well as the documents or legal instruments that prove the existence of a title or a right on a good, about which the issuing competent judicial authority considers that: a) constitutes the product of one of the offences referred to in 187 ^ 24 times corresponds entirely or in part to the value of this product; or b) constitute the instrument or object of such a crime. (3) By the term the sample is understood the objects, documents or data that may serve as a means of proof in the criminal trial that has as its object one of the crimes provided in art. 187 ^ 24. (. The issuing State shall mean the Member State in which a judicial authority has issued, validated or confirmed a freezing order in a criminal procedure. (. The executing State shall mean the Member State in whose territory the property is located. (6) The Framework Decision means Council Framework Decision 2003 /577/JHA of 22 July 2003 on the execution in the European Union of orders for the freezing of goods or evidence published in the Official Journal of the European Union no. L 196 of 2 August 2003. Article 187 ^ 21 Subject matter The provisions of this Section shall apply to freezing orders issued in accordance with the Framework Decision with a view to ensuring the evidence or subsequent confiscation of the property. Article 187 ^ 22 Certificate (. The certificate must be drawn up in accordance with the standard form set out in Annex no. 2 2 and be signed by the judicial authority that ordered the measure provided for in art. 187 ^ 20 para. ((1). The content of the certificate must also be certified by the issuing competent judicial authority. (2) The certificate issued by a Romanian judicial authority must be translated into the language or in one of the official languages of the executing Member State or in another language accepted by that Member State. (3) The certificate submitted for execution to the Romanian judicial authorities must be translated into Romanian. Article 187 ^ 23 Competent authorities (1) The freezing order is issued by the prosecutor, in the prosecution phase, and by the court, in the course of the trial. (2) The freezing order shall be carried out by the prosecutor's office of the court, in the prosecution phase, and by the court, in the course of the judgment, in whose constituency the good for which the freezing order was issued was issued. (3) If the freezing order refers to several goods located in the territorial constituency of two or more Romanian judicial authorities, the power to recognize and execute the freezing order returns, depending on the the procedural phase, the Prosecutor's Office of the Bucharest Court or the Bucharest Tribunal (4) If the freezing order relates to a good subject to a criminal trial pending or settled by the delivery of a final judgment, the jurisdiction shall lie with the prosecutor's office of the court, in the phase of prosecution, and of the tribunal, in the course of the judgment, regardless of the degree of jurisdiction of the Romanian judicial authority vested with the resolution of the case or which rendered the judgment Article 187 ^ 24 Scope of application (1) The following crimes, regardless of the name they have in the legislation of the issuing state, if they are sanctioned by the law of the issuing state with a custodial sentence whose maximum duration is at least 3 years, will not be subject verification of the fulfilment of the double criminality: 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 affecting the financial interests of the European Communities within the meaning of the Convention of 26 July 1995 on the protection of the financial interests of the European Communities; 9. washing products of crime; 10. counterfeiting of currency, including counterfeiting of the euro; 11. facts related to cybercrime; 12. crimes against the environment, including the illicit trafficking of endangered animal species and endangered species and varieties of plants; 13. facilitating illegal entry and stay; 14. manslaughter, serious bodily injury; 15. illicit trafficking of human organs and tissues; 16. kidnapping, deprivation of liberty illegally and taking hostages; 17. racism and xenophobia; 18. organized or armed theft; 19. illicit trafficking of cultural goods, including antiques and works of art; 20. deception; 21. racket and extortion; 22. counterfeiting and piracy of products; 23. falsification of official acts and the use of forgery; 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. Traffic of stolen vehicles; 28.violul; 29. arson with intent; 30. crimes under the jurisdiction of the International Criminal Court; 31. illegal sequestration of ships or aircraft; 32. sabotage. (2) For cases other than those provided in par. (1), in the case of the freezing order issued in order to ensure evidence, the recognition and execution of such an order shall be subject to the condition that the offence for which the order was issued is a criminal offence, in accordance with the law Romanian, whatever the constituent elements or legal qualification in the law of the issuing state. (3) For cases other than those mentioned in par. (1), in the case of the freezing order issued for subsequent confiscation of the property, the recognition and execution of such an order are subject to the condition that the offence for which the order was issued constitutes an offence which, in compliance with the Romanian law, can lead to this type of preservation, whatever the constituent elements or legal qualification in the law of the issuing state. (4) In terms of taxes, customs and foreign exchange, the execution of the freezing order cannot be refused on the grounds that the Romanian legislation does not impose the same type of taxes or taxes or does not contain the same type of regulations in tax, customs and foreign exchange taxes as the legislation of the issuing State. + PARAGRAPH 2 -Procedure for issuing and transmitting freezing orders Article 187 ^ 25 Issuance and transmission of freezing orders (1) The act by which the freezing order is issued, defined in art. 187 ^ 20 para. ((1), the corresponding provisions of the Code of Criminal Procedure shall be drawn up. (2) The freezing order accompanied by the certificate drawn up according to the provisions of art. 187 ^ 22 must be transmitted by the Romanian judicial authority to the competent judicial authority of the executing State. The transmission shall be carried out by any means allowing a written record and in conditions allowing the executing judicial authority to determine the authenticity of the act and the certificate. (3) The freezing order is transmitted together with: a) an application for remission of evidence; or b) an application for confiscation, requesting either the execution of a confiscation order issued by the competent Romanian judicial authority, or the confiscation and subsequent execution of such an order. These applications shall be made in accordance with the provisions applicable to judicial assistance in criminal matters and to the rules applicable to international confiscation cooperation. (4) If the freezing order is not accompanied by one of the requests referred to in par. (3), the certificate provided for in art. 187 ^ 22 may contain an instruction on the maintenance of the good in the executing state until the request referred to in par. ((3) lit. a) or b). The issuing Romanian judicial authority shall indicate in the certificate the date on which it considers that the application will be submitted. ((5) By way of exception, in the case of Member States which, by declarations notified to the European Commission, submitted to the General Secretariat of the Council of the European Union, have reserved the right to receive and transmit the freezing order together with the certificate provided in art. 187 ^ 22 through the central authorities designated by them, the transmission will be carried out according to the statements of those Member States. (6) If the issuing Romanian judicial authority does not know the executing authority, it will request the assistance of Romania's contact points to the European Judicial Network, in order to obtain information in this regard. (7) If the Romanian judicial authority issuing the measure referred to in art. 187 ^ 20 para. ((1), must immediately notify the judicial authority of the executing State. (8) If, as a result of the execution of a freezing order issued by a Romanian judicial authority, the executing authority has compensated any interested person, including good faith third parties, the Romanian state will reimburse the state of execution amount awarded as compensation. + PARAGRAPH 3 -Procedure for the execution by the Romanian authorities of the freezing orders Article 187 ^ 26 Common provisions (1) The Romanian judicial authority, regardless of the procedural phase, recognizes any freezing order without any other formality and takes without delay the measures necessary for its immediate execution, in the same way as if the measure provided in art. 187 ^ 20 para. (1) would have been ordered by a Romanian judicial authority, except for the situation in which one of the reasons for non-recognition or non-performance referred to in art. 187 ^ 31 times one of the reasons for postponement provided in art. 187 ^ 32. ((. Where it is necessary to ensure that the evidence obtained is valid, the Romanian executing judicial authority shall comply with the formalities and procedures expressly indicated by the issuing judicial authority, provided that these formalities and procedures do not contravene constitutional principles. (3) A report on the execution of the freezing order drawn up by the Romanian judicial enforcement authority, based on the reference of the judicial body that carried out the freezing order, is transmitted without delay to the authority Judicial executing novels, which remits to the issuing judicial authority by any means allowing a written record. (4) Any additional coercive measure necessary for carrying out the freezing order shall be taken in accordance with the corresponding provisions of the Code of Criminal Procedure. Article 187 ^ 27 Previous measures (1) When a Romanian judicial authority receives a freezing order, it must, within 24 hours from the date of receipt, verify that the order is accompanied by the certificate provided for in art. 187 ^ 22 times of any other equivalent document, as well as translation into Romanian. (2) If the documents provided in par. (1) are not translated, the Romanian judicial authority requests the issuing judicial authority to remit the translation within a period of no more than 3 days. After receiving the translation, the Romanian judicial authority shall verify its competence no later than 24 hours after the date of receipt. (3) If the Romanian judicial authority considers that it is not competent to recognize and take the necessary measures for the execution of the freezing order, it shall immediately send, ex officio, the freezing order to the Romanian judicial authority The competent authority of the issuing State shall inform the competent authority of the issuing State. If the freezing order does not contain sufficient information for the determination of competence, the Romanian judicial authority may request the issuing judicial authority for the submission of additional information, setting a No more than 3 days. (4) In the judgment stage, the distribution of the case shall be made in accordance with the applicable legal provisions in the matter, the period of judgment set not being more than 5 days. (5) The procedure provided in par. ((1)-(3) is of a confidential nature. Article 187 ^ 28 Recognition and enforcement in the prosecution phase (1) In the prosecution phase, the competent prosecutor shall order by order, no later than 5 days after the expiry of the deadlines provided for in art. 187 ^ 27. (2) Against the order by which the prosecutor ordered the recognition of the freezing order, any interested person, including third-party third parties, may complain if it has brought an injury to his legitimate interests. The complaint is made within 5 days of the communication of the copy of the ordinance. (3) The substantive reasons underlying the issuance of the freezing order cannot be the subject of the complaint, which can only be appealed before a court of the issuing State. (4) The complaint is addressed to the tribunal in whose territorial constituency there is the prosecutor's office of which the prosecutor who ordered the recognition of the freezing order is part. When judging the complaint the prosecutor's presence is mandatory. (5) The file will be sent by the prosecutor's office to the competent court, within two days from the receipt of the address by which it is requested. (6) The complaint shall be settled in public session, within 5 days, by final conclusion. The introduction of the complaint does not suspend the execution of the freezing order. The court, settling the complaint, verifies the prosecutor's order, based on the material in the case file and any documents presented, pronouncing one of the following solutions: a) reject the complaint as late or as inadmissible, maintaining the order under appeal; b) admits the complaint, abolishes the contested ordinance and orders the revocation of the freezing measure. (7) The freezing order shall be carried out by the prosecutor who ordered its recognition by order. Article 187 ^ 29 Recognition and enforcement in the trial phase (1) The court shall settle the case, by conclusion, given in the council chamber, in complete form of a single judge. The judgment is made urgently and in particular. (2) The judgment may be appealed, within 5 days of the ruling or from the communication, as the case may be, by any person concerned, including the third party of good faith, if this has brought an injury to his legitimate interests. Art. 187 187 ^ 28 shall apply accordingly. ((. The file shall be sent to the appeal court within 24 hours after the appeal has been declared. The appeal shall be settled within 5 days, by the competent court of appeal, on the basis of the material in the case file and any documents submitted. ((. The appeal shall not suspend the execution of the freezing order. (5) The freezing order shall be executed by the designated prosecutor of the prosecutor's office of the competent court. Article 187 ^ 30 The duration of the freezing and the subsequent regime of the good preserved (1) The freezing of the property is maintained until the final settlement of the applications provided for in art. 187 ^ 25 para. ((3). (2) However, the competent Romanian judicial authority may, after consulting the issuing judicial authority, in accordance with applicable Romanian legislation and practice in the matter and in the light of the circumstances of the case, order The preservation of the good for a shorter period. (3) If the competent Romanian judicial authority intends to revoke the freezing measure, it shall inform the issuing judicial authority, giving it the opportunity to comment. Also, when the judicial authority of the issuing State