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Law No. 302 Of 28 June 2004 *) (Republished) Relating To International Judicial Cooperation In Criminal Matters

Original Language Title:  LEGE nr. 302 din 28 iunie 2004*) (*republicată*) privind cooperarea judiciară internaţională în materie penală

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LEGE no. 302 302 of 28 June 2004 (* *republished) (* updated *) on international judicial cooperation in criminal matters ((updated until 23 May 2016 *)
ISSUER PARLIAMENT




---------- ** **) Republicated pursuant to art. III of Law no. 222/2008 to amend and supplement Law no. 302/2004 on international judicial cooperation in criminal matters, published in the Official Gazette of Romania, Part I, no. 758 of 10 November 2008, giving the texts a new numbering. Law no. 302/2004 on international judicial cooperation in criminal matters was published in the Official Gazette of Romania, Part I, no. 594 of 1 July 2004, and subsequently amended and supplemented by: - Law no. 224/2006 to amend and supplement Law no. 302/2004 on international judicial cooperation in criminal matters, published in the Official Gazette of Romania, Part I, no. 534 534 of 21 June 2006; - Government Emergency Ordinance no. 103/2006 on certain measures to facilitate international police cooperation, published in the Official Gazette of Romania, Part I, no. 1.019 1.019 of 21 December 2006, approved by Law no. 104/2007 for approval Government Emergency Ordinance no. 103/2006 on certain measures to facilitate international police cooperation, published in the Official Gazette of Romania, Part I, no. 275 of 25 April 2007, with subsequent amendments and completions. + Title I General provisions + Chapter I Scope and general principles of international judicial cooperation in criminal matters + Article 1 Scope of application (1) This law applies to the following forms of international judicial cooperation in criminal matters: a) extradition; b) surrender on the basis of a European arrest warrant; c) the transfer of proceedings in criminal matters; d) recognition and enforcement of decisions; e) transfer of convicted persons; f) judicial assistance in criminal matters; g) other forms of international judicial cooperation in criminal matters. (2) The present law does not apply to the specific modalities of international police cooperation, if, according to the law, they are not under judicial control. + Article 2 Definition of terms and expressions For the purposes of this law, the following terms and expressions are defined as follows: a) requesting State-the State which makes an application in the fields covered by this Law; b) requested State-the state to which an application is addressed in the fields covered by this Law; c) central authority-that authority so designated by the requesting State or by the requested State, in application of the provisions of international conventions; d) judicial authority-the courts and prosecutors ' offices, established according to the Romanian law, as well as the authorities that have this quality in the requesting state, according to the latter's statements to the instruments applicable international; e) the person followed-the person who has been prosecuted internationally; -------- Lit. e) of art. 2 2 has been amended by section 4.2 1 1 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. f) the extraditable person-the person forming the subject of an extradition procedure; g) extradited or extradited person-the person whose extradition has been approved; h) active extradition-the extradition procedure in which Romania has the status of an applicant state; i) passive extradition-extradition procedure in which Romania has the status of state requested; j) the requested person-the person subject to a European arrest warrant; k) punishment-the punishment of detention for life or imprisonment or the custodial measure applied, by a court decision or criminal ordinance, as a result of a criminal action; -------- Lit. k) art. 2 2 has been amended by section 4.2 1 1 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. l) issuing state-the state in which a court decision was delivered or the criminal ordinance was issued, as the case may be; -------- Lit. l) of art. 2 2 has been amended by section 4.2 1 1 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. m) state of execution-the state to which a court decision is or has been transmitted for the purpose of its recognition and execution; -------- Lit. m) of art. 2 2 has been amended by section 4.2 1 1 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. n) the person convicted abroad-the Romanian citizen, as well as the citizen of another Member State of the European Union, the stateless or the foreigner who benefits in Romania from a right of permanent residence, convicted in another state; -------- Lit. n) of art. 2 2 has been amended by section 4.2 1 1 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. o) right of permanent residence ((i) permanent residence in accordance with the provisions of the Government Emergency Ordinance no. 102/2005 on the free movement on the territory of Romania of citizens of the Member States of the European Union, the European Economic Area and the citizens of the Swiss Confederation, republished, with subsequent amendments and completions; or ((ii) long-term residence in accordance with the provisions of the Government Emergency Ordinance no. 194/2002 on the regime of foreigners in Romania, republished, with subsequent amendments and completions; -------- Lit. o) of art. 2 2 has been amended by section 4.2 1 1 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. p) the state on whose territory the person lives-the state with which it has close ties based on the usual residence and other elements of the type of family, social, professional and cultural relations; -------- Lit. p) of art. 2 2 has been amended by section 4.2 1 1 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. r) within the meaning of Title III of this Law, the issuing judicial authority is the judicial authority of a Member State of the European Union, competent to issue a European arrest warrant, according to the law of that State; s) within the meaning of Title III of this Law, judicial enforcement authority is the judicial authority of a Member State of the European Union, competent to execute a European arrest warrant, according to the law of that state; s) for the purposes of Title III of this Law, the issuing Member State is the Member State of the European Union in which a European Arrest Warrant has been issued; t) for the purposes of Title III of this Law, the executing Member State is the Member State of the European Union to which a European Arrest Warrant is addressed. + Article 3 Limits of judicial The application of this law is subordinated to the protection of the interests of sovereignty, security, public order and other interests of Romania, defined by the Constitution. + Article 4 Preeminence of international law (1) The present law shall be applied on the basis and for the execution of the rules taking into account judicial cooperation in criminal matters, contained in the international legal instruments to which Romania is a party, which it complements in unregulated situations. ((2) Cooperation with an international criminal tribunal or an international public organization, in accordance with the provisions of special international instruments, such as the statutes of international criminal tribunals, shall be examined by a separate legal procedure, the provisions of this law can be applied accordingly, in addition, if necessary. + Article 5 International courtesy and reciprocity (1) In the absence of an international convention, judicial cooperation may be carried out by virtue of international courtesy, at the request sent by the requesting State by the requesting State and with the written assurance of reciprocity given by the competence of that state. (2) In the case provided in par. (1), this law constitutes the common law in matters for the Romanian judicial authorities. ((. The lack of reciprocity shall not prevent an application for international judicial assistance in criminal matters if it: a) proves necessary due to the nature of the act or the need to fight certain serious forms of crime; b) may contribute to improving the situation of the suspect, defendant or convict or his social reintegration; --------- Lit. b) a par. ((3) of art. 5 5 has been amended by section 4.2 1 1 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. c) may serve to clarify the judicial situation of a Romanian citizen. + Article 6 Reciprocity insurance If the Romanian state makes a request under the conditions of this law, based on international courtesy, ensuring reciprocity will be given by the Minister of Justice, for each case, whenever necessary, at the reasoned request of the the competent Romanian judicial authority. + Article 7 Applicable law The requests addressed to the Romanian authorities in the fields covered by this law are fulfilled according to the Romanian norms of criminal procedural law, if by this law it is not provided otherwise. + Article 8 Non bis in idem (1) International judicial cooperation is not admissible if a criminal trial was carried out in Romania or in any other state for the same act and if: a) by a final decision the payment or termination of the criminal proceedings was ordered; b) the sentence imposed in the case, by a final judgment of conviction, was executed or was the subject of a pardon or amnesty, in its entirety or on the unexecuted part or if the application of the sentence or postponement was ordered the application of the sentence and the time limit provided for in 82 82 para. (3) of the Criminal Code, namely the term of supervision provided for in art. 84 of the Criminal Code without intervening to revoke or cancel them. --------- Lit. b) a par. ((1) of art. 8 8 has been amended by section 4.2 2 2 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (2) Provisions of para. (1) does not apply if the assistance is requested for the purpose of reviewing the final decision, for one of the reasons justifying the promotion of one of the extraordinary remedies provided by the Code of Criminal Procedure of Romania. ((3) Provisions of para. ((1) shall not apply where an international treaty to which Romania is a party contains more favourable provisions in respect of the principle of non-bis in idem. + Article 9 Confidentiality The Romanian state has the obligation to ensure, as far as possible, at the request of the requesting state the confidentiality of the requests that are addressed to it in the fields covered by this law and the documents attached If the condition of maintaining confidentiality could not be ensured, the Romanian state will notify the foreign state, which will decide. + Chapter II General provisions on the procedure for international judicial cooperation in criminal matters + Article 10 Romanian Central Authorities (1) The competence to carry out the specific tasks of the Romanian central authority in the field of judicial cooperation in criminal matters belongs to: a) The Ministry of Justice, through the specialized direction, if the requests have as object the extradition, the European arrest warrant, the transfer of convicted persons, the freezing order, the confiscation order, the recognition and enforcement of decisions and criminal judicial acts, international rogatory commissions, any other form of international judicial assistance that refers to the activity of judgment or the execution phase of criminal decisions, as well as, regardless of the procedural phase, then where, where appropriate, otherwise provided by this law or the application is formulated under international courtesy or the Ministry of Justice is designated a single central authority according to the international treaties to which Romania is a party; b) The Public Ministry, through the specialized structures, when the international rogatory commissions or the other forms of international judicial assistance refer to the activity of research and prosecution; c) The Ministry of Internal Affairs, through the specialized structure, if it refers to the criminal record. (2) In the exercise of their duties, the Romanian central authorities shall receive, carry out the control of regularity and transmit to the requested state, for execution, the requests made by the At the same time, the Romanian central authorities receive, carry out the regularity control and, as the case may be, execute or transmit to the competent Romanian authorities, in order to execute, the requests ((3) The applications shall be executed or transmitted for execution, as the case may be, whenever the regularity check carried out is found to meet the conditions of form and substance provided for by this Law, the Treaties to which Romania it is a party, as well as, where appropriate, of the agreements or good practices established in relation to the requested or requesting State. (4) In the case of requests made by the Romanian authorities, the non-transmission of the application as a result of non-fulfillment of (3) or, in the case of those transmitted for execution to the authorities of the requested state, the failure to fulfill, the wrong or late performance by the authorities of the requested state of the activities requested by the Romanian the response of the requested state authorities, as well as any objective situations cannot be imputed to the Romanian central authorities and does not fall under the provisions of the Code of Criminal Procedure regarding the judicial fine (5) In relation to the Member States of the European Union, the provisions of paragraph (2) shall apply only if it does not contravene special provisions of this law or other special laws. -------- Article 10 has been amended by section 10. 2 2 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 11 Direct transmission ((. Applications for legal assistance in criminal matters may be transmitted directly by the requesting judicial authorities to the requested judicial authorities, if the international legal instrument applicable in the relationship between the requesting State and the requested State regulates this mode of transmission (2) In addition to the cases provided in par. (1), requests for legal assistance in criminal matters may be transmitted directly by the requesting judicial authorities to the judicial authorities requested in the event of an emergency, but a copy thereof will be transmitted simultaneously to the Ministry of Justice or to The prosecutor's office of the High Court of Cassation and Justice, as appropriate. (3) The procedure provided in par. ((1) and (2) will also be followed for the transmission of the response to urgent requests for judicial assistance in criminal matters. (4) In the case provided in par. (1) and (2) direct submissions will be made through the International Criminal Police Organization (Interpol). + Article 12 Other arrangements for the submission of applications ((. For the submission of applications under the Agreement between the requesting State and the requested State, appropriate electronic means may also be used, in particular the fax, where available, if the authenticity and confidentiality of the application, such as And the credibility of the transmitted data (2) Provisions of para. (1) does not prevent the use of the urgent ways provided for in art. 11. + Article 13 Internal competence The competence of the Romanian authorities to make a request in the fields covered by this law or to execute such a request is established by the provisions of the following titles of this law, as well as by other pertinent normative acts. + Article 14 Languages used (1) The applications provided for in Titles II and IV-VII addressed to Romania and the Annexes must be accompanied by a translation into Romanian or English or French. If the said documents are translated into a language other than the Romanian language, the central authority competent according to the provisions of art. 10 10 or the competent judicial authority, in the case of direct transmission, shall take measures to translate them as an emergency. (2) The requests made by the prosecution bodies, by the Romanian courts or, if so provided, in the applicable treaty or in this law, by the Ministry of Justice, as well as the annexed acts will be accompanied by translations in one of the languages provided in the applicable legal instrument in relation to the requested State. Applications made under international courtesy and the Annexes will be translated into the official language of the requested State. The translation is carried out at the request of the criminal prosecution body or the court by an authorized translator. If on the lists of the court of appeal in the constituency to which the prosecution body is located or the court there is no authorized translator for the language in which the application must be translated or, although there is, it refuses to provide the requested service, the prosecution body or the court will request the Prosecutor's Office of the High Court of Cassation and Justice or the Ministry of Justice, as the case may be, its translation. -------- Alin. ((2) of art. 14 14 has been amended by section 3 3 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. ((3) The answer to the requests addressed to Romania will be written in Romanian, its translation into the official language of the requesting state or in one of the English or French languages being optional, unless through the legal instrument the applicable international is otherwise available. ((4) The translation of the reply of the foreign authorities shall be carried out by an authorized translator, at the request of the Romanian authority, which -------- Alin. ((4) of art. 14 14 has been amended by section 3 3 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 15 Computation of the duration of sentences and custodial measures (1) The duration of penalties and custodial measures, in the performance of a request made by the Romanian authorities under this law, is taken into account in the Romanian criminal procedure and is calculated from the duration of the sentence applied by Romanian courts (2) The requested Romanian authorities are obliged to communicate to the competent authorities of the requesting state the information necessary for the duration of the sentences and custodial measures executed in Romania, based on a request to the authorities Romanian judicial --------- Article 15 has been amended by section 6.6. 3 3 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 16 Expenditure (1) The expenses occasioned by the fulfilment of a request covered by this Law shall be borne, as a rule, by the requested State (2) However, I am the responsibility of the State or the requesting judicial authority: a) the allowances and salaries of witnesses and experts, as well as travel and residence expenses; b) expenses occasioned by the remission of objects; c) the expenses incurred by the transfer of persons to the territory of the requesting State or to the premises of d) expenses occasioned by the transit of a person from the territory of a foreign state or from the premises of a judicial authority to a third country; e) expenses incurred by recourse to a videoconference for the fulfilment of a request for legal aid; f) other expenses considered as extraordinary by the requested State according to the human and technological means used to fulfill the request. (3) As a result of an agreement between the requested Romanian authorities and the requesting foreign authorities, it may be derogated, in exceptional cases, from the provisions of par. ((2). (4) The expenses incumbent on the Romanian state shall be borne by the state budget and shall be included, as the case may be, in the budget of the Ministry of Justice, the Public Ministry and the Ministry + Article 17 Remission of objects and goods (1) If the application has as its object or involves the remission of objects or other goods, they may be handed over when they are not indispensable to proving a criminal act whose prosecution and judgment falls within the jurisdiction of the judicial authorities Novels. (2) The remission of objects and other goods may be postponed or made under the condition of the refund. ((3) Provisions of para. ((1) and (2) shall not affect the rights of third parties of good faith and the rights of the Romanian state when these objects and goods may return to it. ((. Objects and goods shall be surrendered only on the basis of a final judgment in this regard by the competent judicial authority. (5) In the case of requests for extradition, the surrender of objects and goods provided in par. ((1) may be effected even if extradition is not granted, in particular because of the fugitive or death of the extraditable person. + Title II Extradition + Chapter I Passive extradition + Section 1 Conditions for extradition + Article 18 Persons subject to extradition May be extradited from Romania, under the conditions of this law, at the request of a foreign state, persons on its territory who are prosecuted or are sent to trial for the commission of a crime or are sought for execution a safety measure, a penalty or other judgment of the criminal court in the requesting State. --------- Article 18 has been amended by section 6.6. 4 4 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 19 Persons exempted from extradition (1) They cannot be extradited from Romania: a) Romanian citizens, if the conditions provided for in art. 20 20; b) asylum seekers, beneficiaries of refugee status or subsidiary protection in Romania, in cases where extradition would take place in the country of origin or in any other state in which life or their freedom would be endangered or in who would be subjected to torture, inhuman and degrading treatment; -------- Lit. b) a par. ((1) of art. 19 19 has been amended by section 4.2 4 4 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. c) foreign persons who enjoy in Romania immunity from jurisdiction, under the conditions and within the limits established by conventions or other international agreements; d) foreign persons quoted from abroad for hearing as suspects, injured persons, parties, witnesses or experts or interpreters before a requesting Romanian judicial authority, within the limits of the immunities conferred by the Convention international. --------- Lit. d) a par. ((1) of art. 19 19 has been amended by section 4.2 5 5 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (2) The quality of Romanian citizen, asylum seeker or beneficiary of refugee status or subsidiary protection in Romania is appreciated at the date of final stay of the decision on extradition. If this quality is recognised between the date of the final stay of the extradition decision and the date agreed for the surrender, a new ruling in question will be delivered. -------- Alin. ((2) of art. 19 19 has been amended by section 5 5 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 20 Extradition of Romanian citizens (1) Romanian citizens may be extradited from Romania on the basis of multilateral international conventions to which it is a party and on the basis of reciprocity, if at least one of the following conditions is fulfilled: a) the extraditable person domiciled in the territory of the requesting State at the time of the extradition request b) the extraditable person also has the nationality of the requesting c) the extraditable person committed the act on his territory against a citizen of a Member State of the European Union, if the requesting State is a member of the European Union. (2) In the case provided in par. ((1) lit. a) and c), when extradition is requested for prosecution or judgment, an additional condition is that the requesting State shall give assurances deemed sufficient that, in the case of conviction to a custodial sentence of freedom by a final court decision, the extradited person will be transferred in order to execute the sentence in Romania. (3) Romanian citizens may be extradited on the basis of the provisions of bilateral treaties and on the basis of reciprocity. (4) For the purpose of finding the conditions provided in par. (1)-(3), the Ministry of Justice may request the submission of an act issued by the competent authority of the requesting State + Article 21 Mandatory grounds for refusal of extradition ((1) Extradation shall be refused if: a) was not respected the right to a fair trial within the meaning of the European Convention for the Protection of Human Rights and Fundamental Freedoms, concluded in Rome on 4 November 1950, or any other relevant international instrument in domain, ratified by Romania; b) there are serious reasons to believe that extradition is requested for the purpose of tracking or punishing a person on the grounds of race, religion, sex, nationality, language, political or ideological opinions or belonging to a particular social group; c) the situation of the person risks worsens from one of the reasons stated in lett. b); d) the application is made in a case before extraordinary courts other than those constituted by the relevant international instruments, or in order to execute a sentence imposed by such a tribunal; e) refers to a criminal offence of a political nature or a related offence of a political offence; f) refers to a military offence which does not constitute a common law offence. (2) They are not considered political offences: a) the attempt at the life of a head of state or a member of his family; b) crimes against humanity provided by the Convention for the Prevention and Suppression of the Crime of Genocide, adopted on 9 December 1948 by the United Nations General Assembly; c) the offences provided in art. 50 of the 1949 Geneva Convention to improve the fate of the injured and sick in the armed forces in the campaign, in art. 51 of the 1949 Geneva Convention to improve the fate of the injured, sick and shipwrecked of the maritime armed forces, in art. 129 of the 1949 Geneva Convention on the treatment of prisoners of war and art. 147 of the 1949 Geneva Convention on the Protection of Civil Persons in Time of War; d) any similar violations of the laws of war, which are not provided for by the provisions of the Geneva conventions referred to in lett. c); e) the offences provided in art. 1 of the European Convention for the Suppression of Terrorism, adopted in Strasbourg on 27 January 1997, and in other relevant international instruments; f) the offences provided for in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted on 17 December 1984 by the United Nations General Assembly; g) any other offence whose political character has been eliminated by the international treaties, conventions or agreements to which Romania is a party. + Article 22 Optional grounds for refusal of extradition (1) Extradation may be refused when the act that motivates the application is the subject of an ongoing criminal trial or when this act may be the subject of a criminal trial in Romania. (2) The extradition of a person may be refused or deferred, if his surrender is liable to have consequences of particular gravity for her, in particular because of her age or state of health. In case of refusal of extradition, the provisions of art. 23 23 para. ((1) shall apply accordingly. + Article 23 Transfer of criminal proceedings in cases of refusal of extradition (1) The refusal of extradition of his own citizen or of the political refugee obliges the Romanian state that at the request of the requesting state to submit the case to its competent judicial authorities, so that prosecution and judgment can be exercised, if it is Case. To this end, the requesting state would transmit to the Romanian Ministry of Justice free of charge the files, information and objects regarding the The requesting State will be informed of the outcome of its request (2) If Romania opts for the solution of refusal to extradite a foreign citizen, the person suspected, accused or convicted in another state for one of the crimes provided for in art. 96 96 para. ((1) or for any other offence for which the law of the requesting State provides for the prison sentence of which the special minimum is at least 5 years, the examination of its own competence and the exercise, if applicable, of criminal action shall be made ex officio without exception and without delay. The requested Romanian authorities decide on the same conditions as for any crime of a serious nature provided for and punished by the Romanian law. --------- Alin. ((2) of art. 23 23 has been amended by section 6 6 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 24 Double criminalization (1) Extradation may be admitted only if the act for which it is suspected or accused or has been convicted the person whose extradition is requested is provided as a crime both by the law of the requesting state and by the Romanian law. --------- Alin. ((1) of art. 24 24 has been amended by section 7 7 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (. By way of derogation from paragraph 1. (1), the extradition may also be granted if the act is not provided for by the Romanian law, if for this act the requirement of double criminalization is excluded by an international convention to which Romania is a party. (3) The differences existing between the legal qualification and the name given to the same crime by the laws of the two states do not present the relevance, if by international convention or, in its absence, by declaration of reciprocity is not provided otherwise. + Article 25 Tax offences (1) In terms of taxes, customs and foreign exchange, the extradition will be granted according to the provisions of the applicable international agreement, for acts to which they correspond, according to the law of the Romanian state, crimes of the same nature. (2) Extradation cannot be refused for the reason that the Romanian law does not impose the same type of taxes or taxes or does not include the same type of regulation in terms of taxes, customs or foreign exchange as the legislation of the requesting state. + Article 26 Gravity of Extradition is granted by Romania, in order to prosecute or judge, for acts whose commission attracts according to the legislation of the applicant state and the Romanian law a custodial sentence of at least one year, and in order to the execution of a sentence, only if it is at least 4 months. + Article 27 Capital punishment If the act for which extradition is sought is punishable by death by the law of the requesting state, extradition can only be granted on condition that the state gives assurances considered as indestulating by the Romanian state as the capital punishment will not be executed, and will be commuted. + Article 28 Postponement of the application of the sentence and suspension of execution The person who was ordered to postpone the application of the sentence or the person sentenced to a custodial sentence with the suspension of the execution of the sentence under supervision can be extradited if the sentence of the remaining sentence the gravity requirements laid down in art. 26 and there are no other legal impediments to extradition. --------- Article 28 has been amended by section 6.6. 8 8 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 29 Offences committed in a third country In the case of crimes committed in the territory of a state other than the requesting state, extradition may be granted when the Romanian law confers the jurisdiction of the Romanian judicial authorities for crimes of the same kind, committed outside the territory of the Romanian state, or when the requesting state proves that the third state on the territory of which the crime was committed will not seek extradition for that act. + Article 30 Lack of prior complaint The extradition is not granted if, according to both the Romanian legislation and the legislation of the applicant state, the criminal action can only be committed to the prior complaint of the injured person, and this person opposes the extradition. + Article 31 Right of defence Romania will not grant extradition in cases where the extraditable person would be tried in the requesting state by a court that does not provide the fundamental guarantees of procedure and protection of rights to the defense or a national court instituted that is for the case, or if the extradition is required for the execution of a sentence handed down by that court. + Article 32 Judgment in absentia (1) If a person is requested to be extradited in order to execute a sentence handed down by a judgment given in absentia against him, the Romanian state may refuse extradition for this purpose, if it considers that the court procedure has disregarded the right of defence recognised to any person suspected or accused of committing a crime. However, extradition will be granted if the requesting State assures that it is sufficient to guarantee that the person whose extradition is required is entitled to a new trial procedure to safeguard his rights of defence. The extradition ruling entitles the requesting State to either move to a new judgment in the case, in the presence of the convict, if he does not resist, or pursue him extradited, otherwise. (2) When the Romanian state communicates to the person whose extradition is requested the judgment given in absentia against him, the requesting state will not consider this communication as a notification that draws effects to the criminal procedure in this state. --------- Article 32 has been amended by section 4.2. 9 9 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 33 Prescription (1) Extradation shall not be granted if the prescription of criminal liability or the prescription of the execution of the sentence is fulfilled either according to the Romanian legislation or according to the legislation of the requesting state. (2) The filing of the extradition request interrupts the previously unfulfilled prescription. + Article 34 Amnesty Extradition is not allowed for an offence for which amnesty intervened in Romania, if the Romanian state had the competence to pursue this crime, according to its own criminal law. + Article 35 Pardon The act of pardon adopted by the requesting State makes the request for extradition inoperative, even if the other conditions of the extradition are fulfilled. + Section 2 Extradition procedure from Romania + Article 36 The request for extradition and the Annexes (1) The request for extradition, made in writing by the competent authority of the requesting State, shall be addressed to the Ministry If the request is addressed by diplomatic means, it is transmitted without delay to the Ministry of Justice Another way can be agreed by direct understanding between the requesting state and the requested Romanian state. (. In support of the application, they shall: a) depending on the phase of the criminal proceedings, the original originals or copies of the final conviction decision, with the mention of the final stay, the decisions rendered as a result of the exercise of legal remedies, the mandate of execution of the sentence the prison, respectively the original originals or copies of the preventive arrest warrant, the requisitor or other acts having equal power. The authentication of copies of these documents shall be made free of charge by the competent court or prosecutor's office b) an exposure of the facts for which extradition is required. The date and place of their commission, their legal qualification and references to the legal provisions applicable to them shall be indicated in the most exact manner possible; c) a copy of the applicable legal provisions or, if this is not possible, a declaration on the applicable law, as well as the most accurate signage of the extraditable person and any other information likely to determine the identity and its nationality; d) data on the duration of the unexecuted sentence, in the case of the request for the extradition of a convicted person who executed only part of the sentence. + Article 37 Passive extradition procedure (1) Extradation from Romania shall be decided by the judiciary. (2) The passive extradition procedure is of an urgent nature and is also carried out during the judicial holiday. (3) The role of the Ministry of Justice consists in carrying out the tasks conferred on it, as central authority, by law and international treaties to which Romania is a party. (4) In the exercise of powers of central authority, the Ministry of Justice, through the specialized direction, shall, in particular, perform the following activities: a) receipt of the extradition request; b) examination of the request for extradition and of the acts annexed to it from the point of view of international regularity, under the conditions provided in art. 38 38; c) the transmission of the request for extradition and the documents attached to it to the competent prosecutor general, under the conditions provided in 40 40; d) the reasoned refund of the extradition request and the documents attached to it, in the cases provided in art. 38 38 para. ((4); e) the execution, in collaboration with the Ministry of Administration and Interior, of the final decision ordering the extradition; f) communication to the central authority of the requesting state of the solution given to the request for extradition or the request for provisional arrest for extradition, delivered by the competent judicial authority. + Article 38 International regularity examination (1) The international regularity examination aims to verify the conformity of the extradition request and its annexed acts with the provisions of the applicable international treaties, including the statements made by Romania on the basis of the provisions multilateral conventions. (2) The Ministry of Justice, through the specialized direction, shall carry out, within 3 working days from the date of receipt of the application, the international regularity examination provided in par. (1), to ascertain whether: a) between Romania and the requesting State there are conventional rules or reciprocity for extradition; b) the application for extradition is annexed to the acts provided for by the applicable international treaty; c) the application and the documents attached to it are accompanied by translations, according to art. 14 14; d) there is one of the limits of the granting of judicial cooperation provided 3. (3) Also, in the international regularity examination, the Ministry of Justice verifies the existence of reciprocity regarding the extradition of its own citizens, if the extradition of a Romanian citizen is requested. ((4) If it finds the non-fulfilment of the conditions of international regularity referred to in par. ((2) lit. a) and b) and in par. ((3), as well as if the situation referred to in par. ((2) lit. d), the Ministry of Justice refunds the application and the annexes, explaining the reasons. If the extradition request and the attached documents are not accompanied by translations into Romanian, the competent prosecutor's office will take measures to carry out a translation as urgently as possible. (5) In the case of requests for provisional arrest for extradition, the international regularity examination shall be carried out within 24 hours of receipt of the request. + Article 39 Contest of applications (1) If the extradition is requested by several states either for the same act or for different facts, the Romanian state decides, taking into account all the circumstances and, in particular, the gravity and the place of committing the crimes, on the date of filing the respective applications, the nationality of the extraditable person, the existence of the extradition reciprocity in relation to the Romanian State and the possibility of further extradition to another requesting State. (2) 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). (3) About the existence of the contest of requests The Ministry of Justice will urgently notify the competent authorities of the requesting states. + Article 40 Referral to the competent prosecutor Except for the refund cases provided for in art. 38 38 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. + Article 41 Representation of applicant (1) In the passive extradition procedure, the requesting state is represented by the central authority and the Romanian Public Ministry. At the express request of the requesting State, its representatives may participate, with the approval of the competent court, in the resolution of the extradition request. (2) Provisions of para. ((1) shall also apply in the case of the active extradition procedure. + Article 42 Judicial procedure and special rules of jurisdiction (1) The judicial extradition procedure is within the jurisdiction of the appellate court in whose constituency the extraditable person and the prosecutor's office were located. (1 ^ 1) If the requesting State at the same time requests the extradition of two or more persons, investigated in the same criminal case or in related cases, which were located in the constituencies of different courts of appeal, jurisdiction the settlement of extradition requests belongs to the Bucharest Court of Appeal. -------- Alin. ((1 ^ 1) of art. 42 42 has been introduced by section 6 6 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (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. (3) The decision rendered on the extradition request is subject to the appeal, under the conditions provided in art. 52 52 para. ((8) and art. 53. --------- Alin. ((3) of art. 42 42 has been amended by section 10 10 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (4) The rules of criminal procedure relating to the pursuit, judgment and enforcement are also applicable in the extradition procedure, insofar as the present law does not otherwise be ordered. + Article 43 Provisional arrest and court referral (1) The competent attorney general or the prosecutor appointed by him shall, within 48 hours of the receipt of the request for extradition and of the annexed acts, to the identification of the extraditable person, to whom the content of the acts transmitted by Requesting State authorities (2) After identification, the prosecutor general of the prosecutor's office of the appellate court in whose constituency was caught the extraditable person immediately notifies the competent court of appeal, in order to appreciate the taking of the measure of provisional arrest in to extradite the extraditable person and to continue the judicial procedure for the settlement of the extradition request. In the case provided in art. 42 42 para. (11), the hearing of the extraditable person by the Bucharest Court of Appeal can also be made by videoconference. The works carried out by the prosecutor's office of the court of appeal in whose constituency the extraditable person was caught are sent to the Prosecutor's Office of the Bucharest Court of Appeal, immediately after the hearing of the extraditable person. -------- Alin. ((2) of art. 43 43 has been amended by section 7 7 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (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. (4) Provisional arrest for extradition is executed in detention and preventive arrest centers, which are organized and operated under the Ministry of Internal Affairs, except in cases where the person is in the execution of a punishment in a penitentiary under the National Administration of Prisons. -------- Alin. ((4) of art. 43 43 has been amended by section 7 7 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (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 house arrest, judicial review or bail. The measure of provisional arrest is replaced by house arrest, judicial review or bail only in duly justified cases and only if the court considers that the extraditable person will not attempt to evade prosecution of the application. extradition. --------- Alin. ((5) of art. 43 43 has been amended by section 11 11 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (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. 