informs the Romanian executing authority over the revocation of the freezing order, the latter has the obligation to revoke the measure as soon as possible. (4) Applications provided for in art. 187 ^ 25 para. ((3) shall be executed in accordance with the rules applicable to judicial assistance in criminal matters and to the rules applicable to international confiscation cooperation. (5) However, by way of derogation from the rules on legal aid referred to in paragraph 1. (4), the competent Romanian judicial authority may not refuse the applications referred to in art. 187 ^ 25 para. ((3) lit. a) citing the absence of double criminalization, if these requests concern the crimes provided for in art. 187 ^ 24 para. (1), and for these crimes the punishment provided by the law of the issuing state is imprisonment of at least 3 years. Article 187 ^ 31 Grounds for non-recognition or non-performance (1) In addition to the cases mentioned in art. 187 ^ 24 para. ((2) and (3), the competent Romanian judicial authorities may not refuse the recognition or enforcement of the freezing order unless: a) the certificate provided in art. 187 ^ 22 is not presented, is incomplete or does not clearly correspond to the freezing order; b) the Romanian legislation provides for an immunity or a privilege that makes it impossible to execute the freezing order; c) from the information provided in the certificate it immediately follows that the settlement of a request for legal assistance with the object of remission of evidence or confiscation for the crime subject to the criminal proceedings would contravene the principle of ditto. (2) In the case referred to in par. ((1) lit. a), the Romanian judicial authority may: a) to fix a period of no more than 3 days for the presentation, completion or correction of the certificate; b) accept an equivalent document; or c) if it considers itself sufficiently edificed, it shall no longer appeal to the issuing judicial authority. ((. Any decision to refuse recognition or enforcement shall be taken and notified as soon as possible to the competent judicial authorities of the issuing State by any means allowing a written record. (4) Also, if, in practice, the execution of the freezing order is impossible because the good or the evidence has disappeared, they have been destroyed, they cannot be found at the place indicated in the certificate or because the place where they are found the goods or evidence has not been indicated in a sufficiently clear manner even after consulting the competent judicial authority of the issuing State, it shall be immediately informed thereof. Article 187 ^ 32 Grounds for adjournment (1) The competent Romanian judicial authority may defer the execution of a freezing order if: a) its execution risks hindering or making it difficult for an ongoing criminal trial. The postponement is ordered for a term that the Romanian judicial enforcement authority considers as necessary for the proper conduct of the criminal process; b) the goods or evidence in question have already been the subject of a freezing order in a criminal procedure, the postponement being ordered until such time as the measure is revoked; c) the freezing order was issued for the subsequent confiscation of a good that is already the subject of a measure taken in a criminal trial in Romania; in this case the postponement is ordered until the revocation of this measure. However, this case of postponement is an incident only if the freezing order would take precedence over subsequent measures taken by the Romanian judicial bodies, in the framework of a criminal trial, in accordance with national law. ((2) A report on the postponement of the execution of the freezing order, including the reasons behind it and, if possible, the duration of the postponement, shall be immediately forwarded to the competent judicial authority of the issuing State by any means which allows a written record. ((3) As soon as the reason for the postponement ceases to subsist, the Romanian judicial authority for enforcement shall take the necessary measures without delay to execute the freezing order and inform the issuing judicial authority thereof by any means allowing a written record. (4) The Romanian executing judicial authority shall inform the issuing judicial authority of any other precautionary measures the object of which may constitute that property. Article 187 ^ 33 Refund ((. Without prejudice to the provisions of art. 187 ^ 28 para. ((3), if the Romanian State responds for the damage caused to one of the persons concerned, including the third party of good faith, following the execution of a freezing order transmitted for execution to a Romanian judicial authority, it shall require the issuing State of any amount paid as compensation to the person concerned, unless and to the extent that the damage or part thereof is solely due to the conduct of the Romanian authorities. (2) Provisions of para. ((1) shall be without prejudice to the internal legal provisions concerning damages actions brought by natural or legal persons. Section 4 Provisions on cooperation with the Member States of the European Union in application of Council Framework Decision 2005 /214/JHA of 24 February 2005 on the application of the principle of mutual recognition of pecuniary sanctions + PARAGRAPH 1 -Common provisions Article 187 ^ 34 Definitions For purposes of this section: (1) by decision, a final judgment is understood to have applied a pecuniary punishment to be executed against a natural or legal person, if the decision was taken by: a) a court in the issuing state, regarding an offence provided by the criminal law of the issuing state; b) an authority of the issuing State, other than a court, in connection with an offence provided for by the criminal law of the issuing State, provided that the person concerned had the opportunity to request the adjudication of his case by a competent court in criminal matters; c) an authority of the issuing State, other than a court, in respect of the facts punishable under the national law of the issuing State as violations of the legal norms, provided that the person concerned had the possibility of a request the adjudication of its case by a competent criminal court; d) a competent court in criminal matters, if the judgment was delivered in connection with a decision of those provided in lett. c); (2) the pecuniary penalty shall mean the obligation to pay: 1 1. a) a sum of money as a conviction for an offence, delivered by a judgment; b) compensation rendered by the same decision for the benefit of the victims, if the victim cannot be a civil party to the trial, and the court acts in the exercise of his competence in criminal matters c) a sum of money related to the expenses caused by the judicial or administrative procedure that led to the ruling; d) a sum of money to a public fund or to a victim support organization, delivered by the same decision. 2. The following shall not be considered pecuniary penalties: a) the provisions for confiscation of instruments or products of crime; b) the provisions of a civil nature, arising out of an action in damages and restitution and which are enforceable in accordance with Council Regulation (EC) No 35/2001 44/2001 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters; (3) the issuing State shall mean the Member State in which a decision has been made, within the meaning defined by the framework decision; (4) the executing State shall mean the Member State to which a decision has been made for execution; (5) The Framework Decision means Council Framework Decision 2005 /214/JHA of 24 February 2005 on the application of the principle of mutual recognition of pecuniary sanctions, published in the Official Journal of the European Union no. L 76 of 22 March 2005. Article 187 ^ 35 Competent authorities (1) The Romanian authorities competent to issue a judgment shall be the courts. (2) The Romanian authorities competent to execute a decision shall be the courts. (3) The Romanian central authority in application of art. 2 2 para. (2) of the Framework Decision is the Ministry of Justice, which is intended to assist the courts and to transmit and receive decisions where direct contact is not possible. + PARAGRAPH 2 --Procedure for transmission of the judgment Article 187 ^ 36 Transmission of (1) The judgment, together with a certificate issued according to par. ((2), may be transmitted by the issuing Romanian judicial authorities directly to the competent enforcement authority of the Member State in which the natural or legal person against whom the decision has been made has assets or a source of income, ordinary or, in the case of legal persons, has its registered office. (. The certificate must be drawn up according to the standard form set out in Annex no 3. The certificate must be signed and its content certified as compliant by the issuing Romanian judicial authority. (3) The judgment or a certified copy thereof, together with the certificate, shall be transmitted directly to the competent authority of the executing State by any means allowing a written record, under conditions allowing the executing State establishing authenticity. The original of the judgment or a certified copy thereof, together with the original certificate, shall be transmitted to the executing State at its request. All official communications shall be made directly between those competent authorities. (4) A decision cannot be transmitted simultaneously to several executing States. (5) If the competent authority of the executing State is not known to the issuing Romanian judicial authority, the latter will do all necessary investigations, including through the contact points of the European Judicial Network, for obtain the necessary information from the executing State. Article 187 ^ 37 Cease and The Romanian issuing judicial authority shall immediately inform the competent authority of the executing State of any decision or measure as a result of which the judgment ceases to be enforceable or withdrawn from the executing State from any other Motive. Article 187 ^ 38 Consequences of passing a judgment (1) Subject to the provisions of paragraph (2), the Romanian state cannot proceed to the execution of a decision transmitted by the issuing Romanian judicial authorities. (2) The right to execute the judgment is reacquired by the Romanian state: a) if it is informed by the executing State about the total or partial non-execution or non-recognition or non-execution of the decision in the cases provided in art. 187 ^ 42, except for the one provided in art. 187 ^ 42 para. ((2) lit. a) and in the case provided in art. 187 ^ 46 para. ((1) of this law, as well as in the case provided in art. 20 20 para. ((3) of the Framework Decision; or b) if the decision is withdrawn from the executing state according to art. 187 ^ 37. (3) If, after the transmission of a judgment, a Romanian authority receives any amount of money that the convicted person has voluntarily paid by virtue of the judgment, that authority shall inform the competent authority of the State of Execution. Art. 187 ^ 44 para. ((2) shall apply accordingly. Article 187 ^ 39 Languages used (1) The certificate sent to the Romanian authorities must be translated into Romanian. (2) The execution of the judgment may be suspended for the period necessary to obtain its translation, at the expense of the executing State. (3) The issuing Romanian judicial authorities will translate the certificate into the language or one of the official languages of the executing State or in another language accepted by it, according to the statements notified to the General Secretariat of the Council European Union. + PARAGRAPH 3 -Procedure for enforcement of the judgment Article 187 ^ 40 Scope of application (1) The following offences, if punishable in the issuing State, as defined by the legislation of the issuing State, give place, according to the provisions of the Framework Decision and without the need to verify the double criminalization of the act, to the recognition and enforcement of decisions: 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 affecting the financial interests of the European Communities within the meaning of the Convention of 26 July 1995 on the protection of the financial interests of the European Communities; 9. washing products of crime; 10. counterfeiting of currency, including counterfeiting of the euro; 11. facts related to cybercrime; 12. crimes against the environment, including the illicit trafficking of endangered animal species and endangered species and varieties of plants; 13. facilitating illegal entry and stay; 14. manslaughter, serious bodily injury; 15. illicit trafficking of human organs and tissues; 16. kidnapping, deprivation of liberty illegally and taking hostages; 17. racism and xenophobia; 18. organized or armed theft; 19. illicit trafficking of cultural goods, including antiques and works of art; 20. deception; 21. racket and extortion; 22. counterfeiting and piracy of products; 23. falsification of official acts and the use of forgery; 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. Traffic of stolen vehicles; 28. rape; 29. arson with intent; 30. crimes under the jurisdiction of the International Criminal Court; 31. illegal sequestration of ships or aircraft; 32. sabotage; 33. behaviors that violate road traffic regulations, including violations of driving hours regulations and rest periods and regulations on dangerous goods; 34. smuggling of goods; 35. infringement of intellectual property rights; 36. threats and acts of violence against persons, including violence in sports events; 37. prejudices subject to criminal law; 38. theft; 39 39. offences established by the issuing State in order to implement the obligations arising from international instruments adopted under the Treaty establishing the European Community or under Title VI of the Treaty on the Union European. (2) For crimes other than those provided in par. (1), the execution is subordinated to the condition that the facts to which the decision refers to constitute a crime according to the Romanian law, regardless of its constituent elements and regardless of the manner in which it is described. Article 187 ^ 41 Recognition and enforcement of judgments (. The executing Romanian judicial authorities shall recognise a decision without further formalities and shall immediately take all necessary measures to execute it, unless it finds that one of the grounds for non-recognition is applicable, or non-performance provided in art. 187 ^ 42. (2) If the Romanian judicial authority which has received a decision does not have the power to recognise it and to take the necessary measures in order to execute it, it shall send the decision, ex officio, to the competent authority and bring it to the the knowledge of the competent authority of the issuing State, accordingly. Article 187 ^ 42 Grounds for non-recognition and non-performance (. The executing Romanian judicial authorities may refuse to recognise and enforce a judgment if the certificate provided for in Annex