57 57 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 General Inspectorate of the Romanian Police. (8) If against the extraditable person the competent Romanian judicial authorities have issued a preventive arrest warrant or a warrant for the execution of the prison sentence, for acts committed on the territory of Romania, the arrest warrant the provisional application for extradition becomes effective from the date on which the person concerned is no longer under the power of the warrant for the pre-trial detention or execution of the prison sentence. (9) The conclusion by which it was ordered to take, maintain, replace or terminate the measure of provisional arrest for extradition may be appealed separately, within 48 hours of delivery. The case will be submitted to the superior hierarchical court within 48 hours, and the appeal is adjudicated within 5 days of the registration of the case. The appeal against the conclusion ordering or maintaining the measure of provisional arrest is not suspensive of execution. --------- Alin. ((9) of art. 43 43 has been amended by section 11 11 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 44 Provisional arrest in case of emergency (1) In case of urgency, at the reasoned request of the requesting State, the person pursued may be provisionally arrested for extradition, prior to the receipt of the extradition request. (2) The red note or the international tracking broadcast through the channels of the International Criminal Police Organization-Interpol amounts to a provisional arrest request for extradition if expressly provided for in the applicable treaty or there is reciprocity (3) Persons referred to in art. 19 cannot be arrested on the basis of a red note or an international prosecution broadcast through the channels of the International Criminal Police Organization-Interpol. (4) In the request for provisional arrest for extradition, it must be shown: a) the authority requesting the provisional arrest for extradition; b) the identification data of the internationally wanted person, including the nationality; c) the existence of an arrest warrant or any other document having the same legal effects or an enforceable court decision; d) confirmation of the validity of the act provided in c); e) the exposure of the facts, which must specify the date, the place where they were committed and the degree of participation in their commission; f) the applicable legal provisions, including those regarding the prescription of criminal liability or the execution of the sentence; g) confirmation that the extradition request will be submitted. (5) If the arrest of a person referred to in art. 19 or when the red note or the international tracking broadcast through the channels of the International Criminal Police Organization-Interpol does not amount to a provisional arrest request for extradition, the request for provisional arrest in the view of the extradition is transmitted to the specialized directorate of the Ministry of Justice, directly or through the International Police Cooperation Center of the General Inspectorate of the Romanian Police. (6) If it amounts to a request for provisional arrest for extradition and there is data that the person pursued internationally is in Romania, the International Police Cooperation Center of the General Inspectorate of The Romanian police transmit the red note or the international tracking broadcast through the channels of the International Criminal Police Organization-Interpol to the prosecutor's office of the court of appeal in whose constituency the person followed or, if the place where the person is located, the Prosecutor's Office of the Court of Bucharest Appeal. (7) After identification, the prosecutor shall immediately notify the competent court of appeal, in order to assess the taking of the measure of provisional arrest for extradition. (8) The maximum duration of the measure of provisional arrest for the extradition of the extraditable person is 40 days, unless the applicable treaty is provided for a longer duration. (9) The release of the extraditable person shall not preclude a new provisional arrest for extradition or extradition, if the extradition request is subsequently received. -------- Article 44 has been amended by section 44. 8 8 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 45 Detention for extradition The detention measure can be taken by the prosecutor or the criminal investigation body against the extraditable person only after hearing it in the presence of the defender. The measure of detention can take no more than 24 hours. The criminal investigation body is obliged, within the first 10 hours after the detention of the extraditable person, to present it to the competent prosecutor. -------- Article 45 has been amended by section 6.6. 9 9 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 46 Procedure at the Court of Appeal (1) At the first term, the court shall take a declaration of the extraditable person, who shall be assisted free of charge by an interpreter and a defender ex officio, if there is no elected lawyer. The prosecutor's presence is mandatory The procedure is public, if the extraditable person or the prosecutor does not oppose, oral and contradictory. (2) The extraditable person or the sitting prosecutor may ask the court for an additional period of another 8 days, for sufficient justified reasons. The Prosecutor's Office is obliged to contribute to the procurement of the necessary data and documents to determine whether the conditions of extradition are fulfilled and to order the lifting and submission to the court of the objects to which art refers. 17. (3) After questioning, the extraditable person may opt either for voluntary extradition or for the continuation of the proceedings, in case of resisting extradition. + Article 47 Voluntary extradition (1) The extraditable person has the right to declare before the court that he waives the benefits he may give him the law to defend against the extradition request and that he gives his consent to be extradited and handed over to the competent authorities of requesting State. His statement is recorded in a minutes, signed by the presiding judge, the Registrar, the extraditable person, her lawyer and the interpreter. After the court finds that the extraditable person is fully aware of the consequences of his option, the court, also taking the prosecutor's conclusions, examines whether there is any impediment that excludes extradition. If it is found that the voluntary extradition is admissible, the court takes note of it by sentence and also has on the preventive measure necessary to be taken until the surrender of the extraditable person. The sentence is final, it is drafted within 24 hours and is immediately transmitted, in legalized copy, to the Ministry of Justice, to proceed according to the law. (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. 74. + Article 48 Simplified extradition In the case provided in art. 47, the presentation of a formal request for extradition and the acts provided for in art. 36 36 para. ((2) it is no longer necessary if so provided by the applicable international convention in relation to the requesting State or where the legislation of that State allows such a simplified extradition procedure and it has been applied to certain extradition requests made by Romania. + Article 49 Opposition to extradition of the extraditable person (1) If the extraditable person objects to the extradition request, he will be able to formulate his oral and written appearances; at the same time he will be able to propose evidence. (2) Following the hearing of the extraditable person, the case file shall be made available to its defender in order to be able to present, in writing and within 8 days, the reasoned opposition to the extradition request and to indicate the means of proof admitted by the law Romanian, the number of witnesses being limited to two. (3) The opposition can only be founded on the fact that the person arrested is not the person being followed or that the conditions for extradition are not met. (4) Once the opposition is presented or expired, the prosecutor may request a period of 8 days to respond to the opposition or to administer evidence, under the conditions provided in par. ((2). + Article 50 Sample administration The means of proof approved by the court will be administered within a maximum of 15 days, in the presence of the extraditable person, assisted by the defender and, if necessary, by the interpreter, as well as the prosecutor. + Article 51 Additional information (1) If the information communicated by the requesting state proves insufficient to allow the Romanian state to pronounce a decision in the application of this law, the competent court will request the compliance of the necessary information. For this purpose, it will fix a two-month deadline. (2) The transmission of the request for additional information, as well as the response shall be carried out on one of the ways provided in 36. + Article 52 Case Resolution (1) After examining the request for extradition, the evidentiary material and the conclusions presented by the extraditable party and the prosecutor, the appellate court may: a) to order, in the case of the contest of applications provided for in 39, 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; b) to order, in case of need to receive additional information from the requesting state according to art. 51, postponing the resolution of the extradition request for a period of 2 months, with the possibility of reiterating the request, and granting a last term of another 2 months; c) to find, by sentence, whether or not the conditions of extradition are met. (2) The appellate court is not competent to rule on the merits of the prosecution or conviction for which the foreign authority seeks extradition or the opportunity of extradition. ((3) If the appellate court finds that the conditions for extradition are fulfilled, it shall decide to grant the extradition request, while at the same time maintaining the status of provisional arrest for extradition, pending the surrender of the extradited person, under art. 57. (4) The decision ordering the extradition shall be motivated within 5 days from the date of delivery. (5) In the case of temporary extradition or under condition, the court will mention in the device of the sentence the conditions provided in those articles (6) In case of admission of the extradition request, if objects are remitted according to art. 17, mention will be made about them in the sentence, possibly annexing an inventory. (7) If the court finds that the conditions for extradition are not met, it rejects the request and orders the release of the extraditable person. The decision is motivated in 24 hours and is sent to the prosecutor general of the prosecutor's office of the court of appeal, which immediately remits the specialized department of the Ministry of Justice. (8) The decision on extradition can be appealed with appeal by the competent prosecutor general and the extraditable person, within 5 days of the ruling, at the Criminal Section of the High Court of Cassation and Justice. The competent attorney general may file an appeal ex officio or at the request of the Minister --------- Alin. ((8) of art. 52 52 has been amended by section 12 12 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (9) The appeal filed against the judgment by which the extradition request was rejected shall be suspended. The appeal filed against the judgment ordering the extradition is suspensive of execution, except for the provisions relating to the state of provisional arrest for extradition. --------- Alin. ((9) of art. 52 52 has been amended by section 12 12 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 53 Judgment of appeal and communication of the judgment (1) After the reasoning of the appeal of the court of appeal, the case file shall be submitted, immediately, to the Criminal Section of the High Court of Cassation and Justice. (2) The President of the Criminal Section of the High Court of Cassation and Justice, receiving the file, fixes the court term independently of the pending registration of other cases, as a matter of priority. (3) The judgment of the appeal is made within a period of no more than 10 days, by a panel of 3 judges. (4) In order to settle the appeal, the presiding officer may designate one of the judges or an assistant magistrate to make a written report. (5) The case file shall be returned to the court of appeal, no later than 3 days after the resolution of the appeal. (6) The final judgment on the extradition is communicated to the prosecutor general of the prosecutor's office of the court of appeal who tried the case in the first instance and the specialized department of the Ministry of Justice. --------- Article 53 has been amended by section 6.6. 13 13 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 54 Analogy Art. 52 52 para. ((8) and art. 53 shall apply accordingly and in cases where the court rules on the postponement of extradition, the admission under condition of extradition, the consent of the extension of the object of extradition and the reextradition to a third State. + Article 55 Extradition of extradition The extradition which, after being handed over to the requesting State, flees before the settlement of the case or the execution of the sentence for which the extradition was granted and which returns or is identified on the territory of Romania will again be arrested and surrendered, on the basis of a mandate issued by the competent judicial authority of the requesting State, unless it has violated the conditions under which extradition has been granted. + Section 3 The effects of extradition from Romania + Article 56 Surrender of extradition (1) It is considered the necessary legal basis and sufficient for the surrender of the extradite an extract of the final court decision, ordering the extradition. (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 General Inspectorate of the Romanian Police 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 General Inspectorate of the Romanian Police informs on the steps taken and the reasons for which the date the surrender could not be established during this period. + Article 57 Deadlines for rendition of extradition (1) The Ministry of Justice will make known as a matter of urgency to the competent authority of the requesting state the solution adopted on extradition, while communicating an extract from the final decision ((2) Any solution of total or partial rejection shall be reasoned. (3) In case of extradition, the requesting State shall be informed of the place and date of the surrender, as well as of the duration of the arrest for extradition, executed by the extraditable person. (4) The place of surrender will be a border point of Romania. The International Police Cooperation Center of the General Inspectorate of the Romanian Police 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. 56 56 para. ((3) being applicable. + Article 58 Deferred surrender (1) If the person extradited is under criminal investigation by the Romanian judicial authorities, his surrender shall be postponed until the final settlement of the case. In case of conviction with execution in detention of the sentence, the surrender shall be postponed until the release is released as a result of conditional release or until the execution of the term sentence. ((. Teaching may be deferred when: a) it is found, based on a forensic expertise, that the extradited person suffers from a serious illness that makes it impossible to surrender immediately. In this case, the handover is postponed until the health of the extradited person improves; b) the person extradited is pregnant or has a child of less than one year. In this case, the surrender shall be postponed until the end of the case which has determined the postponement, so that the surrender is possible; c) due to special circumstances, immediate surrender would have serious consequences for the person extradited or his family. In this case, the handover can be postponed no more than 3 months and only once. (3) In case of postponement of the surrender of the extradited person, the court issues a provisional arrest warrant for extradition. If the extradited person is, at the time of admission of the extradition request, under the power of a warrant for the preventive arrest or execution of the prison sentence issued by the Romanian judicial authorities, the provisional arrest warrant in the purpose of extradition shall enter into force on the date of termination of the grounds which justified the postponement (4) By exception to par. (1), at the express request of the requesting state, the extradited person may be temporarily handed over, for a duration agreed by the Romanian authorities and the requesting state. (5) When the application referred to in par. (4) is transmitted after the final stay of the teaching decision, the temporary surrender is approved by the president of the criminal section of the court of appeal who settled the request for extradition, by reasoned conclusion, given in the council chamber. At the request of the president of the criminal section of the appellate court, the judicial body on whose role the case or the executing court is concerned (6) The conditions for temporary surrender shall be established by the agreement between the competent Romanian and foreign authorities. For Romania, the competent authority is the Ministry of Justice, through the specialized direction. The takeover of the extradited person and its return are made by the competent authorities of the requesting state, on the territory of The costs of taking and returning the extradited person shall be borne by the requesting State (7) If the person extradited according to par. ((4) is in the execution of a custodial sentence or measures, the execution of the sentence or the measure shall be considered suspended from the date on which the person was taken over by the issuing State until the date of its return. -------- Article 58 has been amended by section 6.6. 10 10 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 59 Repealed. -------- Article 59 has been repealed by point (a) 11 11 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 60 Transit (1) The transit on the territory of Romania of an extradited who is not a Romanian citizen can be granted on condition that public order reasons do not oppose and be a crime that allows extradition, according to the Romanian law. (2) If the extradited person has Romanian citizenship, the transit is granted only in situations where the extradition of Romanian citizens can be approved. ((3) The transit is granted at the request of the interested state, formulated and transmitted on the path provided in art. 36 36 para. ((1), to which at least the mandate of preventive arrest or the warrant for the execution of the prison sentence that justified the granting of extradition is attached. (4) The decision on transit is taken by the Ministry of Justice. (5) The Ministry of Justice shall immediately inform the competent authority of the requesting State and the Ministry of Administration and the Interior. (6) In the case of air transit, when no landing is provided on the territory of the Romanian state, a notification sent by the competent authority of the requesting state to the Ministry of Justice of Romania is sufficient. In case of forced landing, this notification will produce the effects of the provisional arrest request for extradition, and the requesting State will immediately address a formal transit request. Provisions of paragraph ((3) shall apply accordingly. (7) Extradatul in transit remains in a state of provisional arrest during his stay on the Romanian territory. + Article 61 Re-extradition to a third country (1) Unless provided for in art. 74 74 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 36 36 para. ((2). (2) Provisions art. 52 52 and 53 shall apply accordingly. + Chapter II Active extradition + Section 1 Conditions for requesting extradition + Article 62 Obligation to request extradition The extradition of a person against whom the competent Romanian judicial authorities have issued a preventive arrest warrant or a warrant for the execution of the prison sentence or to which a safety measure has been applied will be requested to the foreign state on the territory of which it has been located in all cases where the conditions laid down by this law are met. + Article 63 Legal framework ((1) Section 1 provisions of the head. I of this Title shall apply accordingly if Romania has the status of an applicant State. (2) Apart from the condition regarding the gravity of the sentence provided in art. 26, an additional condition for Romania to be able to request the extradition of a person, in order to carry out the prosecution, is that against that person the criminal action will be set in motion, under the conditions provided in the Code of Procedure criminal. + Section 2 Procedure for requesting extradition + Article 64 Competence The competence to prepare and transmit the extradition requests on behalf of the Romanian state lies with the Ministry of Justice + Article 65 International tracking (1) The international prosecution is requested and ordered for the identification and search of a person for the purpose of localization and provisional arrest in order to extradite or surrender in Romania. For the purposes of this Article, international prosecution shall mean the following through the channels of the International Criminal Police Organisation-Interpol or the introduction into the Schengen Information System of an alert with regard to to a person wanted to be arrested for extradition. (2) The international prosecution is requested when the person mentioned, as the case may be, in the preventive arrest warrant, the warrant for the execution of the sentence of detention for life or imprisonment or in the decision by which the custodial measure was taken freedom was not found and there is a reasonable assumption that it left the territory of Romania. (3) The international prosecution shall be ordered by the International Police Cooperation Center of the General Inspectorate of the Romanian Police at the request of the court that issued the preventive arrest warrant or the execution court. In this regard, the court will transmit the information provided in art. 44 44 para. ((4) lit. a)-f), as well as any other data and additional information requested. (4) The International Police Cooperation Center within the General Inspectorate of the Romanian Police communicates as soon as possible to the requesting court the date of the international prosecution and the date of introduction of the alert in the Schengen Information. (5) The court that issued the preventive arrest warrant or the executing court regularly checks, but no later than 6 months after the date of the international prosecution, the validity of the preventive arrest warrant or the execution warrant of the the custodial sentence or the custodial measure ordered and, in so far as changes have occurred, the International Police Cooperation Center of the General Inspectorate of the Romanian Police and the Directorate of specialty of the Ministry of Justice. ((6) In the case of localization of the person pursued in the territory of another State, when, according to the law of that State or the applicable treaty, the red note or the diffusion does not amount to a request for provisional arrest for extradition, such as and when the National Bureau of Interpol correspondent requests expressly, the Ministry of Justice, through the specialized direction, prepares and transmits the request for provisional arrest for extradition. -------- Article 65 has been amended by section 6.6. 12 12 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 66 Active extradition procedure (1) As soon as it is informed, by any means that leave a written mark and whose authenticity can be verified, by the International Police Cooperation Center of the General Inspectorate of the Romanian Police, by the structure specialized, or by the Ministry of Justice, about the location on the territory of a foreign state of a person given in international pursuit or sought by the Romanian judicial authorities for carrying out a warrant for the execution of the sentence the prison or a warrant for pre-trial detention, the court of execution or the court which has issued the preventive arrest warrant shall determine, by a reasoned conclusion, whether the conditions laid down in this law are met in order to seek extradition. (2) The International Police Cooperation Center, through specialized structure, has the obligation to inform the executing court or the issuing court of the preventive arrest warrant as soon as the Central National Interpol Office correspondent notify that the person covered by the mandate has been located. The information will be transmitted directly, with a copy to the Ministry of Justice (3) The judgment is made urgently and in particular, in the council chamber, by a completely made up of a single judge, with the participation of the prosecutor and without the summoning of the parties. The judge rules by reasoned conclusion, given in the council chamber. (4) For the record of the activity of the courts, a separate sentence will be held 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 the sentence; the number and date of the address of the International Police Cooperation Center of the General Inspectorate of the Romanian Police or the Ministry of Justice; the number of the court file; the number and the 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. (5) The conclusion provided in par. (3) may be appealed by the prosecutor, within 24 hours of the ruling. The case file is submitted to the superior hierarchical court, within 24 hours. The appeal shall be adjudicated no later than 3 days by the higher court. The superior hierarchical court will return the file to the first court, within 24 hours of the resolution of the appeal. --------- Alin. ((5) of art. 66 66 has been amended by section 14 14 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (6) The final conclusion by which the conditions for the request of extradition are met, accompanied by the acts provided for in art. 36 36 para. (2), shall be communicated immediately to the Ministry of Justice The final conclusion by which it was found that the conditions for requesting extradition are not met shall be communicated to the Ministry of Justice no later than 3 days after the ruling. (7) 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. 38 38 shall apply accordingly. (8) Depending on the conclusions of the international regularity examination, the specialized direction of the Ministry of Justice shall either draw up the request for extradition and transmit it, accompanied by the Annexes, to the competent authority of the requested State, or draw up an act proposing to the Minister of Justice, reasoned, to refer the matter to the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, in order to initiate the procedure for reviewing the final conclusion by which he was ordered request for extradition, informing in both situations the Centre for Police Cooperation International from the General Inspectorate of the Romanian Police. If it finds that the documents are incomplete, before drawing up and submitting the extradition request, the specialized direction of the Ministry of Justice may request the competent court to transmit, within 72 hours, the acts additional required under the applicable international treaty. (9) 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. (10) 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 resolved no later than one month after the date of registration of the case. (11) The court, if it finds that the request for review is based, annuls the contested conclusion. If the court finds that the request for review is unfounded, it rejects it, maintaining the conclusion under appeal. The judgment of the review court is final and is communicated within 24 hours of the ruling to the Minister of Justice and the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice. (12) The request for extradition and the documents attached to it, accompanied by the acts provided for in art. 36 36 para. ((2) and of translations certified in the language of the requested state or in English or French, shall be transmitted to the competent authority of the requested state, on one of the ways provided in art. 36 36 para. ((1). (13) 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 criminal procedure from Romania. (14) If the person pursued is not provisionally arrested for extradition, the procedure provided for in this article shall be confidential, until such time as the requested State is invested with the request for extradition. + Article 66 ^ 1 Simplified extradition When the person being prosecuted internationally on the channels of the International Criminal Police Organization-Interpol or with regard to which an alert has been entered in the Schengen Information System agrees to be extradited to Romania, the submission of a formal extradition request is no longer necessary if the central authority of the requested State informs, and the international convention applicable in relation to the requested State or the legislation of that State governs a such procedure. -------- Art. 66 ^ 1 was introduced by item 13 13 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 67 Withdrawal of extradition request (1) If the extraditable person is no longer under the power of the preventive arrest warrant or the execution warrant, the competent court, ex officio or at the request of the prosecutor, shall determine, by reasoned conclusion, that it no longer subsists the conditions laid down by law to seek extradition and immediately dispose of the withdrawal of the extradition request. The ruling is sent to the Ministry of Justice within 24 hours of the ruling. The Ministry of Justice does not delay the extradition request, informing about this International Police Cooperation Center within the General Inspectorate of the Romanian Police. (2) Provisions art. 66 66 shall apply accordingly. + Article 68 Submission of additional information at the request of (1) If, in order to resolve the extradition request, the authorities of the foreign state request the transmission of additional information, they will be communicated, within the deadline set by the requested state authorities, by the Ministry Justice, through the specialized direction -------- Alin. ((1) of art. 68 68 has been amended by section 14 14 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. ((2) The translation of the documents shall be carried out by the Ministry of Justice or the competent court + 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, through the specialized direction, at the request of the requested state Art. 95 95 para. ((3) shall apply accordingly. -------- Article 69 has been amended by section 6.6. 15 15 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 70 Request for reextradition to Romania Art. 61 are properly applicable if Romania requests a foreign state to reextradite a person whose extradition had previously been granted to him by a third country. + Section 3 The effects of extradition to Romania + Article 71 Extradition of extradition The provisions on surrender-taking over the extradited person provided for in art. 56 and 57 shall apply accordingly to persons extradited from abroad to Romania. + Article 72 Receiving the extradition (1) The extradited person, brought to Romania, will be, as a matter of urgency, handed over to the prison administration or the competent judicial authority, as the case (2) If the extradition was convicted in absentia, he shall be retried, upon request, in compliance with the rights provided for in art. 32 32 para. ((1). + Article 73 Solution Communication The Ministry of Justice informs the competent Romanian judicial authority about how to resolve the extradition request by the requested state and, as the case may be, the duration of the provisional arrest for extradition, to be computed according to provisions of Article 15. + Article 74 Specialty rule (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. 36 36 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. (3) When the qualification given to the incriminated deed will be modified during the proceedings, the person extradited shall not be pursued or judged unless the constituent elements of the retrained offence would allow the extradition. (4) In the case provided in par. ((1) lit. a) the request addressed to the foreign state is made by the Ministry of Justice, on the basis of the conclusion of the competent court to settle the case in the first instance, on the reasoned proposal of the Public Ministry or on the basis of is the case, if the extradition was granted after the extradition of the extradited person, as the case may be. + Article 75 Effects of extradition under condition (1) If the extradition was granted under condition, the court that requested the extradition takes the necessary measures to comply with the condition imposed by the requested state and gives guarantees in this regard. ((. Where the condition imposed is the redeployment of the person extradited to the territory of the requesting State, the court shall arrange for it to be accompanied by the competent authorities of the requesting State. + Chapter III Common provisions + Article 76 Expenditure (1) The expenses regarding the extradition procedure carried out on the territory of Romania shall be borne by the Romanian state, through the budgets of the authorities and institutions involved, depending on the powers conferred on each of them by this law. Art. 16 16 para. ((4) shall apply accordingly. (. The transit expenditure shall be borne by the requesting State. + Article 77 Extradition fraud The surrender of a person by expulsion, readmission, remanagement at the border or other measure of the same kind is prohibited whenever he hides the will to circumvent the rules of extradition. + Chapter IV Provisions for the implementation of legal instruments for extradition adopted at European Union level + Article 78 Scope of application ((1) The provisions of this Chapter seek to implement the provisions of the Convention on the simplification of the extradition procedure between the Member States of the European Union, adopted on 10 March 1995, and of the Convention on Extradition Member States of the European Union, adopted on 27 September 1996, and the provisions on extradition of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks on common borders, Schengen, in relation to those Member States of the European Union which have Statements for the purposes of the non-application of the Council Framework Decision of 13 June 2002 on the European Arrest Warrant and the surrender procedures between the Member States of the European Union for acts committed before a certain date. (2) Head provisions. I and II of this Title shall apply accordingly, without prejudice to the obligations resulting from accession to the Convention on the simplification of the extradition procedure between the Member States of the European Union, adopted on 10 March 1995, and the Convention on Extradition between the Member States of the European Union, adopted on 27 September 1996. + Article 79 Political offences In the application of the Convention on Extradition between the Member States of the European Union, adopted on 27 September 1996, no offence can be considered as a political offence. + Article 80 Prescription, amnesty and other causes that remove criminal liability or the consequences of conviction (1) With regard to the prescription of criminal liability and the execution of the sentence, only the provisions of the legislation of the requesting state are applicable. (2) The amnesty granted by Romania does not prevent extradition, unless the act provided by the criminal law is the jurisdiction of the Romanian courts. (3) The absence of a prior complaint or of another condition necessary for the setting in motion of the criminal action, according to the Romanian law, is without prejudice to the obligation of extradition. + Article 81 Extradition on excise duties, value added tax and customs duties The Romanian state grants the extradition for facts provided by the criminal law in the matter of excise duties, the value added tax and the customs matter, under the conditions provided by law. + Article 82 Reporting in the Schengen Information System on a person wanted to be arrested The alert entered in the Schengen Information System of a person sought to be arrested amounts to a European arrest warrant in all cases where it applies. Framework Decision 2002 /584/JHA of the Council 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 L series no. 190 190 of 18 July 2002. Where the Framework Decision does not apply, an alert entered in the Schengen Information System shall produce the same legal effects as a request for provisional arrest for extradition. -------- Article 82 has been amended by section 2. 16 16 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 83 Simplified extradition The simplified extradition applies in relation to the Member States of the European Union, without checking the special conditions provided for in art. 48, whenever the conditions laid down in art. 47. + Title III Provisions on cooperation with the Member States of the European Union in application Framework Decision no. 2002 2002 /584/JHA of the Council of the European Union of 13 June 2002 on the European arrest warrant and the surrender procedures between the Member States *) Note
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* *) art. IV of EMERGENCY ORDINANCE no. 18 18 of 18 May 2016 , published in MONITORUL OFFICIAL no. 389 of 23 May 2016, in application of art. 209 209 para. ((17), art. 218 218 para. ((4) and art. 228 228 para. ((2) of the Code of Criminal Procedure, as well as Title III " Provisions concerning cooperation with the Member States of the European Union in the application of Framework Decision 2002 /584/JHA of the Council of the European Union of 13 June 2002 on the European arrest warrant and the surrender procedures between the Member States ' of Law no. 302/2004 on international judicial cooperation in criminal matters, republished, with subsequent amendments and completions, judicial bodies present to the suspect, defendant or convicted person a written information on his rights on the criminal proceedings or the procedure for the execution of the European arrest warrant. The information will be made in Romanian, in the mother tongue or in a language that he understands, as the case may be.
The model in Romanian of the form that will include the information provided in par. (1) will be established by joint order of the Minister of Justice, the Minister of Internal Affairs, the President of the High Court of Cassation and Justice and the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice.