no. 3, if that certificate is incomplete or is manifestly inadequate with the judgment. (2) Unless provided for in art. 187 ^ 40 para. ((2), the Romanian executing judicial authority may refuse to recognise and enforce the judgment and whether it is established that: a) against the convicted person and for the same facts a decision was pronounced in Romania or in any state other than the issuing state and, in the latter case, the decision was executed; b) the execution of the judgment is prescribed according to the Romanian law, and the decision refers to facts that fall within the jurisdiction of the Romanian c) the decision refers to facts that: ((i) are considered by Romanian law to be committed in full or in part on the territory of Romania or in a place considered as such; or (ii) were committed outside the territory of the issuing state, and the Romanian law does not allow the pursuit of the same crimes when committed outside the territory of Romania; d) there is immunity according to the Romanian law, which makes it impossible to execute the e) the decision was pronounced regarding a natural person who, according to the Romanian law, given his age, should not have been criminally liable for the facts regarding which the decision was pronounced; f) according to the certificate set out in Annex 3, that person: ((i) in the case of a written procedure, it was not, in accordance with the law of the issuing State, informed personally or by a representative, competent according to the national law, relating to its right to contest the case and the terms of exercise of the horses of attack; or ((ii) did not appear in person, unless the certificate states that: -the person was informed personally or by a representative, competent according to the national law, regarding the procedure carried out in accordance with the law of the issuing state; -the person specified that he does not contest the case g) the pecuniary punishment is less than 70 euros or the equivalent in lei of this amount. (3) In the cases referred to in par. ((1) and para. ((2) lit. b) and f), before deciding non-recognition and non-performance, total or partial, of a judgment, the Romanian judicial executing authority shall consult with the competent authority of the issuing State, by any appropriate means, and, if it is the case will require it to provide any information without delay. Article 187 ^ 43 Fixing the amount of payment (1) If it is established that the judgment refers to facts that were not committed on the territory of the issuing State, the Romanian judicial executing authority may decide to reduce the amount of the sentence executed to the maximum amount provided for similar acts of law Romanian, when the facts fall under the jurisdiction of the Romanian (2) The Romanian executing judicial authority shall exchange, if applicable, the punishment in the currency of the executing State, at the exchange rate from the date of delivery of the sentence. Article 187 ^ 44 The law governing enforcement ((. Without prejudice to the provisions of art. 187 ^ 45, the execution of the judgment is governed by the Romanian law in the same way as in the case of a pecuniary punishment imposed by a Romanian court. Only the Romanian authorities have the power to decide on the enforcement proceedings and to determine all the measures related to it, including the reasons for the termination of the execution. ((2) If the convicted person can prove the total or partial payment made in any state, the Romanian judicial authority of execution shall consult with the competent authority of the issuing state in the manner provided in art. 187 ^ 42 para. ((3). Any part of the sentence recovered in any other way from any state must be deducted in full from the amount to be executed in Romania. Article 187 ^ 45 Replacement of pecuniary punishment If the execution of a decision is not possible, either totally or partially, the Romanian judicial authority of execution may order the replacement of the fine, under the conditions of art. 63 ^ 1 of the Criminal Code. Article 187 ^ 46 Amnesty, pardon and review (1) The amnesty and the pardon may be granted both by the issuing State and by the Romanian State. ((. Without prejudice to the provisions of art. 187 ^ 45, any revision of the judgment is the exclusive competence of the issuing State. Article 187 ^ 47 Destination of funds obtained from the execution of judgments and expenditure (1) The funds obtained from the execution of the decisions by the Romanian judicial enforcement authorities shall be made to the state budget, if it is not agreed otherwise with the issuing state and the Romanian state, especially in the cases provided in art. 187 ^ 34 para. ((2) lit. b). ((2) The expenses incurred by the Romanian authorities in the application of this section remain with the Romanian state Article 187 ^ 48 Information The Romanian executing judicial authority shall inform the competent authority of the issuing State without delay by any means allowing a written record: a) the transmission of the decision to b) about any non-recognition and non-enforcement decision of the judgment and the reasons for its ruling; c) the total or partial non-performance of the judgment and the reasons for it; d) the execution of the judgment immediately after completion e) about the replacement of the pecuniary sanction with another punishment. + Section 5-a Provisions on cooperation with the Member States of the European Union in application of Framework Decision 2006 /783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders + PARAGRAPH 1 -General provisions Article 187 ^ 49 Definitions (1) By order of confiscation is understood the sanction or measure ordered by a court as a result of a criminal procedure, which consists in the final forced removal of the assets of the patrimony of the one who owns them. (2) By good means any good, regardless of its nature, corporal or intangible, mobile or immovable, as well as the documents or legal instruments that prove the existence of a title or a right on this good, with regard to which the court of the issuing State established that: a) constitute the product of the offence or correspond wholly or in part to the value of b) constitutes the instrument of such crime. (3) By the product of a crime it is understood any economic advantage arising from the criminal act. He can dress any form of good that came into being by committing the crime. (4) By instrument of a crime it is understood any kind of good that used or was intended to use, in any way, in whole or in part, for the commission of the crime or crimes. (5) Through cultural goods belonging to the national cultural heritage are understood the goods defined according to art. 58 ^ 2 of Law no. 182/2000 on the protection of the mobile national cultural heritage, with subsequent amendments and completions, which transposes art. 1 1 para. (1) of Council Directive 93 /7/EEC of 15 March 1993 on the return of cultural goods which left the territory of another Member State illegally. (6) When the criminal proceedings that led to confiscation relate to a main offence and to the crime of money laundering, by the offence provided for in art. 187 ^ 63 para. ((1) lit. f) the main offence is understood. (7) The issuing State means the Member State in which a court has issued a confiscation order in a criminal proceeding. (8) The executing State shall mean the Member State to which the confiscation order has been transmitted for execution. (9) The Framework Decision means Framework Decision 2006 /783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders, published in the Official Journal of the European Union no. L 328 of 24 November 2006. Article 187 ^ 50 Confiscation Order and Certificate (1) The confiscation order is issued in the form and in accordance with the legislation of the issuing state and is accompanied by the certificate provided in par. ((3). (2) According to the Romanian law, by order of confiscation it is understood the decision by which the court took the measure of safety of special confiscation, with the final mention or the device of this decision, including the confiscation provision. (. The certificate must be drawn up in accordance with the standard form set out in Annex no. 4 4 and be signed and stamped by the judicial authority that ordered the seizure. The content of the certificate must also be certified by the issuing judicial authority. Article 187 ^ 51 Competent Romanian authorities (1) The Romanian authorities competent to issue a confiscation order shall be the courts. ((. In the case of the confiscation order issued by a judicial authority of a Member State, the jurisdiction of enforcement shall belong to the tribunal in whose constituency the property subject to confiscation is situated. Where the confiscation order concerns: a) several movable property located in the constituency of different courts, the competence belongs to the Bucharest Court; b) several movable property and an immovable property, the jurisdiction belongs to the tribunal in whose constituency the immovable property is located; c) several immovable property, located in the constituency of different courts, the jurisdiction belongs to the court in the constituency to which the immovable property is located having the highest value. ((3) In the case of multiple confiscation orders, transmitted by several issuing Member States, for the same goods, the jurisdiction belongs to the tribunal first referred to. (4) The Romanian central authority in application of art. 3 3 para. (2) of the Framework Decision is the Ministry of Justice, which is intended to assist the courts and to transmit and receive confiscation orders where direct contact is not possible. Article 187 ^ 52 Scope of application (1) If the facts that led to the issuance of a confiscation order constitute one or more of the following crimes, regardless of the name they have in the legislation of the issuing State, and are sanctioned by the law of the issuing State with a the custodial sentence of a maximum duration of at least 3 years, the confiscation order shall be executed without the verification of double criminality: 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 affecting the financial interests of the European Communities within the meaning of the Convention of 26 July 1995 on the protection of the financial interests of the European Communities; 9. washing products of crime; 10. counterfeiting of currency, including counterfeiting of the euro; 11. facts related to cybercrime; 12. crimes against the environment, including the illicit trafficking of endangered animal species and endangered species and varieties of plants; 13. facilitating illegal entry and stay; 14. manslaughter, serious bodily injury; 15. illicit trafficking of human organs and tissues; 16. kidnapping, deprivation of liberty illegally and taking hostages; 17. racism and xenophobia; 18.theft organized or armed; 19. illicit trafficking of cultural goods, including antiques and works of art; 20. deception; 21. racket and extortion; 22. counterfeiting and piracy of products; 23. falsification of official acts and the use of forgery; 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. Traffic of stolen vehicles; 28. rape; 29. arson with intent; 30. crimes under the jurisdiction of the International Criminal Court; 31. illegal sequestration of ships or aircraft; 32. sabotage. (2) For cases other than those mentioned in par. (1), the recognition and execution of a confiscation order is subject to the condition that the facts which determined the disposition of the confiscation to represent a deed that would allow the seizure according to the Roman law, whatever the constituent elements and legal qualification in the law of the issuing state or anyway would be described the act in the law of this Article 187 ^ 53 Amnesty, pardon and review of confiscation orders ((1) The amnesty and the pardon may be granted by both the issuing State and the executing State. ((2) Revision of the confiscation order may be ordered only by the issuing State. + PARAGRAPH 2 -Procedure for the transmission by the Romanian authorities of the confiscation orders and the certificate Article 187 ^ 54 Transmission of confiscation orders and certificate (1) The confiscation order together with the certificate provided for in art. 187 ^ 50, accompanied by a translation into the official language or languages of the executing Member State or in another language accepted by it, shall be transmitted by the issuing judicial authority directly to the competent authority of the executing State, by any means which allows a written record and under conditions allowing the competent authority of the executing State to determine their authenticity. Translation is carried out through the care of the issuing judicial authority (. The original of the confiscation order and the original of the certificate shall be transmitted to the executing State upon request. ((3) If the issuing judicial authority does not know the competent authority to recognize and execute the confiscation order, it shall request the executing State, through the contact points of Romania to the European Judicial Network, to provide information on this. (4) Direct transmission provided in par. ((1) is not permitted where a Member State has designated a central authority for the transmission or receipt of confiscation orders. (5) All communications related to the recognition and execution of the confiscation order shall take place directly between the issuing authority and the competent authority of the executing State, subject to the provisions of par. ((4). Article 187 ^ 55 Determination of the competent Member State to execute the confiscation order (1) The confiscation order and the certificate provided for in art. 187 ^ 50 can be transmitted: a) if the confiscation order has as its object the confiscation of a sum of money, to the competent authority of the Member State in which the issuing judicial authority has reasonable grounds to believe that the natural or legal person confiscation holds property or income; b) if the confiscation order has as its object the confiscation of parts of a good, to the competent authority of the Member State where the issuing judicial authority has reasonable grounds to believe that the property subject to confiscation is located. ((. In the absence of substantiated indications, allowing the determination of the Member State to be transmitted to the order, the issuing judicial authority may transmit the confiscation order to the competent authority of the Member State in which it resides. or has the seat of the natural or legal person against whom the order was issued. Article 187 ^ 56 Transmission of a confiscation order to one or more executing States (1) The confiscation order can be transmitted only to a single state of execution, except in the cases provided in par. ((2) and (3). (. The confiscation order concerning parts of a determined good may be transmitted to several executing States at the same time when: a) the issuing judicial authority has reasonable