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+ Chapter I General provisions + Article 84 Definition of the European arrest warrant (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. (. The European arrest warrant shall be executed on the basis of the principle of mutual recognition and trust in accordance with the provisions of Council Framework Decision no. 2002 2002 /584/JHA of 13 June 2002, published in the Official Journal of the European Communities no. L 190/1 of 18 July 2002. + Article 85 Competent Romanian authorities (1) In Romania are designated as judicial authorities issuing the courts. (2) The Romanian judicial enforcement authorities are the courts of appeal. (3) 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 is transmitted to the Prosecutor's Office of the Bucharest Court of Appeal. (4) 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) meets any other attribution established by law designed to assist and support the Romanian judicial authorities in the issuance and execution of European arrest warrants. + Article 86 Content and form of the European arrest warrant (1) The European Arrest Warrant shall contain the following information: a) identity and citizenship of the requested person b) the name, address, telephone and fax numbers, as well as the e-mail address of the issuing judicial authority; c) indication of the existence of a final court decision, a preventive arrest warrant or any other enforcement decision having the same effect, which falls within the provisions of art. 88 88 and 96 of the present law; d) the nature and legal classification of the crime, taking into account especially the provisions of art. 96 96; e) a description of the circumstances in which the offence was committed, including the time, place, degree of involvement of the requested person; f) the sentence handed down, if the decision remained final, or the punishment provided by the law of the issuing state for the crime committed; g) if possible, other consequences of the crime. (. The European arrest warrant shall be drawn up in accordance with the form set out in Annex no. 1. (. The European arrest warrant transmitted to the competent authority of another Member State must be translated into the official language or official languages of the executing State or in one or more other official languages of the institutions of the European Union, which this State accepts, according to the declaration submitted to the General Secretariat of the Council of the European Union (4) The European arrest warrant submitted for execution to the Romanian authorities must be translated into Romanian or one of the English and French languages. + Article 87 Expenditure The expenses occasioned on the territory of the Romanian state by the execution of a European arrest warrant The other expenditure remains the responsibility of the issuing State. + Chapter II Issuance by the Romanian authorities of a European Arrest Warrant + Article 88 Procedure for issuing the European Arrest Warrant (1) The authority referred to in paragraph (3) issue a European arrest warrant when, in relation to the nature of the offence committed, the age and criminal history of the requested person, as well as other circumstances of the case, consider that it is appropriate to issue a European arrest and the following conditions are met: a) the requested person is in the territory of another Member State of the European Union; b) the preventive arrest warrant or the warrant for the execution of life or prison detention is valid; c) did not intervene, according to the Romanian law, the prescription of criminal liability or execution of punishment or amnesty or pardon; d) when the arrest and surrender are requested: (i) in order to exercise the prosecution or the judgment, the punishment provided by the Romanian law for the crime committed is the detention for life or imprisonment of 2 years or more; (ii) in order to execute the sentence, the sentence imposed or the remainder of the sentence remaining to be served shall be the detention for life or imprisonment of one year or more; ((iii) in order to execute the custodial measure, the duration of the measure shall be 6 months or more. -------- Alin. ((1) of art. 88 88 has been amended by section 17 17 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (2) When the measure of preventive arrest is taken as a result of the replacement by the competent Romanian judicial body of a measure or obligation the observance of which was previously supervised by the executing State, the European arrest warrant shall be may issue even if the condition referred to in paragraph is not met. ((1) lit. d). Condition provided in par. ((1) lit. d) apply whenever the executing State notifies the application, in this case, of the provisions of art. 2 2 para. ((1) of Council Framework Decision 2002 /584/JHA of the Council, as transposed into the national law of that State. -------- Alin. ((2) of art. 88 88 has been amended by section 17 17 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (. The European arrest warrant shall be issued: a) in the prosecution phase, by the judge of rights and freedoms designated by the president of the court to whom the jurisdiction would return to judge the case in substance, ex officio or to the referral of the prosecutor who performs or oversees the pursuit criminal of the requested person; b) in the trial stage, by the judge appointed by the president of the first court, ex officio or at the referral of the prosecutor or of the body to which the mandate of preventive arrest or the decision by which the measure was taken custodial; c) in the execution stage, by the judge appointed by the president of the enforcement court, ex officio or at the referral of the prosecutor or of the body to which the warrant for the execution of the sentence of life or prison or the decision by which the custodial measure was taken. --------- Alin. ((3) of art. 88 88 has been amended by section 15 15 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (. The competent judge shall verify that the conditions laid down in paragraph (1) and proceed, as the case may be: a) issue the European Arrest Warrant and supervise the taking of measures for its transmission, according to 86 86 para. ((3), art. 89 89 and 90; b) ascertains, by reasoned conclusion, that the conditions provided in par. (1) to issue a European Arrest Warrant. The conclusion can be appealed with appeal by the prosecutor, within 3 days of communication. The appeal is judged by the superior court, within 3 days from the registration of the case, in the council chamber, without citing the parties, with the participation of the prosecutor. In case of admission of the appeal, the judge of rights and freedoms initially notified is obliged to issue a European arrest warrant. --------- Alin. ((4) of art. 88 88 has been amended by section 15 15 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (5) In the case provided in par. ((4) lit. a), the issuing court informs the prosecutor who carries out or supervises the prosecution or the court on whose role the case for resolution about the issuance of the European arrest warrant is, and in the cases provided in par. ((4) lit. b) communicate the conclusion of the competent -------- Alin. ((5) of art. 88 88 has been amended by section 17 17 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (6) The issuing court may request, ex officio or at the request of the competent prosecutor, the preservation and remission of the goods that may serve as material means of proof in the criminal proceedings or which were acquired by the person requested by crime. The issuing court will make mention in this regard to lit. g) of the form set out in Annex no 1. -------- Alin. ((6) of art. 88 88 has been amended by section 17 17 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (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. + Article 89 Transmission for execution and translation of the European arrest warrant ((1) If the issuing court does not have any information in this regard, the identification of the competent foreign authority to receive or execute the European arrest warrant shall be carried out using the national contact points at the Network European judicial or the Ministry of Justice through the specialized direction. (2) When informed of the location or arrest on the territory of another Member State of the requested person, the European arrest warrant, in Romanian and foreign languages, shall be transmitted by the issuing court, by fax, e-mail or by any means of safe communication, which leaves a written mark, to the competent foreign authority, within the deadline indicated by it, with the information of the International Police Cooperation Center of the General Inspectorate of the Romanian Police. (. The original of the European arrest warrant shall be transmitted by the issuing court at the request of the foreign authority. (4) Any difficulty connected with the transmission or authenticity of the European arrest warrant or any document necessary for its execution shall be resolved directly or through the specialized directorate of the Ministry of Justice. Justice. ((5) The transmission for execution of the European arrest warrant for the competent foreign authority to receive it or to execute it shall interrupt the prescription. (6) When the foreign authority competent to receive or execute the European arrest warrant establishes that the European arrest warrant does not meet the conditions of its form or is imprecise, the issuing court shall take measures to carry out necessary modifications or additions. ((7) The translation of the European arrest warrant shall be carried out, as a matter of urgency, at the request of the issuing court, by an authorized translator. If the appellate court lists the issuing court, there is no authorised translator for the language in which the European arrest warrant must be translated or, although it exists, he refuses to provide the service requested, the issuing court will ask the specialized department of the Ministry of Justice to take the measures in order to translate it. (8) In the case of direct transmission, the issuing court shall inform the specialized department of the Ministry of Justice on the last working day of each calendar month regarding the European arrest warrants submitted for execution during the period of reference and stage of their execution. -------- Article 89 has been amended by section 6.6. 18 18 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 90 Additional information and guarantees (. On the date or subsequent transmission for execution of the European arrest warrant, the issuing court shall communicate, ex officio or at the request of the foreign authority, the additional information necessary for the execution of the The transmission and translation of additional information shall be made according to 89. (2) If the European arrest warrant has been issued for the purpose of prosecution or judgment, and the requested person is a citizen or resident of the executing State, the Ministry of Justice, through the specialized direction, grants the guarantee that, in case of conviction, once handed over, that person may be transferred under the conditions of this law. -------- Article 90 has been amended by section 6.6. 19 19 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 91 Temporary transfer or hearing of the requested person during the teaching procedure on the basis of the European arrest warrant ((1) In the case of a European arrest warrant issued for prosecution or judgment, transmitted for execution to an authority in another Member State, against which no decision has been taken or, although it has been taken, it is not final, the issuing court may request, at the request of the prosecutor carrying out or supervising the prosecution or the court, as the person to whom that European arrest warrant has been issued: a) to be temporarily transferred to Romania for a period agreed with the foreign authority. The issuing court will make mention in this regard to lit. f) of the form set out in Annex no 1, unless the foreign authority competent to receive or execute the European Arrest Warrant has indicated that the temporary transfer must be requested on the path of a separate application; or b) to be heard directly by the prosecutor who performs or supervises the prosecution or the court, by videoconference. The request for the hearing by videoconference of the requested person shall be drawn up according to art. 172 and 178 the prosecutor who carries out or supervises the prosecution or the competent court and is transmitted with the European arrest warrant or after that date; or c) be heard in the presence or, insofar as the legislation of the foreign state allows it, by the prosecutor who conducts or supervises the prosecution or the judge appointed by the competent court. The request for the hearing of the requested person shall be drawn up according to art. 172 the prosecutor who carries out or supervises the prosecution or the competent court and is transmitted with the European arrest warrant or after that date. (2) The temporary transfer to Romania of the person against whom the European arrest warrant was issued is requested only in case of emergency, when the presence in person of it is mandatory, according to the law, or when, depending on the circumstances the case, the prosecutor who carries out or oversees the prosecution or the court considers it necessary to present it The temporary transfer must be without prejudice to the right of the person requested to participate in the trial of the application for surrender on the basis of the European arrest warrant issued by the Romanian court (3) The requested person, temporarily transferred, will be held in detention until his return to the executing state. The reception in detention and preventive arrest centers that are organized and operated under the Ministry of Internal Affairs will be based on the mandate of preventive arrest or the mandate of execution of the sentence of life detention or of the prison or of the judgment underlying the European Arrest Warrant. The duration of the arrest is extended or maintained under the law. ((4) Bringing into the country and returning the requested person to whom the executing judicial authority ordered the temporary transfer is carried out by the International Police Cooperation Center of the General Inspectorate of Police Roman. -------- Article 91 has been amended by section 6.6. 20 20 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 92 European Arrest Warrant issued on the basis of a conviction ruling given in the absence of the defendant (1) When the convicted person has not been present at the judgment, the issuing court shall verify the works of the file, to ascertain whether: a) the convicted person was informed in a timely manner, by written citation handed down personally or by telephone notification, fax, e-mail or by any other such means, regarding the day, month, year and place of appearance and the fact that he may be rendered a judgment if it does not appear at trial; or b) having knowledge of the day, the month, the year and the place of appearance, the convicted person mandated his chosen or appointed public defender to represent her, and the legal representation and defense before the court were made in a manner effective by that lawyer; or c) after being personally handed the sentencing judgment and it was brought to his attention that, according to the law, the case can be retried or that the judgment is subject to an appeal and that it can be verified including on the basis of new evidence, and in the possibility of admission of the appeal, can be abolished, the convicted person either expressly waived the retrial of the case or the exercise of the appeal, or did not request the retrial or did not declare, within the period provided by law, that The remedy. (2) When it follows from the proceedings of the case that the convicted person has not been personally handed the judgment of conviction, the issuing court shall inform the executing judicial authority that: a) within 10 days from the receipt, as the case may be, in the preventive detention and arrest centers that are organized and operated under the Ministry of Internal Affairs or in the penitentiary of the person handed over, the sentencing decision will be communicated personally to her, under the terms of the Criminal Procedure Code; b) at the time of delivery of the sentencing decision, the person handed over will be informed that he is entitled, as the case may be: ((i) in the exercise of an appeal, according to the Code of Criminal Procedure; or (ii) the retrial of the case, according to the Code of Criminal Procedure. (3) At the same time, when it follows from the proceedings of the case that the convicted person did not receive in advance any official information on criminal proceedings against him, after the transmission of the European arrest warrant, the issuing court will communicate, at the request of the executing judicial authority, a copy of the sentence of conviction translated, if any, in the language that the convicted person understands, in order to be brought to his knowledge. The transmission of the sentencing decision will not be considered a communication in the meaning of para. ((2), nor shall it take effect as to the time limit in which it may be appealed, making itself exclusively for information. (4) Findings made according to par. (1) and (2) will be passed to lit. d) of the form provided in art. 86 86 para. ((2). When there are incidents the provisions provided in par. ((1) lit. b), if the content of the mandate entrusted to the lawyer elected or appointed ex officio does not result from the proceedings of the case, the court may request the lawyer who assured the defense of the convicted person a statement on its client, without it being deemed to be without prejudice to professional secrecy or to the principle of confidentiality. The declaration will be used exclusively for the purpose of this article and not intended for advertising. -------- Article 92 has been amended by section 4.2. 21 21 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 93 Temporary surrender (1) If the executing judicial authority, after having approved the surrender of the requested person, orders the postponement of the surrender, the issuing court, ex officio, at the request of the competent prosecutor or the court on whose role the case for settlement is located, may requests that the person be temporarily handed over to hear or participate in the prosecution or trial. Temporary surrender shall be carried out under the conditions laid down in agreement by the issuing court and the competent foreign authority. ((2) Bringing into the country and returning the requested person to whom the executing judicial authority ordered the temporary surrender is carried out by the International Police Cooperation Center of the General Inspectorate of Police Roman. (3) Receiving in detention and preventive arrest centers that are organized and operated under the Ministry of Internal Affairs is based on the mandate of preventive arrest or the mandate of execution of the prison sentence that stands at the European Arrest Warrant. The duration of the arrest is extended or maintained under the law. (4) The temporarily rendered person will remain in detention until his return, unless the executing State authorities request release and, in this case, only if the person is no longer under the power of the arrest warrant. preventive or the mandate of execution of the sentence. The release of the person deprived of liberty is also carried out when, on the expiry of a period of no more than 18 days from the date of revocation or replacement of the measure of preventive arrest or from the date of delivery of the conclusion by which the found that the preventive arrest measure was terminated as a measure, the person handed over was not taken over by the enforcement authorities. Until the expiry of the 18-day period, the person handed over will remain in detention, at the disposal of the executing state authorities. -------- Article 93 has been amended by section 6.6. 22 22 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 94 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. 65 65 para. (4), 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. + Article 95 Bringing the person in the country (1) The International Police Cooperation Center of the General Inspectorate of the Romanian Police: a) establish with the competent foreign authorities the deadline for taking over the person handed over and ensure that it is brought into the country, under escort, In case of temporary transfer or temporary surrender, the date of the takeover shall be determined by the opinion of the issuing court, depending on the agreement concluded by the issuing court with the foreign executing authority; b) inform, on the date of the takeover and the place where the handed person was filed, the issuing court, the specialized direction within the Ministry of Justice, as well as the court of execution or the court on whose role the case is, if the latter are other than the issuing court or the prosecutor who conducts or supervises the prosecution. (2) When, in order to bring to the country the person handed over, the air route or the land route with the transit of a third state, the specialized direction of the Ministry of Justice, at the request of the authority provided in par. ((1), shall draw up the request for transit and shall ensure, where appropriate, the translation of the European arrest warrant and of the additional information. (3) If the person handed over has been convicted in absentia, the executing court shall communicate the sentencing decision within 10 days of its receipt, as the case may be, in the preventive detention and arrest centre which is organized and operates under the Ministry of Internal Affairs or in the penitentiary. At the same time, the executing court informs the person handed over according to 92 92 para. ((2) lit. b). (4) As soon as it is informed that the person handed over has been brought into the country, the issuing court shall directly ask the executing State for information on the duration of the arrest carried out by the person handed down on the basis of the European arrest warrant communicate, as the case may be, to the court of execution, to the court on whose role the case lies, whether they are other than the issuing court, or the prosecutor who conducts or oversees the prosecution, unless they were communicated at the time of takeover. -------- Article 95 has been amended by section 6.6. 23 23 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Chapter III Execution by the Romanian authorities of a European arrest warrant + Article 96 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 Union 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. + Article 97 Special conditions (1) The execution of a European arrest warrant by the Romanian judicial authorities may be subject to the following conditions: a) if the European Arrest Warrant was issued for the purpose of executing a sentence or a custodial safety measure applied by a judgment given in absentia, if the person concerned was not 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 issuing Member State, in its presence; b) if the offence under which the European Arrest Warrant has been issued is sanctioned with the punishment of life imprisonment or a custodial safety measure for life, the legal provisions of the issuing Member State must be provide for the possibility of revising the sentence or the applied safety measure or conditional release, after the execution of 20 years of the sentence or the measure of safety applied, or the application of leniency measures. ((. Without prejudice to the provisions of paragraph 1. (1), the surrender, on the basis of a European arrest warrant issued for prosecution or trial, of a Romanian citizen or of a person living in Romania and has a continuous and legal residence on the territory of Romania for a period of at least 5 years is provided that, if a custodial sentence is handed down, the person handed over to be transferred to Romania. -------- Alin. ((2) of art. 97 97 has been amended by section 24 24 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 98 Grounds for refusal of enforcement (. The Romanian executing judicial authority shall refuse the execution of the European arrest warrant in the following cases: a) where, from the information at its disposal, it appears that the person pursued has been definitively judged for the same facts by a Member State other than the issuing State, provided that, in the case of conviction, the sanction has been executed or is in that time in the course of execution or execution should be prescribed, the punishment may have been pardoned or the crime was amnesty or another cause prevented execution, according to the law of the state of conviction; b) when the crime on which the European arrest warrant is based is covered by amnesty in Romania, if the Romanian authorities have, according to the Romanian law, the competence to pursue that crime; c) when the person who is subject to the European arrest warrant does not face criminal charges, due to his age, for the facts on which the arrest warrant is based in accordance with the Romanian law (2) The Romanian executing judicial authority may refuse the execution of the European arrest warrant in the following cases: a) in the situation provided in art. 96 96 para. (2) of this law; exceptionally, in matters of taxes, customs and foreign exchange, the execution of the European mandate will not be refused for the reason that Romanian legislation does not impose the same type of taxes or taxes or not contains the same type of tax, customs and foreign exchange regulations as the law of the issuing Member State; b) when the person subject to the European arrest warrant is subject to a criminal procedure in Romania for the same act that motivated the European arrest warrant; c) when the European arrest warrant was issued for the purpose of execution of a prison sentence or a custodial safety measure, if the requested person is a Romanian citizen or lives in Romania and has a continuous residence and legal on the territory of Romania for a period of at least 5 years and it declares that it refuses to execute the punishment or safety measure in the issuing Member State; -------- Lit. c) a par. ((2) of art. 98 98 has been amended by section 4.2 25 25 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. d) where the person subject to the European mandate has been definitively judged for the same acts in another third country which is not a member of the European Union, provided that, in the event of a conviction, the sanction has been executed or is that moment in execution or execution to be prescribed, or the crime to have been amnesty or punishment to have been pardoned according to the law of the state of conviction; e) when the European arrest warrant refers to crimes that, according to the Romanian law, are committed on the territory of Romania; f) when the European mandate includes crimes that were committed outside the territory of the issuing state and the Romanian law does not allow the pursuit of these facts when they were committed outside the Romanian territory; g) when, according to the Romanian legislation, the liability for the crime on which the European arrest warrant is based or the execution of the sentence imposed were prescribed, if the facts were within the competence of the Romanian authorities; h) when a Romanian judicial authority has decided either to waive the prosecution or to classify for the crime on which the European arrest warrant is based or has pronounced, to the requested person, a final decision, on the same facts, which prevent future proceedings; --------- Lit. h) a par. ((2) of art. 98 98 has been amended by section 4.2 16 16 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. i) where the convicted person has not been present in court, unless the issuing judicial authority informs that, in accordance with the legislation of the issuing State: (i) the person was in good time, in a timely manner, by written citation personally handed or by telephone notification, fax, e-mail or by any other such means, with regard to the day, month, year and place of appearance and to the fact that it may be rendered a judgment if it does not appear at trial; or (ii) the person, having knowledge of the day, month, year and place of appearance, mandated his chosen or appointed public defender to represent her, and the legal representation before the court was effectively carried out by the court. that lawyer; or (iii) after being personally handed the sentencing judgment and it was brought to his attention that, according to the law, the case can be retried or that the judgment is subject to an appeal and that it can be verified including on the basis of new evidence, and, in the possibility of admission of the appeal, can be abolished, the convicted person either expressly waived the retrial of the case or the exercise of the appeal, or did not request the retrial or did not declare, within the period provided by law, that remedy; or (iv) the convicted person was not personally handed the sentencing judgment, but, immediately after his surrender, he will be personally handed that ruling and it will be brought to his attention that the sentencing judgment is subject, within a time limit. determined, to a remedy, during which the competent court will be able to verify the judgment under appeal including on the basis of new evidence, and, following the resolution of the appeal, to the judgment of which it may participate personally, the judgment of conviction may be Abolished. -------- Lit. i) a par. ((2) of art. 98 98 was introduced by section 4.2. 26 26 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (3) If, in the case, it is an incident exclusively the case provided in par. ((2) lit. c), prior to the decision referred to in art. 107, 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. 107. (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. 103 103 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. + Article 99 Prior procedures (1) Within 48 hours of receipt of a European arrest warrant, the prosecutor shall verify that the European arrest warrant is accompanied by a translation into Romanian or in one of the English or French languages. If the mandate is not translated into any of the above languages, the prosecutor's office shall request the issuing judicial authority to remit the translation. If the European arrest warrant is translated into English or French, the competent prosecutor shall have the translation, as a matter of urgency, of it. -------- Alin. ((1) of art. 99 99 has been amended by section 27 27 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. ((2) The prosecutor shall verify that the European arrest warrant includes the information provided in art. 86 86 para. ((1). If the European arrest warrant does not contain this information or is imprecise, as well as when the provisions of art. 98 98 para. ((2) lit. i) section (iv), the prosecutor shall request the issuing authority, within no more than 10 days, of the necessary information or, in copy, of the conviction decision given in absentia, translated into the language that the convicted person understands, as the case may be. The non-transmission by the issuing judicial authority of the conviction decision given in absentia has no effect on the detention of the requested person and the court's complaint according to art. 101 101 and 102. -------- Alin. ((2) of art. 99 99 has been amended by section 27 27 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (3) If the European arrest warrant contains the information provided for in art. 86 86 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. 521-526 of the Code of Criminal Procedure shall apply accordingly. --------- Alin. ((3) of art. 99 99 has been amended by section 17 17 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (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. 312, 313 and art. 367 of the Code of Criminal Procedure shall apply accordingly. --------- Alin. ((6) of art. 99 99 has been amended by section 17 17 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (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. + Article 100 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. When the provisions of art. 98 98 para. ((2) lit. i) section (iv) and was transmitted by the issuing authority, the prosecutor orders the communication of the conviction of the requested person. The requested person will be informed of the effects he has, according to the law of the issuing state, the transmission of the sentencing decision. -------- Alin. ((2) of art. 100 100 has been amended by section 28 28 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (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. 102. (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 101 Detention and arrest on the basis of the alert entered in the Schengen Information System ((1) In case of obtaining a positive result in respect of a person for whom another Member State has entered an alert for arrest, the International Police Cooperation Center of the General Inspectorate of the Romanian Police requests the issuing Member State to confirm, as a matter of urgency, the validity of the decision on the basis of which that alert was entered. (2) The signing in order to arrest shall be transmitted to the prosecutor's office of the court of appeal in whose territorial area the person was located. Art. 99, 100 and 104 shall apply accordingly, if not contrary to this Article. ((3) The signing for arrest amounts to a European arrest warrant. (4) The prosecutor of the prosecutor's office of the appellate court in whose constituency the requested person has been caught notifies the competent court of appeal, in order to appreciate the taking of the measure of provisional arrest for surrender. (5) The judge notified according to para. ((4): a) admits, by reasoned conclusion, the prosecutor's proposal and orders the provisional arrest for teaching, for a duration of no more than 15 days; or b) reject, by reasoned conclusion, the prosecutor's proposal and, if necessary, order the release of the detained person. In order to ensure the proper conduct of the procedure for the execution of the European arrest warrant or to prevent the person requested from the procedure for the execution of the European arrest warrant, the court shall order, by conclusion motivated, application, for a period of no more than 30 days, of one of the non-custodial preventive measures provided by the Code of Criminal Procedure. (6) The judge shall immediately communicate to the International Police Cooperation Center within the General Inspectorate of the Romanian Police and the specialized department of the Ministry of Justice the decision taken according to par. ((5). (7) In order to continue the procedure according to 103, the judge postpones the trial of the case and fixes a period of 15 days for the prosecutor's presentation of the European arrest warrant, accompanied by the translation into Romanian and, if applicable, of the conviction decision given in absentia. If, on the expiry of the 15-day period, the prosecutor did not present the European arrest warrant, the judge orders the revocation, as the case may be, of the measure of provisional arrest in order to surrender and immediately release the requested person or the measure ordered according to paragraph ((5) lit. b). (8) The European arrest warrant shall be transmitted by the issuing Member State no later than 10 days from the date of delivery of the conclusion referred to in paragraph 1. ((5). ((. The provisions of this Article shall not apply where the alert for arrest is accompanied by a European arrest warrant. In this case, the provisions of art. 99. (10) In the case of alerts on persons sought to be arrested for extradition, the provisions of art. 45. -------- Article 101 has been amended by section 1. 29 29 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 102 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 requested person; the date of the appeal, solutions has been declared the remedy; the date of submission of the appeal to the court of judicial review; the superior hierarchical court solution, as well as the extensions of the arrest; the date of communication of the judgment on the surrender of the Ministry of Justice and International Police Cooperation Center of the General Inspectorate of the Romanian Police. --------- Alin. ((3) of art. 102 102 has been amended by section 18 18 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 103 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 it has been communicated to him, in copy and in the language he understands, the European arrest warrant and, if applicable, the sentence of conviction given in absentia. When it was transmitted by the issuing authority, the judge hands the requested person the sentence of conviction given in absentia. -------- Alin. ((1) of art. 103 103 has been amended by section 30 30 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (2) If applicable, at the request of the requested person, the judge shall postpone the case only once, no more than 5 days, and shall request the issuing authority, in copy and in the language that the requested person understands, of the judgment of conviction given in Missing. The failure of the issuing authority to transmit the judgment in the absence of a judgment has no effect on the continuation of the procedure for the execution of the European arrest warrant and on the surrender of the requested person. -------- Alin. ((2) of art. 103 103 has been amended by section 30 30 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (3) After receiving the European arrest warrant, the judge shall inform the person requested of the rights provided for in art. 104, 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. 98, the judge can rule by sentence, according to art. 107, 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. 110. (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 judicial review, judicial review on bail or house arrest, the provisions of art. 211-222 of the Code of Criminal Procedure by applying accordingly. In this case, if, subsequently, the court orders the execution of the European arrest warrant, by the surrender decision, the arrest of the person requested for surrender to the issuing judicial authority shall also be ordered. --------- Alin. (11) of art. 103 103 has been amended by section 19 19 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (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. 107 107 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 prosecutor's participation is mandatory + Article 103 ^ 1 Revocation of the decision on the basis of which the alert was introduced for the arrest or issued of the European arrest warrant ((. Where the issuing State informs the revocation of the decision on the basis of which the alert has been entered for arrest or the European arrest warrant has been issued: a) prosecutor, notified according to art. 99 or 101, orders the ranking and, if applicable, the revocation of the preventive measure taken towards the requested person and informs about them the International Police Cooperation Center within the General Inspectorate of the Romanian Police and the specialized direction of the Ministry of Justice; b) Judge, notified according to art. 101 or 102, by final sentence, takes note of the revocation of the decision on the basis of which the alert was introduced for arrest or the European arrest warrant was issued, as the case may be, and orders the revocation of the preventive measure taken against the person Requested. (2) If the information provided in par. (1) intervenes after the final stay of the decision ordering the surrender of the requested person to the issuing state, the competent court of appeal, upon referral to the prosecutor, orders by final sentence the revocation of the execution of the European mandate of arrest and, if applicable, revocation of the previously ordered custodial measure. ((3) Repairing the material damage or a moral damage in the case of deprivation or restriction of freedom on the basis of alerts for arrest or European arrest warrants withdrawn or revoked is borne by the issuing state, according to its law. -------- Art. 103 ^ 1 was introduced by item 31 31 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 104 Rights of the person arrested under a European arrest warrant (1) The arrested person has the right to be informed of the content of the European Arrest Warrant. (2) The arrested person has the right to be assisted by a defender elected or appointed ex officio by the court. (3) The arrested person who does not understand or speak Romanian has the right to the interpreter, provided free of charge by the court. + Article 105 Temporary surrender or declaration of the requested person (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. ((. Where temporary surrender has been granted, it shall be carried out under the conditions and for the duration laid down by mutual agreement between the issuing and executing judicial authorities. In all cases the person followed will have to return to Romania to participate in the conduct of the teaching procedure based on the European arrest warrant. ((3) If the temporary surrender is not granted or it is not requested, the Romanian judicial authority shall take a declaration of the requested person, with the participation of the person designated by the judicial authority issue, if applicable, in accordance with the law of the issuing Member State. The hearing of the requested person is made according to the provisions of the Romanian Code of Criminal Procedure and under the conditions established according to the agreement In all cases the procedural rights of the wanted person will be respected. + Article 106 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. + Article 107 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. 110 110. For the purpose of taking a decision, the court shall take into account all the circumstances of the case and the need for the execution of the (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 General Inspectorate of the Romanian Police. (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. 103 103 para. ((13) is implemented on the date of termination of the reasons that justified the postponement. (4) If the surrender of the person has been refused, the court makes application of the provisions art. 28 28 para. ((3) of Law no. 141/2010 on the establishment, organization and functioning of the National Information System of Signals and Romania's participation in the Schengen Information System, as amended. -------- Alin. ((4) of art. 107 107 has been introduced by section 32 32 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 108 Remedies and remedies (1) The terminations provided in art. 101 101, art. 103 103 para. ((8) and (9) may be appealed within 24 hours of delivery. (2) The decision provided in art. 107 107 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 suspended, except for the provisions on the measure of arrest. The file will be submitted to the superior hierarchical court within 24 hours. --------- Article 108 has been amended by point 20 20 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 109 Dispute resolution The appeal declared under the conditions provided in art. 108 shall be resolved in particular, no later than 3 days after the registration of the case. --------- Article 109 has been amended by section 6.6. 