grounds to believe that certain parts of the property subject to confiscation are located in different locations in several executing States; b) confiscation of a certain part of a property subject to confiscation involves activities involving actions from several executing states, or the issuing judicial authority has good reason to believe that a certain part of a good subject The seizure is in one of two or more executing states. (3) The order for confiscation of a sum of money may be transmitted to several executing States, at the same time, when the issuing judicial authority considers that it is necessary to transmit, for example, if the respective good was not preserved under Council Framework Decision 2003 /577/JHA, or the value of the good that could be confiscated in Romania, as an issuing State, and in any of the executing States is not sufficient for the execution of the entire amount provided for in confiscation order. Article 187 ^ 57 Effects of transmission of a confiscation order (1) The transmission of the confiscation order to one or more executing states shall not affect the right of the Romanian judicial authority to order the execution of confiscation, according to the Romanian Code of Criminal Procedure. ((2) In the case of transmission to one or more states of execution of a confiscation order regarding a sum of money, the value arising from its execution may not exceed the maximum amount specified in the confiscation order. (. The issuing judicial authority shall without delay inform the competent authority of each executing State: a) if it considers, for example, on the basis of the information that each of the executing states has brought to its attention, that there is a risk of exceeding the maximum amount provided for in the confiscation order. Where the issuing judicial authority has been informed that the execution of the confiscation order has been postponed, it shall without delay inform the competent authority of the executing State whether or not there is such a risk; b) if the confiscation was executed in whole or in part in Romania or in one of the executing states. In the case of confiscation, the issuing judicial authority shall specify the amount for which the confiscation order is still executed; c) if, subsequently to the transmission of a confiscation order, a Romanian authority receives from the person the person against whom the confiscation order was issued any amount of money that it willingly acquits in the account of the confiscation order. In the situation of confiscation of the product of the crime, any part of the amount is deducted from the amount to be confiscated in the executing In this case, the issuing Romanian judicial authority shall specify the amount as to which the confiscation order shall be executed. (4) If, as a result of the execution of a confiscation order issued by a Romanian judicial authority, the executing authority has compensated any interested person, including good faith third parties, the Romanian state will reimburse the executing State the amount awarded as compensation. (5) If the executing authority informs that the execution of the confiscation order involves high or exceptional expenses, the issuing Romanian judicial authority may consider the proposal to share the expenses on the basis of a detailed payment sheet submitted by the executing authority. Article 187 ^ 58 Termination of confiscation The issuing Romanian judicial authority shall immediately inform the competent authority of the executing State, by any means allowing a written record, any decision to revoke the measure of confiscation or withdrawal of the order of confiscation, for whatever reason. + PARAGRAPH 3 -Procedure for the execution by the Romanian authorities of confiscation orders Article 187 ^ 59 Previous measures (1) When the court receives a confiscation order, no later than 24 hours after the date of receipt, it shall verify that the order is accompanied by the translation into Romanian. ((2) If the confiscation order is not translated, the court shall ask the competent authority of the issuing state to remit the translation, within a period of no more than 5 days. ((3) The distribution of the case shall be made in accordance with the legal provisions applicable to the matter, to a complete format of a single judge, the period of judgment established not being more than 5 days. (4) If the court considers that it is not competent to recognize and take the necessary measures for the execution of the confiscation order, it shall, ex officio, send the confiscation order to the competent court to recognize and execute it and inform about this competent authority of the issuing State. If the confiscation order does not contain sufficient information for the determination of jurisdiction, the court may request the competent authority of the issuing state to transmit the additional information or the certificate provided for in art. 187 ^ 50, if it was not initially transmitted, setting a deadline of no more than 5 days, in which the competent authority of the issuing State shall transmit such documents. Article 187 ^ 60 Rules on the recognition and enforcement of confiscation orders (. The confiscation order issued by a competent authority of a Member State shall be recognised without the need for any other formality, unless one of the reasons for non-recognition referred to in art. 187 ^ 63. (2) The confiscation order issued by a competent authority of a Member State, recognized by the court, shall be executed without delay, unless it is an incident one of the grounds for postponement provided for in art. 187 ^ 64. ((3) In the event of refusal of recognition of a confiscation order, the court shall consider the possibility to consult with the competent authority of the issuing State, prior to the delivery of a judgment in this regard. If the refusal is based on the grounds provided for in art. 187 ^ 63 para. ((1) lit. a), b), e), f) or g), the consultation is mandatory. The consultation is also mandatory in the case provided for in art. 187 ^ 63 para. ((1) lit. d), if the competent authority of the issuing state is not informed according to art. 187 ^ 68 para. ((3). (4) If the person to whom the seizure was ordered may present proof of confiscation, in whole or in part, in any state, the court consults the competent authority of the executing State. In the case of confiscation of the products of the crime, any part of the amount that is recovered according to the confiscation order of any states, other than the Romanian state, shall be deducted entirely from the amount to be confiscated by the court. (5) The court may order to take alternative measures to the confiscation order, including imprisonment or other custodial measures, only if the competent authority of the issuing State has, in writing, expressed its consent. ((6) If the confiscation order concerns a sum of money, the court shall convert, if any, the amount of money subject to confiscation in national currency at the exchange rate existing on the date on which the confiscation order was issued. (7) If the execution of the confiscation order involves high or exceptional expenses, the Romanian executing judicial authority may inform about this competent authority in the issuing state and propose the division of expenses on the basis of a detailed payment sheet drawn up in this regard. Article 187 ^ 61 Applicable law The execution of the confiscation orders is governed by the Romanian law, the Romanian authorities being the sigoons able to decide on the execution of the confiscation, including on the measures to be taken in this regard. Article 187 ^ 62 Confiscation in special cases (1) If a confiscation order concerns a certain part of a good, if the issuing authority consents, and if such possibility is permitted by the law of both states, the court may order the seizure by monetary equivalent the value of the property subject to confiscation (2) If the confiscation order concerns a sum of money, if the amount of money cannot be obtained in full, the court may order the confiscation of any part of a good that will be found available. Article 187 ^ 63 Grounds for non-recognition or non-performance (1) Unless provided for in art. 187 ^ 52 para. ((2), the recognition and enforcement of the confiscation order may be refused if: a) the certificate provided in art. 187 ^ 50 is not annexed, is incomplete or does not correspond clearly with the confiscation order; b) execution of the confiscation order would be contrary to the principle of non bis in idem; c) Romanian legislation provides for an immunity or a privilege that makes it impossible to execute the confiscation order; d) the rights of any interested party, including the rights of third parties of good faith, make it impossible to execute the confiscation order, including where it represents a consequence of the application of the provisions laid down for the rights under art. 187 187 ^ 68; e) of the certificate appended to the confiscation order results that the person against whom the seizure was ordered did not appear personally and was not represented by a lawyer in the proceedings that led to the disposition of the seizure, outside only if the certificate attests that the person concerned was informed personally or by his competent representative, in accordance with national law, of the legal proceedings, in accordance with the legislation of the issuing State, or if the person it specified that it does not contest the confiscation order; f) the confiscation order is based on criminal proceedings regarding crimes that: -according to the Romanian legislation are regarded as committed, in whole or in part, on the territory of the Romanian state; or -were committed outside the territory of the issuing state, and the Romanian legislation does not allow measures to be taken against the crimes that were committed outside the territory of the Romanian state; g) execution of the confiscation order prejudicial to constitutional principles; h) execution of the confiscation order was prescribed according to the Romanian law, provided that the crimes are within the competence of the Romanian authorities according to the internal criminal legislation. (2) In the case referred to in par. ((1) lit. a), the court may set a time limit for the submission or completion or correction of the certificate. ((. Any decision to refuse recognition and enforcement shall be taken and notified as soon as possible to the competent authorities of the issuing State. (4) If, in practice, the execution of the confiscation order is impossible because the property subject to confiscation has disappeared, it has been destroyed, it cannot be found at the place indicated in the certificate or because the place where the property is found was not indicated in a fairly clear manner even after consulting the issuing State, the court immediately informs the competent authority of the issuing State in that regard. Article 187 ^ 64 Postponement of execution of confiscation order (. The court may defer the execution of a confiscation order: a) if, in the case of a confiscation order concerning a sum of money, it considers that there is a risk that the total value resulting from its execution will exceed the amount specified in the order due to its simultaneous execution in several Member States; b) in the case of damages actions referred to in art. 187 187 ^ 68; c) if he considers that the immediate execution of the confiscation order could prejudice a criminal procedure in progress; the postponement is ordered until the date on which the execution becomes possible; d) when compared to the goods subject to the confiscation order ordered the seizure in an internal criminal trial. ((2) In the case of postponement, the court shall, for the duration of the postponement, take all necessary measures, similar to the measures taken in the cases provided for by domestic law, in order to prevent the disappearance of the goods (3) In case of postponement provided in par. ((1) lit. a), the court shall inform, without delay, by any means allowing a written record, the competent authority of the issuing State. (4) In the cases referred to in paragraph 1. ((1) lit. b) and c), the court shall draw up a report on the cases of adjournment, including, if possible, the duration provided for the postponement, a report to be submitted to the competent authority of the issuing State. (5) As soon as the reasons for the postponement have ceased to exist, the court will take all necessary measures to execute the confiscation order and to inform the competent authority of the issuing state. Article 187 ^ 65 Multiple confiscation orders If the court is handling: a) two or more confiscation orders regarding a sum of money, which were issued against the same natural or legal person, and the person concerned does not present sufficient means in Romania for the execution of all orders; or b) two or more confiscation orders concerning the same goods, this takes into account all the circumstances, including those concerning the preserved goods, the gravity and the place where the offence was committed, the date of issue and the date the transmission of the respective orders, in order to decide which of the confiscation orders will be executed. Article 187 ^ 66 Disposition of confiscated property (1) The Romanian state, through its competent bodies, has the amounts of money obtained from the execution of a confiscation order, as follows: a) if the amounts of money obtained from the execution of a confiscation order have a value below 10,000 euros or the equivalent in lei of this amount, they are made income to the state budget; b) in all other cases, 50% of the amount obtained from the execution of a confiscation order will be transferred to the issuing state. (. In the case of the other goods, the seizure shall be executed in one of the following a) confiscated goods can be capitalized, by sale, according to the legal provisions, in which case the amount obtained from the recovery is distributed according to the provisions of par. ((1); or b) confiscated property may be transferred to the issuing State. If the confiscation order covers part of the value of the order, the goods shall be transferred to the issuing State only if the competent authority of that State consents to that effect; c) when the provisions of the letter cannot be applied. a) or b), may be ordered with regard to the goods confiscated in another way, in accordance with the provisions of the Romanian law. (3) Cultural goods, part of the national patrimony, subject to confiscation may not be sold or transferred. (4) Provisions of para. ((1)-(3) shall apply unless otherwise provided by an agreement concluded between the Romanian State and the issuing State. Article 187 ^ 67 Information on the execution result The executing authority shall, without delay, inform the competent authority of the issuing State of: a) communication of a confiscation order to the competent Romanian court, according to art. 187 ^ 59 para. ((4); b) the reasoned decision refusing to recognize the confiscation order; c) total or partial non-execution of confiscation orders for the reasons provided in art. 187 ^ 53, art. 187 ^ 60 para. ((3), art. 187 ^ 61 and art. 187 187 ^ 65; d) execution of the order, as soon as it is realized; e) the application of alternative measures to execute the confiscation order, according to art. 187 ^ 60alin. ((5). Article 187 ^ 68 Compensation (1) Any interested party, including the third parties of good faith involved, shall be entitled to compensation, under the law, in the case of violation of his rights by the recognition and execution of a confiscation order. (2) The substantive reasons that were the basis for the issuance of the confiscation order cannot be challenged before the executing Romanian court. ((. Where an action for damages is brought before the Romanian court, it shall inform the competent authority of the issuing State. Article 187 ^ 69 Refund ((. Without prejudice to the provisions of art. 187 ^ 68 para. (2), if the Romanian State responds for the damage caused to one of the interested persons, including the third parties of good faith, as a result of the execution of a confiscation order transmitted to the execution of a Romanian judicial authority, it will require the issuing State of any amount paid as compensation to the person concerned, unless and to the extent that the damage or part thereof is solely due to the conduct of the Romanian authorities. (2) Provisions of para. ((1) shall be without prejudice to the internal legal provisions concerning damages actions brought by natural or legal persons. " 66. The following entry shall be inserted after Article 189: " This law transposes into national law the provisions of the framework decisions of the European Union in the field of judicial cooperation in criminal matters, as follows: 1 1. Framework Decision 2002 /584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between the Member States, published in the Official Journal of the European Union no. L 190 of 18 July 2002; 2 2. Council Framework Decision 2003 /577/JHA of 22 July 2003 on the execution in the European Union of orders for the freezing of goods or evidence, published in the Official Journal of the European Union no. L 196 of 2 August 2003; 3 3. Council Framework Decision 2005 /214/JHA of 24 February 2005 on the application of the principle of mutual recognition of pecuniary sanctions, published in the Official Journal of the European Union no. L 76 of 22 March 2005; 4 4. Framework Decision 2006 /783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders, published in the Official Journal of the European Union no. L 328 of 24 November 2006. ' + Article II Annex to Law no. 302/2004 , as amended and supplemented, shall be repealed and replaced by Annexes no. 1 1-4 to the present law. + 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 subsequent amendments and completions, as well as 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. p. CHAMBER OF DEPUTIES PRESIDENT, EUGEN NICOLICEA SENATE PRESIDENT NICOLAE VACAROIU Bucharest, 28 October 2008. No. 222. + Annex 1 EUROPEAN ARREST WARRANT * 1) ----------- * 1) This mandate must be completed or translated into one of the official languages of the executing Member State, when that State is known, or in one of any other languages accepted by that State. This mandate was issued by a competent judicial authority. I request that the person mentioned below be arrested and handed over to the judicial authorities in order to carry out the prosecution or the execution of a sentence or custodial safety measures. a) Information on the identity of the requested person Name: ...................................................................... First name: ................................................................... Name before the marriage (if applicable): ........................... Alias (if applicable): ..................................................... Gender: ....................................................................... Nationality: ................................................................... Date of birth: ............................................................... Place of birth: .............................................................. Residence and/or residence: ........................................ Language/languages that the requested person understands (if they are/are known): .................................................................. Particular physical features/description of the requested person: ................ .............................................................................. The photo and fingerprints of the requested person, if they are dispone-balls and can be sent, or the address of the person who can be contacted with the sco to obtain them or to obtain a DNA characterization (if no such was included). information and shall be available for its transmission) b) The decision on which the mandate is based 1. Arrest warrant or judicial decision having the same effect: ........... Type: ....................................................................... 2. Final and enforceable judgment: ........................ .............................................................................. Reference: ................................................................... c) Information on the length of sentence: 1. Maximum duration of the sentence or of the custodial safety measure which may apply for the offence or offences: ..................... .............................................................................. .............................................................................. .............................................................................. 2. Duration of the sentence or of the custodial safety measure applied: .............................................................................. 3. The sentence that remained to be executed: ........................................ .............................................................................. d) The judgment in absentia and: -the person concerned was personally quoted or informed by other means of the date and place of the meeting in which the judgment was given in absentia; or-the person concerned was not personally quoted nor informed by other means of the date of and the place of the meeting in which the decision was given in absentia, but it has the following legal guarantees after the handover to judicial self-rities (if such guarantees can be given early): ............................................. .............................................................................. .............................................................................. .............................................................................. e) The offence (s) This warrant refers to a total of ........ crimes. Description of the circumstances in which the crime/crimes were committed, including the time (date and time), place and degree of participation in this/these of the requested person: ...................................... .............................................................................. .............................................................................. Nature and legal classification of the facts and applicable legal provisions/applicable code: ............................................................. .............................................................................. .............................................................................. I. If applicable, to mark one or more of the following facts, sanctioned in the issuing Member State with a custodial sentence or an order of detention with a maximum duration of at least 3 years as defined in the legislation Issuing Member State: [] participation in an organised criminal group; [] terrorism; [] trafficking in human beings; [] child sexual exploitation and child pornography; [] illicit trafficking of drugs and psychotropic substances; [] illicit trafficking in arms, munitions and explosive substances; [] corruption; [] fraud, including that against the financial interests of the European Communities within the meaning of the Convention of 26 July 1995 on the protection of the financial interests of the European Communities; proceeds of crime; [] currency counterfeiting, including the euro; [] crimes related to cybercrime; [] environmental crimes, including trafficking in endangered animal and plant species; [] facilitation of illegal entry and stay; [] murder and grievous bodily harm; [] illicit trafficking of human organs and tissues; [] unlawful deprivation of liberty, abduction and hostage-taking; [] racism and xenophobia; [] organised or armed theft; [] illicit trafficking of cultural property, including antiques and works of art; [] deception; [] racket and extortion; [] counterfeiting and piracy of goods; [] falsification of official documents and the use of forged official acts; [] falsification of means of payment; [] illicit trafficking of hormonal substances and other growth factors; [] illicit trafficking of nuclear or radioactive materials; [] 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 act or facts which do not fall under the Sects I: .................................................................................... .............................................................................. .............................................................................. f) Other relevant circumstances (optional information) (Extraterritoriality comments may be included, interruption of limitation periods or at consequences of the crime .............................................................................. .............................................................................. .............................................................................. g) This mandate also refers to the confiscation and remission of objects that may constitute material means of proof. This warrant also refers to the seizure and remission of objects obtained by the requested person as a result of the crime. Description (and location) of objects (if known): .... h) The offence or offences for which this warrant has been issued are sanctioned with the punishment of life imprisonment or a life detention order: -the legal provisions of the issuing Member State provide for the revision of the sentence applied or conditional release, after the execution of 20 years of the sentence imposed, in order to not execute the sentence or measure; and/or-the legal provisions of The issuing Member shall 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, with a view to the non-execution of the i) The issuing judicial authority of this mandate The official name: Name of its representative: ................................................. Function (function/degree): .................................................... Dossier reference: ......................................................... Address: ...................................................................... Telephone number (prefix of the country) (city prefix) (...): ............... Fax number (prefix of the country) (city prefix) (...): ................... Email: ...................................................................... Address of the contact person (competence for effective teaching): If a central authority is designated for the transmission and reception of European arrest warrants Name of the central authority: ................................................. Contact person, if applicable (function/degree and name): ............. Address: ...................................................................... Telephone number (prefix of the country) (city prefix) (...): ............... Fax number (prefix of the country) (city prefix) (...): ................... Email: ...................................................................... Data of the person who can be contacted to take the practical steps not-salt the person's surrender: ..................................................... .............................................................................. Where a central authority is designated for the transmission and administrative receipt of the European arrest warrants Name of the central authority: .............................................................................. Contact person, if applicable (function/degree and name): .............................................................................. Address: ...................................................................... .............................................................................. Telephone number (prefix of the country) (prefix of the area or city) (...): .. .............................................................................. Fax number (prefix of the country) (prefix of the area or city) (...): ...... .............................................................................. Email: ...................................................................... Signature of the issuing judicial authority, of the representative or of both .............................................................................. Name: ...................................................................... Function (function/degree): .................................................... Date: ........................................................................ Official stamp (if any) + Annex 2 CERTIFICATE a) The judicial authority which issued the freezing order, the official name ........................................................... Name of his representative: ................................................. Position held (function/title): ........................................... .............................................................................. .............................................................................. File reference: ............................................................. Address: ...................................................................... Telephone (country code) (zona/city code): .......................................... Fax (country code) (zona/city code): .............................................. Email: ...................................................................... Languages in which it is possible to communicate with the judicial authority: ........ Contact details (including languages in which it is possible to communicate with person/persons) of the person (s) to be contacted (contacted) if further information is required for the execution of the order or for Implementation of the necessary arrangements for the remission of evidence (if applicable): .............................................................. .............................................................................. b) the Authority competence for the execution of the freezing order in the issuing State Official name ........................................................... Name of his representative: ................................................. Position held (function/title): ........................................... .............................................................................. .............................................................................. File reference: ............................................................. Address: ...................................................................... Telephone (country code) (zona/city code): .......................................... Fax (country code) (zona/city code): .............................................. Email: ...................................................................... Languages in which it is possible to communicate with the judicial authority: ........ Contact details (including languages in which it is possible to communicate with person/persons) of the person (s) to be contacted (contacted) if for the execution of the order additional infor-mations or for the implementation of the necessary arrangements for the remission of samples (if applicable): .............................................................. .............................................................................. .............................................................................. c) If both lit. a), as well as lit. b) have been completed, this point must be completed to show which authority/or if both authorities must be contacted/contacted. [[] The authority indicated in lett. a) [] The authority indicated in lett. b) If a central authority is responsible for the transmission and reception of the freezing orders (applies only to Ireland and the United Kingdom of Great Britain and Northern Ireland): Name of the central authority: ................................................. Contact person, if applicable (function/degree and name): ............. Address: ...................................................................... Reference number: .................................................... Telephone number (prefix of the country) (city prefix) (...): ............... Fax number (prefix of the country) (city prefix) (...): ................... Email: ...................................................................... e) The freezing order 1. Date and, if available, reference number: 2. Indicate the purpose of the order: 2.1. Subsequent confiscation 2.2. Formation of samples 3. Description of the formalities and procedures to be observed at the execution of an order freezing order (if applicable): .......... f) Information on the goods or evidence subject to the freezing order in the executing State Description of the goods or samples and location 1. a) The precise description of the goods and, if applicable, the maximum amount to be recovered (if the maximum amount is indicated in the order on the value of the proceeds of the crime): b) samples (if not known, last known location): 3. The party that has custody of the goods or evidence or the known owner of the goods or evidence, if it is not about the person suspected of committing the crime or the one convicted (if this applies to Domestic of the issuing State): g) Information on the identity of the natural person (1) or legal person (2) suspected of committing the crime or convicted (if this applies to the domestic law of the issuing state) or/and the persons concerned by the order of . Individuals: Name: ........................................................................ First name: ..................................................................... Name before marriage (if applicable): ................................ Alias (if applicable): ..................................................... Sex: ......................................................................... Nationality: ................................................................... Date of birth: ............................................................... Place of birth: .............................................................. Residence and/or known domicile (if the last known address is not known): .............................................................................. Language/languages that the person knows (if applicable): .............. 2. Legal persons Name: ................................................................... Legal person's form: .................................................... Registration number: ..................................................... Registered office: .......................................................... h) Measures to be taken by the executing State after the execution of the freezing order Confiscation 1.1. The property must be preserved in the executing State for a subsequent seizure 1.1.1. An application shall be attached to the execution of a confiscation order issued by the issuing State on ................................................. 1.1.2. An application for confiscation shall be attached to the executing State and the subsequent execution of a confiscation order 1.1.3. Estimated date for transmission of one of the applications referred to in 1.1.1 1.1.1 or in section 1.1.2 ................................................. or Establishment of Evidence 2.1. The goods must be remitted to the executing State to serve as evidence 2.1.1. An application for remission of goods or 2.2 shall be attached. The good must be kept in the executing state to serve later as evidence in the issuing state 2.2.2. Estimated date for transmission of the application referred to 2.1.1. ... ... i) Infractions Description of the grounds of the freezing order and the summary of facts known by the judicial authority which issued the freezing order and the certificate: ................................................................ .............................................................................. The nature and legal classification of the offences and the text of the law on which the freezing was ordered: ........................................ .............................................................................. one or more of the following acts are marked, sanctioned in the issuing Member State with a custodial sentence of a maximum duration of at least 3 years, as defined in the legislation of the issuing Member State: organised criminal group; [] terrorism; [] human trafficking; [] exploitation child sex and child pornography; [] illicit trafficking of drugs and psychotropic substances; [] illicit trafficking of weapons, ammunition and explosive substances; [] corruption; [] fraud, including that against the Communities ' financial interests European within the meaning of the Convention of 26 July 1995 on the protection of the financial instruments of the European Communities; [] the laundering of the proceeds of crime; [] counterfeiting of the currency, including the euro; computer science; [] environmental crime, including trafficking in species of endangered animals and vegetables; [] facilitation of illegal entry and stay; [] manslaughter and grievous bodily harm; [] illicit trafficking of human organs and tissues; [] unlawful deprivation of liberty, abduction and hostage-taking; [] racism and xenophobia; [] organized or armed theft; [] illicit trafficking of cultural goods, including antiques and works of art; [] deception; [] racket and extortion; [] counterfeiting and piracy of goods; [] falsification of official acts and the use of forged official acts; [] falsification of means of payment; [] illicit trafficking of hormonal substances and other growth factors; [] illicit trafficking of nuclear or radioactive materials; [] trafficking of stolen vehicles; [] rape; [] arson with intent; [] crimes under the jurisdiction of the International Criminal Court; [] illegal ships and aircraft; [] sabotage. II. Detailed description of the crime or offences not yet-drease in Section I: .............................................................................. j) Legal remedies against the order to preserve persons interested, including persons of good faith, available in the issuing State Description of the available legal remedies, including the actions to be met The court to which that remedy may be addressed: ................... Information on persons who have the quality to exercise the remedy: ........................................................................ Deadline for declaration of appeal: .................................. The authority of the issuing State which may provide additional information on the procedure for the exercise of the appeal in the issuing State and on the legal assistance and translation services available: Name: ...................................................................... Contact person (if applicable): ....................................... Address: ...................................................................... Telephone number (prefix of the country) (city prefix) (...): ............... Fax number (prefix of the country) (city prefix) (...): ................... Email: ...................................................................... k) Other relevant circumstances (optional information): .............................................................................. .............................................................................. .............................................................................. l) The text of the freezing order is annexed to this certificate The signature of the issuing judicial authority and/or the representative or attesting the accuracy information contained in the certificate Name: ...................................................................... Position held (title/function): ........................................... Date: ........................................................................ Official stamp (if available) + Annex 3 CERTIFICATE a) The issuing State: .............................................................. Executing State: ......................................................... b) The authority that issued the decision imposing the pecuniary sanction Official name: .......................................................... Address: ...................................................................... Reference No (...): ................................................ Telephone (country code) (zone/city code): ................................ Fax (country code) (zone/city code): .................................... Email (if any): ........................................................ Languages in which communication with the issuing authority is possible: ........... .............................................................................. Contact details of the person (s) from whom additional infor-mations may be obtained for the purpose of execution of the decision or for the transfer to the issuing state of funds obtained from execution, as the case may be (name, function/degree, telephone, fax and, if any, e-mail): ......................... .............................................................................. c) The competent authority for the execution of the decision imposing the pecuniary sanction in the issuing State (if the authority is different from that of lit. b) Official name: .......................................................... Address: ...................................................................... Telephone (country code) (zone/city code): ................................ Fax (country code) (zone/city code): .................................... Email (if any): ........................................................ Languages in which it can be communicated with the competent authority for enforcement: .............................................................................. Contact details of the person (s) from whom additional infor-money can be obtained for the purpose of execution of the decision or for the transfer to the issuing state of funds obtained from execution, as the case may be (name, title/grade, telephone, fax and, if any, email): ................................ .............................................................................. d) If a central authority was tasked with administering administrative-will of the decisions by which they applied pecuniary sanctions in the issuing State: Name of the central authority: .............................................. Contact person, if applicable (function/degree and name): ............. Address: ...................................................................... .............................................................................. Reference No: ...................................................... Telephone: (country code) (zone/city code): ............................... Fax (country code) (zone/city code): .................................... E-mail (if any): ........................................................ e) Authority or authorities that can be contacted [if lit. c) d) /have been completed (completed)) [] b) Can be contacted for questions regarding: ................................ [] The authority referred to in lett. c) Can be contacted for questions regarding: ................................ [] The authority referred to in lett. d) Can be contacted for questions regarding: ................................ f) Information relating to the natural or legal person to whom the pecuniary sanction was applied 1. In the case of a natural person Name: ........................................................................ First name: ..................................................................... Name before marriage, if applicable: ................................ Alias, if applicable: ...................................................... Gender: ........................................................................ Nationality: ................................................................... Identification number or social security number (if any): ...... Date of birth: ................................................................ Place of birth: ............................................................... Last known home: .................................................. Language or languages that the person understands (if known): .......... a) If the decision is transmitted to the executing State because the impo person-the decision of which the decision has taken place is habitually resident in its territory, add the following information: ................................. b) If the decision is transmitted to the executing State because the person impo-whose decision has been made has assets in the executing State, add the following information: Person: ............................................... Location where the person's assets are located: .................................. c) If the decision is passed on to the executing State because the impo person-whose decision has been made has a source of income in the state of execution- the following information: Description of the source or sources of income of the person: Location of the source (s) of income of the person: ......................... 