21 21 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 110 Deadlines (. The European Arrest Warrant shall be settled and executed as a matter of urgency. (2) In the case provided for in art. 103 103 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. (4) When, for justified reasons, a decision cannot be made within the time limits set out in the preceding paragraphs, the court may defer the ruling for 30 days by communicating to the issuing judicial authority that circumstance, and the reasons postponing and maintaining the necessary measures for teaching. (5) When, for exceptional reasons, the time limits provided for in this Article cannot be met, the Romanian executing judicial authority shall inform Eurojust, stating the reasons for the delay. + Article 111 Surrender of requested (1) Teaching is carried out by the International Police Cooperation Center of the General Inspectorate of the Romanian Police, with the support of the police unit within which the detention site is located, within 10 days of remaining final of the teaching decision. (2) If for reasons independent of the will of the Romanian authorities or of the issuing state, the handover cannot be carried out within the deadline set by the International Police Cooperation Center of the General Inspectorate of the Romanian Police and the competent authority of the issuing State shall take place within 10 days of the new date agreed. -------- Alin. ((2) of art. 111 111 has been amended by section 34 34 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. ((3) Abrogat. -------- Alin. ((3) of art. 111 111 has been repealed by section 6.6. 35 35 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (4) Where the maximum time limits for teaching are exceeded, without the person concerned being received by the issuing State, the person pursued shall be released without that fact constituting a ground for refusal of the person concerned. the execution of a future European arrest warrant based on the same facts. (5) In all cases, at the time of surrender, the Romanian authorities shall communicate to the authorities of the issuing State which assures the takeover of the person handed over the duration of the arrest carried out by him in the execution of the European arrest warrant deducted from the sentence or from the custodial measure that will apply. -------- Alin. ((5) of art. 111 111 has been amended by section 36 36 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 112 Deferred or temporary surrender (1) Provisions art. 58 58 para. ((1)-(5) and (7) shall apply accordingly. (2) The conditions for temporary surrender shall be established by the agreement between the competent Romanian and foreign authorities. For Romania, the competent authority is the appeals court that executed the European Arrest Warrant. The takeover of the person handed over and its return are made by the competent authorities of the issuing state, on the territory of The expenses for taking over and returning the person handed over are borne by the issuing State -------- Article 112 has been amended by section 1. 37 37 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 113 Surrender of goods (1) The Romanian executing judicial authority may order, at the request of the issuing judicial authority or ex officio, the preservation and surrender, in accordance with the Romanian law, of the goods constituting material means of proof or were acquired by the person requested as a result of the offence underlying the European arrest warrant, without prejudice to the rights that the Romanian State or third parties may have on them. (2) The goods referred to in par. ((1) shall be surrendered even where the European arrest warrant cannot be executed as a result of the death or escape of the requested person. (3) If the goods are likely to be preserved or confiscated in Romania and, at the same time, necessary for the proper conduct of the criminal proceedings before the Romanian judicial authorities, the Romanian executing authority may refuse their surrender or may dispose of their temporary surrender, subject to the refund. -------- Article 113 has been amended by section 1. 38 38 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 114 Contest of applications ((. Where two or more Member States have issued a European arrest warrant in respect of the same person, the Romanian executing judicial authority shall decide on the priority of execution, taking into account all the circumstances and, special, the place of the commission and the gravity of the crime, the date of issue of the mandates, as well as the circumstance that the mandate was issued for the prosecution, the judgment or in order to execute a sentence or a safety measure. The Romanian executing judicial authority will be able to request, where appropriate, the opinion of Eurojust on that judgment. (2) In the case of competition between a European arrest warrant and an extradition request submitted by a third country, the Romanian judicial authority of execution will decide taking into account all the circumstances and in particular those provided in par. ((1) and those provided for in the extradition convention applicable in relation to the third State. If it gives priority to the extradition request, the provisions of Title II will apply. (3) If the request for extradition is to be granted, the Romanian judicial authority will bring this to the attention of the issuing authority of the European arrest warrant. ((4) 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 Romanian authorities. 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. 115 115 by applying properly. (5) The provisions of this Article shall be without prejudice to the obligations derived from the quality of party to the Statute of the + Chapter IV Other provisions + Article 115 Specialty rule (1) Consent for the prosecution, trial, 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 States 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. ((2) Except in the cases referred to in par. ((1) and (4), the person handed over to the Romanian authorities will not be able to be followed, judged or deprived of liberty for another act prior to surrender unless the executing Member State consents it. For this purpose, the issuing Romanian judicial authority shall submit to the executing judicial authority an application for authorization, accompanied by the information provided in art. 86 86 para. ((1). (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. 97. ((. The provisions of the preceding paragraphs shall not apply where one of the following circumstances occurs: a) when the person pursued has expressly given up before the judicial enforcement authority to the rule of law, before the surrender; b) when the person pursued has given up, after teaching, to resort to the rule of specialty in connection with certain crimes prior to his surrender. The declaration of waiver of the special rule shall be given before the competent judicial authority of the issuing Member State, drawing up a report in accordance with its national law. The person being followed has the right to be assisted by a lawyer. The waiver of the rule of speciality must be voluntary and in full knowledge of its consequences; c) when, having the possibility to leave the territory of the Member State to which he was handed over, the person concerned did not do so within 45 days of his final release at liberty or returned to this territory after leaving him; d) when the offence is not sanctioned with a custodial sentence; e) when a custodial sentence or a safety measure is not applied at the end of the criminal proceedings. + Article 116 Transit (1) The transit on the territory of Romania of a person, in order to execute a European arrest warrant, shall be granted at the request of the issuing state, which must present the following data: a) the existence of a European arrest warrant; b) the identity and nationality of the person covered by the European mandate c) legal classification of the deed; d) description of the circumstances in which the offence was committed, including the date and place. (2) The application and the information provided in par. ((1) should not be presented in the case of non-stop air transit, unless a forced landing occurs. (3) The application and the information on transit shall be transmitted to the Ministry of Justice, which shall immediately submit them to the Bucharest Court of Appeal. (4) The Bucharest Court of Appeal, in full format of 2 judges of the Criminal Section, shall rule on the request for transit, on the day of its receipt, by concluding the date in the council chamber. (5) The conclusion is final and shall be communicated immediately to the Ministry of Justice, which shall immediately inform the issuing State. (6) If the person subject to the European mandate has Romanian citizenship, the transit shall not be granted unless the condition laid down in art. 97 97 para. ((2). + Article 117 Subsequent surrender (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. (2) In any case, the consent of the executing Romanian judicial authority to the subsequent surrender of the person requested by an issuing Member State to another State shall not be necessary if the requested person: a) having the opportunity to leave the territory of the state to which he was handed over, did not do so within 45 days of his final release at large or returned to this territory after leaving him; b) consented to be handed over to a Member State other than the executing State on the basis of a European Arrest Warrant. The consent shall be expressed before the competent judicial authority of the issuing Member State and shall be recorded in a report drawn up in accordance with its national law. The person being followed has the right to be assisted by a lawyer. Consent must be freely and in full knowledge of its consequences; c) give up the specialty rule, in accordance with the provisions of art. 115 115 para. ((3) and (4) lit. a)-c). (3) In the situations not regulated by par. (1) and (2) it is necessary to approve the Romanian judicial enforcement authority, which will be requested in accordance with the provisions of art. 89, annexing the request the information provided in art. 86 86 para. ((1), accompanied by a translation. (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. 97. (5) Provisions of para. ((1)-(4) shall apply accordingly and where Romania is an issuing Member State. + Article 118 Subsequent surrender of extradition (1) If the person pursued was extradited to Romania from a third state from which he was protected by the provisions of the agreement under which he was extradited, relating to the rule of law, the Romanian judicial authority enforcement will request the authorization of the state that extradited it in order to be handed over to the issuing state. Deadlines provided for in art. 110 will begin to run from the date when the specialty rule ceases to apply. (2) While resolving the application for authorization, the Romanian executing judicial authority will continue to provide the necessary material conditions for an effective surrender. + Article 119 Subsequent extradition (1) The extradition of a person who was handed over to Romania on the basis of a European arrest warrant, subsequently requested by a non-member state of the European Union, cannot be granted without the consent of the executing judicial authority who approved the handover. (2) Where the Romanian judicial authorities have granted the surrender of a person to another Member State of the European Union, on the basis of a European arrest warrant, and the issuing judicial authorities require the consent to extradite the person pursued to a third party that is not a member of the European Union, the consent will be granted in accordance with the bilateral or multilateral instruments to which Romania is a party, taking into account the extradition request. + Article 120 Immunities and privileges (1) When the person to whom the European arrest warrant refers enjoys immunity in Romania, the executing judicial authority shall without delay request the competent authority to raise this privilege. (2) If the waiver of immunity falls within the competence of another State or an international organisation, the application will be made by the judicial authority which issued the European Arrest Warrant. The executing judicial authority will communicate this circumstance to the issuing judicial authority. ((3) During the time in which the request for withdrawal of the immunity referred to in paragraph ((2) is pending, the executing judicial authority shall take the measures it considers necessary to guarantee effective surrender when the person has ceased to enjoy the privilege of immunity. (4) The terms provided for in art. 110 110 shall begin to run from the date when the executing judicial authority has been informed of the lifting or withdrawal of immunity. (5) When the person to whom the European arrest warrant refers has arrived in Romania, as a result of extradition from a third country that is not a member of the European Union, and the surrender is limited to the crime for which it was granted, the deadlines provided in par. ((4) begin to run from the moment when the authorities of the state who extradited the person pursued give their consent that the rule of law shall remain without effect and the person may be handed over to the issuing State of the European mandate. Until the decision is taken, the executing judicial authority will take the necessary measures to carry out the surrender, if any. + Article 121 Relationship with other legal instruments The conditions, requirements and procedure for issuing and executing the European arrest warrant shall be those laid down in this law, except those provided for in bilateral or multilateral conventions to which Romania is a party, in which it is simplified or the teaching procedure is facilitated, in accordance with the provisions of paragraph 2 of art. 31 31 of Framework Decision no. 2002 2002 /584/JHA of the Council of the European Union of 13 June 2002 on the European arrest warrant and the surrender procedures between the Member States. + Article 122 Transitional provisions ((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. (. The extradition proceedings pending at the time of entry into force of this Title shall continue to be settled under Title II.
+ Title IV Transfer of criminal proceedings + Chapter I Application for the transfer of criminal proceedings + Article 123 Exchange of information and consultations with foreign judicial authorities (1) When it has reasonable grounds to believe that criminal proceedings are conducted in another State regarding the same facts or related facts and involving the same person, the prosecutor carrying out or supervising the prosecution or the court of judgment may contact the competent authority of the other State, directly or, in the case of non-member states of the European Union, through the competent central authority according to art. 10, in order to confirm the existence of such parallel proceedings, in order to initiate consultations. If the Romanian judicial body does not have any information in this regard, in relation to the Member States of the European Union, the identification of the competent authority that should be contacted is carried out using the national points of contact at the European Judicial Network designated at the level of the Public Ministry or the Ministry of Justice, as appropriate To this end, the following information shall be provided to the foreign authority: a) a description of the facts and circumstances subject to the criminal proceedings; b) all relevant information on the identity of the person under investigation and, where applicable, of the injured persons; c) stage of criminal proceedings; d) information on the preventive arrest or detention of the person under investigation, if applicable. (2) In application of para. (1) shall constitute grounds including the following cases: a) the person investigated invokes, providing information in this regard, the fact that he is the subject of criminal proceedings regarding the same facts or related facts in another state; or b) an application for international judicial cooperation in criminal matters brought by another State indicates the possible existence of such parallel criminal proceedings; or c) police bodies have information in this regard. (3) The procedure provided in par. (paragraph 1 shall not apply where the competent authorities carrying out parallel proceedings have already been informed by any other means. (. Where the existence of parallel proceedings is established, the prosecutor carrying out or supervising the prosecution or the competent court shall initiate direct consultations or through Eurojust or, in the case of States which do not are members of the European Union, through the competent central authority according to art. 10. The purpose of the consultations is to reach a consensus on any effective solution designed to avoid the negative consequences that could arise from such parallel proceedings, which, as the case may be, may also lead to the exercise and the continuation of a single criminal procedure either in the Romanian state or in another state. ((. As long as direct consultations are ongoing, the competent authorities concerned shall inform each other of the important measures taken in the proceedings. (6) The requests made by the authorities of other states in order to confirm the existence of parallel proceedings shall be settled by the Prosecutor's Office of the High Court of Cassation and Justice or by the court on whose role the case is. Unless their provision could harm fundamental national security interests or jeopardise the safety of persons, the foreign authorities shall be notified within a period of time. reasonable, at least the following information: a) whether criminal proceedings are ongoing or criminal proceedings have been carried out with respect to some or all of the same facts or related facts which are subject to the criminal proceedings referred to in the request submitted by the foreign authority and if the same persons are involved; b) where criminal proceedings are ongoing or criminal proceedings have been carried out, the contact details of the competent authority; and c) the stage of such proceedings or, where a final judgment has been given, the nature of that final judgment. -------- Article 123 has been amended by section 6.6. 39 39 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 124 Conditions The Romanian judicial authorities may request the competent authorities of another state to initiate a criminal procedure or to continue it, when the exercise by the requested foreign state serves the interests of a good administration of justice or favours, in the event of conviction, social reintegration and there are incidents one or more of the following cases: a) the person under investigation is habitually resident in the state b) the person investigated is a citizen of the requested state or if this state is his home state; c) the person investigated executes or is to execute a custodial sentence in the requested state; d) the person investigated is subject, in the requested state, of a criminal investigation for the same deed or related facts; e) the transfer is justified by the interest of discovering the truth and, in particular, whether the most important evidence is found in the requested State; f) the execution of a possible sentence of conviction in the requested state is likely to improve the possibilities of social reintegration of the convict; g) the presence of the person investigated at hearings in criminal proceedings handled by the Romanian judicial authorities cannot be ensured, even when there would be the possibility of hearing by videoconference, but it can be ensured in the requested state; h) an eventual conviction decision could not be enforced in Romania, even when there would be the possibility of formulating an extradition request or issuing a European arrest warrant, the requested state being able to do so; i) the defendant was definitively convicted in Romania, there are incidents one or more of the cases provided in lett. a)-h), and the Romanian state cannot enforce the judgment of conviction, even having open the way of extradition or the European arrest warrant, and the requested state does not accept, as a principle, the execution of a foreign judgment of conviction or refused the execution of the sentence of conviction given by the foreign court. -------- Article 124 has been amended by section 4.2. 