2. In the case of a legal person Name: ................................................................... Form of organization of the legal entity: .................................... Registration number (if applicable): .................................... Registered office (if applicable): ........................................ Address of the legal person: .................................................... a) If the decision is passed on to the executing State because the person swear against whom the decision has been ruled holds assets in the state of execution, add the following information: Description of the legal person's assets: Place where the person's assets are located: ....................................... b) If the decision is passed on to the executing State because the juri-dica person against whom the decision has ruled has a source of income in the executing State, add The following information: Description of the source or sources of income of the legal person: Location of the source (s) of income of the legal person: ............... g) The decision imposing a pecuniary penalty 1. The manner of the decision imposing a pecuniary penalty (check the appropriate box): (i) the decision of a court in the issuing State in relation to an offence under the law of the issuing State; [] (ii) the decision of an authority of the issuing State, other than a court, in connection with a crime, according to the law of the issuing state. It is confirmed that the person concerned had the possibility to request the trial of the case by a competent court in criminal matters; [] (iii) the decision of an authority of the issuing State other than the court, in relation to facts punishable according to the national law of the issuing state as violations of legal norms. It is confirmed that the person concerned had the possibility to request the trial of the case by a competent court in criminal matters; [] (iv) the decision of a competent court in criminal matters, in connection with a decision between those provided for in point (iii) The decision was taken on: .............................................. The decision remained final on: ....................................... Reference number of the decision (if known): ........................ The pecuniary penalty constitutes a payment obligation (check the appropriate box or casings and specify the amount or amounts, with the indication of the currency in which it is expressed) regarding: [] (i) a sum of money as a conviction for a crime, delivered by a decision Amount: ........................................................................ [] (ii) compensation granted by the same decision for the benefit of the victims, when the victim cannot be a civil party in the trial and the court activates in the exercise of its competence in criminal matters Amount: ........................................................................ ........................................................................ [] (iii) a sum of money related to the expenses caused by the judicial or administrative procedure that led to the decision of the Amount: ........................................................................ ........................................................................ [] (iv) a sum of money to a public fund or to a victim support organisation, delivered by the same decision Amount: ........................................................................ The total amount of the pecuniary sanction, with the indication of the currency in which it is expressed: ................................................................... 2. Summary of facts and description of the circumstances in which the offence was committed (offences), including date and place: .............................................................................. .............................................................................. The nature and legal classification of the crime (s) and the applicable legal provisions on the basis of which the decision was made: .............................................................................. .............................................................................. .............................................................................. 3. To the extent that the act (s) specified in section 2 consti-tuie one or more of the following offences, confirm this by ticking the box or corresponding boxes: [] participating 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 financial interests of the European Communities in the meaning of the Convention of 26 July 1995 on the protection of the financial instruments of the European Communities; [] the laundering of the proceeds of crime; [] counterfeiting of the currency, including the euro; [] crimes related to cybercrime; [] environmental crimes, including trafficking in animal species and endangered plant; [] facilitation of illegal entry and stay; [] manslaughter and grievous bodily harm; [] illicit trafficking of human organs and tissues; [] unlawful deprivation of liberty, abduction and hostage-taking; [] xenophobia; [] organised or armed theft; [] illicit trafficking of cultural goods, including antiquities and works of art; [] deception; [] racket and extortion; [] counterfeiting and piracy of goods; [] falsification of official acts and the use of forged official acts; [] falsification of means of payment; [] illicit trafficking of hormonal substances and other growth factors; [] illicit trafficking of nuclear or radioactive materials; [] trafficking of stolen vehicles; [] rape; [] arson with intent; [] crimes under the jurisdiction of the International Criminal Court; [] illegal ships and aircraft; [] sabotage; [] behaviours that violate regulations on road traffic, including violations of rules on driving hours and rest periods and regulations on dangerous goods; [] smuggling of goods; [] infringement of intellectual property rights; [] threats and acts of violence against persons, including violence within sporting events; [] prejudices subject to criminal law; [] theft; [] offences established by the issuing State in order to put in place-which obligations arising out of international instruments adopted under the Treaty establishing the Community European or under Title VI of the Treaty on European Union. If this box is checked, specify the provisions of the instrument adopted on the basis of the Treaty establishing the European Community or the Treaty on European Union to which the offence is linked: ........ 4. To the extent that the act (s) specified in section 2 2 is not (not included) in section 6.6. 3, fully describe the offence (s): .............................................................. .............................................................................. h) Statute of the decision imposing the sanction pecuniary 1. Confirm that (tick the boxes): [a) the decision is final; [b) after the information held by the authority issuing the certificate, no decision has been made against the same person and on the same facts in the executing State and no such decision rendered in any State other than the issuing State or the executing State has been executed. 2. Specify if the cause was the subject of a written procedure: [] a) no, it did not; [] b) yes, it did. It is confirmed that the person concerned was, in accordance with the law of the issuing State, informed, personally or through a representative empowered under the national law, relating to his right to challenge the case and the terms of exercising the horses of attack. 3. Specify if the person concerned presented himself personally at the trial: [] a) yes, he presented himself; [] b) no, he did not appear. It is confirmed: [] that the person was personally informed or by a representative imputer-nicit according to the national law, regarding the procedure carried out in confor-mity with the law of the issuing state; or [] that the person specified that he did not contest the case. 4. Partial execution of the sanction If part of the value of the sanction has already been paid to the issuing state or, after the information held by the authority issuing the certificate, to any other state, specify the amount that has been paid: ............................... .............................................................................. i) Alternative sanctions, including custodial sanctions 1. Specify whether the issuing State allows the execution by the State of execution of alternative sanctions in the event of the impossibility to execute the decision that applies the sanction, either totally or partially: [] yes; [] no. 2. If so, specify what are the sanctions that can be applied (the way of sanctions, the maximum level of sanctions): [] deprivation of liberty. Maximum period: ................................... [] community service (or equivalent). Maximum period .......... [] other sanctions. Description: ................................................ j) Other relevant circumstances in the present case (optional information): ............... .............................................................................. k) applied the pecuniary sanction is attached to this certificate. Signature of the authority issuing the certificate and/or its representative, certifying the accuracy of the content of the certificate: ............ Name: ...................................................................... Function (title/degree): ..................................................... Date: ........................................................................ Official stamp (if any) + Annex 4 CERTIFICATE a) Issuing And Executing States Issuing State: ............................................................... Executing State: ......................................................... b) The court that issued the confiscation order Official name: .......................................................... Address: ...................................................................... File reference: ............................................................. Telephone (country code) (zona/city code): .......................................... Fax (country code) (zona/city code): .............................................. Email (if any): ........................................................ Languages in which it is possible to communicate with the court: ..................... .............................................................................. Contact details of the person (s) to be contacted (contac-tate) in order to obtain additional information for the purpose of executing the confiscation order or, if applicable, for the purpose of coordinating the execution of a confiscation communicated to two or more executing states or for the purpose of transferring to the issuing state of money or goods obtained from execution (name, function/title, telephone, fax and, if any, e-mail):. .............................................................................. .............................................................................. c) The competent authority for the execution of the confiscation order of the issuing State (in case in which that authority is other than the court referred to in point. b): Official name: .......................................................... Address: ...................................................................... Telephone (country code) (zona/city code): .......................................... Fax (country code) (zona/city code): .............................................. Email (if any): ........................................................ Languages in which it is possible to communicate with the court: ..................... .............................................................................. Contact details of the person (s) to be contacted (contac-tate) in order to obtain additional information for the purpose of executing the confiscation order or, if applicable, for the purpose of coordinating the execution of a confiscation communicated to two times as many executing states or for the purpose of transferring to the issuing state of money or goods obtained from execution (name, title/function, telephone, fax and, if any, e-mail): .............................................................................. .............................................................................. .............................................................................. .............................................................................. d) When a central authority was tasked with transmitting and receiving administrative orders for confiscation in the issuing State: Name of the central authority: .............................................. Contact person, if applicable (title/function and name): ................ Address: ...................................................................... File reference: ............................................................. Telephone (country code) (zona/city code): .......................................... Fax (country code) (zona/city code): .............................................. E-mail (if any): ........................................................ e) Authority or authorities that can be contacted [if lit. c) d) was (were) completed/completed] [] The authority referred to in lett. b) may be contacted for questions relating to: .......................... [[] The authority referred to in subparagraph c) can be contacted for questions regarding: ......................... [] The authority referred to in lett. d) may be contacted for questions relating to: ......................... f) If the confiscation order follows an order of unavailable-as transmitted to the executing State pursuant to Council Framework Decision 2003 /577/JHA COMMISSION DECISION of 22 July 2003 concerning the execution in the European Union of orders for the freezing of goods or evidence, furni-zati the relevant information in order to identify the order of unavailability-the date of issue and transmission of the order of preservation, the authors of which it was communicated, the number of reference, if available): .............................................................................. .............................................................................. g) When the confiscation order was transmitted more Many states of exe-cutare, provide the following information: 1. The confiscation order was communicated to the following (the following) other state (s) of execution (country and authority): .............................................................................. 2. many executing states for the following reasons (check the relevant version): 2.1. When the confiscation order envisages one or more determined goods: [] there are reasons to believe that different goods referred to in the confiscation order are located in different executing states; [] the seizure of a good specifically involves activities in several executing States; [] there are reasons to believe that the good referred to in the confiscation order is in one of the indicated execution states. 2.2 2.2. When the confiscation order envisages a sum of money: [] that property was not preserved in accordance with Council Framework Decision 2003 /577/JHA of 22 July 2003 on the execution of orders in the European Union of freezing of goods or evidence; [] the value of the property that can be confiscated in the issuing State and in all executing States risks not being sufficient to execute the total amount provided for in the confiscation order; [] other reasons (specify): ................................................ h) Information on the individual or legal against which the confiscation order was issued: 1. For individuals Name: ........................................................................ First name: ..................................................................... Name before marriage (if applicable): ................................ Alias (if applicable): ..................................................... Sex: ......................................................................... Nationality: ................................................................... Identification number or social security number (if applicable): .. Date of birth: ............................................................... Place of birth: .............................................................. Last known address: ..................................................... Language (s) that the person knows (if applicable): ............ 1.1. If the confiscation order envisages a sum of money: The confiscation order is transmitted to the executing State because (tick the relevant version): [] a) the issuing state has good reason to believe that the person against whom it was issued the respective confiscation order holds goods or income in the executing State. Complete with the following information: Reasons to believe that the person owns the goods/income: .................... Description of the goods/source of income of the person: ........................ The location of the person's goods/source of income (if not known, the last known location): ................................................... [] b) there are no good reasons, according to lit. a), allowing the issuing State to determine in which Member State may transmit the order of confis-which, but the person against whom the confiscation order was issued has the habitual residence in the executing State. Fill in with the following information: Ordinary residence in the executing state: .................................. 1.2. If the confiscation order envisages a good or more determined property (determined): The confiscation order is transmitted to the executing State because (tick the relevant variant): [a) the determined good (s) (determined) is/are located (located) in the executing State (see lit. i); [] b) the issuing State has reasonable grounds to believe that the whole (all) or part of the property (s) mentioned in the confiscation order is in the executing State. Add the following information: The reasons why it is considered that the good (the goods) are in the executing state: ................................................................... [] c) there are no good reasons, according to lit. b) allowing the issuing State to determine in which Member State may transmit the order of confis-which, but the person against whom the confiscation order was issued is habitually resident in the executing State. Fill in with the following information: Ordinary residence in the executing state: ................................... 2. For legal entities: Name: ................................................................... Legal person's form: .................................................... Registration number (if applicable): ................................... Registered office (if applicable): ........................................ Address of the legal person: .................................................... 2.1. If the confiscation order envisages a sum of money: the confiscation order is transmitted to the executing State because (tick the relevant version): [] a) the issuing state has good reason to believe that the legal person im-against to which the respective confiscation order was issued holds goods or income in the executing State. Fill in with the following information: Reasons to believe that the legal person owns the goods/income: ........... Description of the goods/source of income of the legal person: ............... Location of the goods/source of income of the legal person (if not known, last known location): ........................................ .............................................................................. [] b) there are no reasons According to lit. a) which would allow the issuing State to determine in which Member State may transmit the confiscation order, but the legal person for whom the order of confis was issued-which has its registered office in the executing State. Fill in with the following information: The registered office in the executing State: ................................... 2.2. If the confiscation order envisages a good or more determined property (determined): The confiscation order is transmitted to the executing State because (tick the relevant variant): [a) the determined good (s) (determined) is/are located (local-zate) in the executing State (see lit. i); [] b) the issuing State has reasonable grounds to believe that the whole (all) property (s) or part of the good (s) mentioned in the order of confis-which is in the executing State. Add the following information: The reasons why it is considered that the determined good (s) are in the executing State: .............................................. [] c) There are no good reasons, according to lit. b) allowing the issuing State to determine in which Member State may transmit the order of confis-which, but the legal person against whom the confiscation order has been issued is registered in the executing State. Complete with the following information: Headquarters registered in the executing State: ................................... i) Order of confiscation Order of confiscation was issued on: ................................ The confiscation order has remained final on: .......................... Reference number of the confiscation order (if applicable): ........... 1. Information on the nature of the confiscation order 1.1. Indicate (by ticking the relevant variants) if the confiscation order refers to: [] an amount of money The amount to be executed in the executing State (the currency will be indicated in figures and letters): ..................................................................... .............................................................................. Total amount provided for in the confiscation order (the currency in figures and letters will be indicated): ............................................................... .............................................................................. [] a good or more many determined goods (determined) Description of the determined good (s): Location of the determined good (s) (if not known, last known location): ................................................... .............................................................................. When the confiscation of the property (s) determined involves actions in several executing States, describe the measures to be put in place: .................................................................. 1.2. The court ruled that the good (tick the relevant variants): [] (i) represents the product of a crime or corresponds, in whole or in part, to the value of this product; [] (ii) represents the instrument of a crime; [] (iii) is susceptible to confiscation as result of the application, in the issuing State, of the extended confiscation powers, as provided for in point (a). a), b) and c). The foundation of this decision is that the court, on the basis of determined facts, considers that the goods result from: [] a) criminal activities of the convicted person carried out in a period prior to conviction for the offence targeted on which the court considers to be reasonable, having regard to the circumstances of the particular case; or [b) similar criminal activities of the convicted person carried out in a period prior to the conviction for the offence concerned, which the court considers it to be reasonable, given the circumstances of the case particular; or [c) criminal activities of the person, being established that the value of the goods is disproportionate in relation to the legal income of that person; [] (iv) is liable for confiscation according to any other provisions on the extended confiscation powers provided for by the legislation of the issuing State. If two or more confiscation categories are valid, fill in with details of the goods that are confiscated for each category: ................................................................ 2. Information on the offence (s) to which the confiscation order 2.1 relates. The state of affairs and the description of the circumstances in which the offence was committed (the offences) to which the confiscation order relates, including the date and place: ............................................................... 2.2. The nature and legal classification of the crimes resulting from the confiscation order, as well as the text of the law on the basis of which the decision was taken: .... .............................................................................. .............................................................................. .............................................................................. 2.3. If applicable, indicate one or more offences referred to in point (a). 2.2, if the respective offence (s) is/are sanctioned (sanctioned) by the issuing state with a custodial sentence with a maximum duration of at least 3 years imprisonment (check the relevant version): [] participation in an organised criminal group; [] terrorism; [] trafficking in human beings; [] child sexual exploitation and child pornography; [] illicit trafficking of drugs and psychotropic substances; [] illicit trafficking of weapons, ammunition and substances explosive; [] corruption; [] 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 instruments; [] the laundering of the proceeds of crime; [] counterfeiting of the currency, including the euro; cybercrime; [] environmental crimes, including trafficking in endangered animal and plant species; [] facilitation of illegal entry and stay; [] manslaughter and serious bodily harm; [] illicit trafficking of organs and human tissues; [] deprivation of liberty illegally, abduction and taking of hostages; [] racism and xenophobia; [] organized or armed theft; [] illicit trafficking of cultural goods, including antiques and works of art; [] deception; [] racket and extortion; [] counterfeiting and piracy of goods; [] falsification of acts official and use of falsified official acts; [] falsification of means of payment; [] illicit trafficking of hormonal substances and other growth factors; [] illicit trafficking of nuclear or radioactive materials; [] trafficking of stolen vehicles; [] rape; [] arson with intent; [] crimes under the jurisdiction of the International Criminal Court; [] illegal sequestration of ships and aircraft; [] sabotage. 2.4 2.4. Insofar as the offence/offences to which the confiscation order relates, identified/identified in item 2.2, is not (are) contained in point 2.3, describe in detail the respective offence (it should present the actual criminal activity in opposition with, for example, legal classification): j) Procedures resulting from the order of confiscation Indicate what procedures result from the confiscation order (tick the relevant version): [] a) The person concerned was present personally in the course of the judgment. [] b) The person concerned was personally present in the course of the judgment, but was represented by a legal adviser/lawyer. [] c) The person concerned was not personally present in the course of the judgment and was not/is represented by a legal adviser/lawyer. It is confirmed that: [] the person has been informed, in accordance with the legislation of the issuing State, personally or through a competent representative, in accordance with national law, about the judgment; [] the person has indicated that he does not contest the confiscation order. k) Convert and transfer of goods 1. If the confiscation order relates to a determined good, pre-cised if the issuing State authorizes the executing State to confiscate in the form of an obligation to pay a sum of money corresponding to the value of the property. [[] yes [] not 2. If the confiscation order refers to a sum of money, preci-zati if the good, other than the amount obtained by the execution of the con-tax order, can be transferred to the issuing state: [] yes [] no l) Alternative methods, including custodial sanctions 1. Specify whether the issuing State authorises the executing State to apply alternative measures where the execution of the confiscation order is not possible, in whole or in part: [] yes [] not 2. and the maximum penalty): [] prison (maximum period): ............................................ [] community service (or similar) (maximum period): ............. [] other sanctions (detailed): ............................................... ............................................... m) Other relevant circumstances (optional information): ..................... ..................... n) The confiscation order is annexed to this certificate. Signature of the issuing authority and/or representatives certifying the content of the certificate as complying with: .............................................................................. .............................................................................. .............................................................................. Name: ........................................................................ Function (title/grade): ........................................................ Date: ........................................................................ Official stamp (if available) --------

Law No. 222 Of 28 October 2008 For The Modification And Completion Of The Law #. 302/2004 Relating To International Judicial Cooperation In Criminal Matters

Original Language Title: ﻿ LEGE nr. 222 din 28 octombrie 2008 pentru modificarea şi completarea Legii nr. 302/2004 privind cooperarea judiciară internaţională în materie penală

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Original Language Title: LEGE nr. 222 din 28 octombrie 2008 pentru modificarea şi completarea Legii nr. 302/2004 privind cooperarea judiciară internaţională în materie penală