40 40 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 125 Procedure (1) The transfer of the criminal proceedings is 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 oversees the prosecution or ex officio, if the conditions provided by law are met, the court orders, by reasoned conclusion, the transfer of the criminal procedure In the event of the transfer of prosecution, the prosecutor's proposal that carries out or oversees the prosecution shall be settled in the council chamber, without citing the parties The prosecutor's presence is mandatory -------- Alin. ((2) of art. 125 125 has been amended by section 41 41 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (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 superior hierarchical court within 5 days, and the appeal is adjudicated within 30 days of the registration of the case. The appeal is suspensive of execution. --------- Alin. ((3) of art. 125 125 has been amended by section 22 22 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (4) The conclusion by which the transfer of the procedure is ordered, remaining final, suspends the limitation period of criminal liability, as well as the continuation of the criminal procedure started, subject to urgent acts and steps. (5) The application 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 10, 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. (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 is requested in the situation in which the prosecution or judgment is not taken over by the requested state. + Article 126 Forwarding The Ministry of Justice or the Prosecutor's Office of the High Court of Cassation and Justice, as the case may be, shall ensure the transmission of the request for the transfer of criminal proceedings on one of the + Article 127 The effects of the application for the transfer (1) Until the decision of the requested State on the request for the transfer of criminal proceedings, the prosecutor carrying out or supervising the prosecution or the court, as the case may be a) may carry out any acts of criminal investigation, except for the prosecution of the defendant or the execution of a sanction against the person under investigation. The prosecutor who carries out or supervises the prosecution or the court informs, in writing, the requested state, of the acts or measures ordered after the transmission of the b) may withdraw the request for transfer of criminal proceedings at any time (2) The right of prosecution and enforcement is reacquired by the Romanian judicial authorities when: a) the requested State informs that it will not initiate any action on the request for the transfer of criminal proceedings or that it does not accept such a request; b) the requested State informs that it revokes the acceptance of the request for the transfer of c) the requested State shall communicate its decision not to commence or to cease criminal proceedings. (3) The transmission of the request for the transfer of criminal proceedings extends the limitation periods of criminal liability by 6 months. (4) In case of conviction, the decision rendered by the requested state shall be entered in the criminal record and shall produce the same effects as if it had been handed down by a Romanian court. -------- Article 127 has been amended by section 4.2. 42 42 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 127 ^ 1 Complaint of the injured person (1) In the case of a deed committed outside the territory of Romania, the complaint filed with the Romanian judicial body by the injured person, resident in Romania, is transmitted directly or, in the case of states that are not members of the European Union, by the central authorities referred to in art. 10, to the competent foreign authorities of the state on whose territory the act was committed, unless the competence is exercised by the Romanian state. (2) Provisions art. 123 123-127 are not applicable in this case. -------- Art. 127 ^ 1 was introduced by item 43 43 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Chapter II Taking or initiating criminal proceedings at the request of a foreign state -------- The name of Chapter II of Title IV has been amended by point 44 44 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 128 Application for criminal proceedings (1) Any request to take over the criminal procedure addressed by a foreign state to the Romanian prosecutors or courts shall be submitted, as the case may be, to the Ministry of Justice or the Prosecutor's Office of the High Court of Cassation (2) When the crime was committed on the territory of Romania, the requests for taking over the prosecution or the judgment shall be settled, as the case may be, by the prosecutor's offices of the courts of appeal or the courts of appeal in the constituency of which the place is located where the act was committed or the person investigated or lives the injured person was identified. When the offence has been committed abroad, requests to take over the prosecution or judgment shall be settled, as the case may be, by the prosecutor's office of the appellate court in whose constituency the perpetrator or the court of appeal resides. If he is not domiciled and does not live in Romania, the resolution of the application is the competence of the Prosecutor's Office of the Bucharest Court of Appeal or the Bucharest Court of Appeal, as the case Requests for the takeover of criminal prosecution that concern facts that, according to the law, are within the competence of the Directorate for Investigation of Organized Crime and Terrorism or the National Anti-Corruption Directorate, shall be resolved by them. -------- Alin. ((2) of art. 128 128 has been amended by section 45 45 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (3) The competent attorney general or the prosecutor appointed by him shall have the following information on the application in accordance with the provisions of the Code of Criminal (4) The application for the takeover of the judgment is transmitted by the Ministry of Justice to the prosecutor's office of the court of appeal competent to solve it. The competent attorney general shall notify the court of appeal with the proposal for admission or rejection of the application (5) Once vested with a request for a takeover of the judgment, the competent court of appeal has a reasoned conclusion on the admissibility of the application. The conclusion is subject to appeal, within 5 days of the ruling. --------- Alin. ((5) of art. 128 128 has been amended by section 23 23 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (6) If the application was considered admissible, the judgment continues according to the provisions of the Code of Criminal Procedure. (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 + Article 128 ^ 1 Initiation of criminal proceedings before the authorities of a foreign state (1) The complaint of the authorities of other states, regarding the commission of a fact, in order to initiate the criminal proceedings by the Romanian state, shall be settled by the competent Romanian judicial body, in accordance with the provisions of the Criminal Code and the Code of criminal procedure. (2) In the case of a deed committed on the territory of Romania, the complaint filed with the competent authorities of the state whose resident is the injured person shall be received by the Prosecutor's Office of the High Court of Cassation and Justice and shall be settled by the judicial body competent according to Romanian law. -------- Art. 128 ^ 1 was introduced by item 46 46 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 128 ^ 2 Rejection of the request for taking over or initiating criminal proceedings (1) The request of the foreign state to take over or initiate criminal proceedings shall be rejected if the exercise of the prosecution is contrary to the principle of non bis in idem or if, on the said date on request, the prescription of criminal liability is fulfilled according to Romanian law (2) At the same time, the request of the foreign state to take over or initiate criminal proceedings may be rejected, in whole or in part, in the following cases a) the reason on which the application is based is not justified; b) the perpetrators are unknown; c) the person investigated does not have the usual residence in Romania; d) the person investigated is not a Romanian citizen and did not have his usual residence on the territory of Romania at the time of e) the offence in relation to which the pursuit is sought has a political character or is a purely military or purely fiscal offence; f) there are serious reasons to believe that the application for prosecution is determined by considerations of race, nationality or political opinions; g) the Romanian criminal law is already applicable to the act and, according to this law, criminal liability is prescribed at the time of receipt of the h) the prosecution is contrary to the international commitments of Romania; i) the prosecution is contrary to the fundamental principles of the Romanian legal order; j) compared to the circumstances of the case, the takeover of the prosecution is not appropriate. -------- Art. 128 ^ 2 was introduced by item 46 46 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 128 ^ 3 Revocation of the acceptance of the application and return of ((. The acceptance of the application for the takeover or initiation of criminal proceedings shall be revoked when: a) the continuation of criminal proceedings in Romania is contrary to the principle non bis in idem; or b) if, on the date mentioned on request, the prescription of criminal liability is fulfilled according to the Romanian law; or c) if the act for which the initiation or continuation of criminal proceedings was requested is not a crime according to the Romanian law, and the perpetrator does not face criminal ((. The acceptance of the application for the takeover or initiation of criminal proceedings may be revoked when: a) the presence of the investigated person cannot be ensured for the hearing or it is assessed that an eventual conviction cannot be executed in Romania; or b) one of the grounds for refusal provided for in art. 128 ^ 2 is discovered before the arraignment; or c) in any other cases, if the requesting foreign state agrees. ((3) Revocation of acceptance shall be ordered by reasoned order or conclusion, as the case may be. The revocation of acceptance has the effect of returning the documents transmitted by the requesting state and the reacquisition by the respective state of the right of prosecution. -------- Art. 128 ^ 3 was introduced by item 46 46 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Chapter III Provisions for the implementation of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at the common borders, Schengen + Article 129 Application of principle non bis in idem (1) A person in respect of whom a final decision has been made in the territory of a Member State of the Schengen area cannot be pursued or tried for the same facts if, in the event of conviction, the judgment has been carried out, it is pending execution or can no longer be executed according to the law of the state that pronounced the conviction. (2) However, the provisions of paragraph 1. ((1) shall not apply if: a) the facts concerned by the foreign decision were committed in whole or in part on the territory of Romania. In that case, the exception shall not apply if the facts have been committed in part in the territory of the Member State where the judgment was delivered; b) the facts covered by the foreign decision constitute an offence against national security or against other essential interests of Romania; c) the facts concerned by the foreign decision were committed by a Romanian official in violation of his service obligations. --------- Alin. ((2) of art. 129 129 has been amended by section 24 24 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (3) The exceptions mentioned in par. ((2) does not apply where, for the same facts, the Member State concerned has requested the takeover of the prosecution or has granted the extradition of the person concerned. + Title V Recognition and enforcement of judgments, criminal orders and judicial acts in relation to third States -------- Title V has been amended by point 47 47 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Chapter I General provisions -------- Chapter I, Title V has been amended by point 47 47 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 130 Scope and meaning of terms or expressions ((1) This title applies in relation to third States, in the field of recognition and enforcement of judgments and criminal ordinances, in accordance with the rules contained in the international treaties to which Romania is a party, and, in their absence, on the basis of reciprocity. The provisions of this Title shall also apply, in addition, to situations not covered by international treaties. The provisions of Chapter III shall also apply in relation to the Member States of the European Union if they do not contravene the special provisions. (. For the purposes of this Title, the following terms and expressions shall have the following meaning: a) revocation-any deprivation or suspension of a right, any prohibition or incapacity; b) judicial act-the act emanating from a competent judicial authority; c) foreign criminal ordinance-any of the decisions provided in art. 1 lit. g) of the European Convention on the International Value of Repressive Judgments, adopted in The Hague on 28 May 1970, ratified by Government Ordinance no. 90/1999 , approved by Law no. 35/2000 , or provided for in bilateral treaties concluded by Romania or established on the basis of reciprocity; d) third country-the non-member state of the European Union. -------- Article 130 has been amended by section 6.6. 47 47 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 131 Competence of Romanian (1) With regard to the decisions given by the courts of the third states and the foreign criminal ordinances, the Ministry of Justice, through the specialized direction, is competent: a) to receive the request of the issuing state of recognition of the judicial decision in order to execute on the territory of Romania the punishment applied in the issuing state or in order to produce other legal effects, as the case may be, as well as convicted in order to transfer to Romania; b) to receive the request for a preventive measure if the convicted person is in Romania; c) when the recognition is made for the purpose of execution on the territory of Romania of the sentence applied in the issuing state, to transmit, at the request of the issuing state, previously or after the receipt of the request mentioned a) or b), in particular the following documents and information: ((i) a document stating that the convicted person has Romanian citizenship or that he benefits in Romania from a right of permanent residence; (ii) the legal provisions showing that the facts that determined the application of a sentence in the issuing state constitute crimes according to the Romanian law; (iii) information on the conditional release and prescription of the execution of the sentence; ((iv) a declaration containing the information referred to in art. 132 132; d) unless the issuing state has indicated that it does not agree that the court decision or the criminal order given against a Romanian citizen or a foreigner who benefits in Romania from a long-term right of residence should be executed in Romania, to request it to communicate the information provided in art. 132 132; e) carry out regular checks and, where appropriate: ((i) to request the transmission of additional documents and information; (ii) to request the declaration of the convicted person, unless it is located on the territory of Romania; (iii) when the convicted person is on the territory of Romania, and the foreign court decision was given in absentia, to request information on the right of the convicted person to appeal or to exercise any other way of attack, according to the issuing state law; f) to verify the domicile of the person convicted abroad, in order to establish the competent judicial authority to resolve the request referred to in lett. a) or b); g) to refuse to initiate the procedure of recognition and execution on the territory of Romania of the foreign court decision, when: (i) Romania is not the state of nationality or the state in which the convicted person benefits from a right of permanent residence; (ii) on the date of receipt of the foreign court decision, from the sentence imposed on the convicted person remained to be executed for less than 6 months, unless the convicted person is on the territory of Romania; (iii) the issuing State did not transmit the documents referred to in point. e) until the expiry of a maximum period of 120 days, as well as in other cases expressly provided by law; h) to consult with the issuing state whenever they appreciate it as necessary. (2) With regard to judicial decisions or criminal ordinances given by the Romanian judicial authorities, the Ministry of Justice, through the specialized direction, is competent: a) to receive the request of the state of execution or of the person against whom the court decision or the foreign criminal order was given, to recognize it in order to execute the sentence applied in Romania or in order to produce other legal effects, as appropriate; b) to transmit the documents and information provided in art. 132, as well as any other additional information requested by the executing State; c) ask the executing State for a document stating that the person convicted has his or her nationality or that he/she lives in his or her territory; ((i) the statement of the competent authority on the transfer of the convicted person; (ii) the legal provisions showing that the facts that led to the application of a sentence in Romania constitute crimes according to the law of the executing State; (iii) information on amnesty, pardon, conditional release and prescription of the execution of the sentence; (iv) a statement on the procedure applicable to the Romanian judgment; d) to draw up, at the request, as the case may be, of the court or the prosecution body, based on the documents and information provided in art. 132 132: (i) the application for recognition and enforcement in the territory of a third State of the judgment or of the criminal order and to communicate to the requesting Romanian judicial authority the decision of the executing State; (ii) the application for preventive measures against the person convicted when he is in the territory of the executing State; e) to suspend the procedure until the condition referred to in art. 140 ^ 2 para. ((4) lit. b); f) to consult with the executing State whenever they appreciate it as necessary. (3) National Administration of Prisons: a) inform convicted persons in the execution of custodial sentences in penitentiaries in Romania, to whom this title may be applied, regarding their right to request transfer to the executing state; b) ensure the surrender, under escort, of convicted persons in penitentiaries in Romania, against whom the transfer to the executing state was ordered or which were returned according to lit. e); c) inform the specialized department of the Ministry of Justice, the court of execution and the court in whose constituency the place of possession is located regarding the date of handing over the convicted person to the authorities of the executing state; d) after receiving in the penitentiary the person convicted abroad, informs the specialized directorate of the Ministry of Justice: ((i) with regard to the place of possession, the enforcement regime established and the measures taken, where appropriate; ((ii) where the convicted person has escaped and it has not been possible to catch him; e) ensure the takeover, on the date of bringing into the country, and keeping in a penitentiary, until the redeployment to the executing state or until the communication of the decision to release, a person transferred from Romania to the executing state, who was brought back to the country in order to participate in the trial of the extraordinary appeal against the Romanian court; f) at the expiry of the term of the prison sentence, at the term decided by the court in case of conditional release, as well as on any other date determined by the competent judicial authorities in the specific situations provided by law, communicate immediately The Ministry of Justice and the General Inspectorate of the Border Police to release the persons transferred to Romania in order to execute the sentence, regardless of the crime committed. The General Inspectorate of the Border Police informs the specialized direction of the Ministry of Justice if, within the deadline provided in art. 157 lit. c), the released person left the territory of Romania; g) in the case of conditional release or pardon of the remaining remaining unexecuted from the punishment, communicate to the specialized department of the Ministry of Justice the number of days left to be executed; h) ensures, at the time of bringing into the country, the takeover of persons transferred in order to execute the sentence in a penitentiary under the National Administration of Prisons. (4) The International Police Cooperation Center of the General Inspectorate of the Romanian Police ensures: a) transfer, under escort, from the issuing state to Romania of persons convicted abroad; b) the takeover from abroad, under escort, of the convicted persons, previously transferred, to whom was ordered to be brought to Romania in order to participate in the trial of the extraordinary appeal the case in which the task of bringing into the country lies with the state (5) The Ministry of Foreign Affairs ensures, through the consular offices, the declaration of the convicted person in the execution of a sentence to the detention of life or imprisonment or a custodial measure, on the territory of the state issuer, which it transmits to the specialized department of the Ministry of Justice, no later than 30 working days from the date of receipt of the request. -------- Article 131 has been amended by section 6.6. 47 47 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 132 Documents and information In order to recognize and enforce judicial decisions or foreign criminal orders, the following documents and information are required, as the case may be: a) the name, surname, pseudonym, alias used, only in the case of their knowledge, and sex, nationality, identity card or passport number, date and place of birth, photograph, last known address or residence, languages on which the person understands; b) information about the family, social or professional ties it has in Romania; c) the total duration of the sentence, the date of commencement of the execution of the sentence, the date on which the sentence would be considered as executed, the period already executed, if applicable, the number of days to be deducted from the total penalty as a result of the effects of the earlier amnesty or pardon; d) information on conditional or early release, as appropriate; e) a copy, certified for conformity, as the case may be, of the criminal order or of the judgment given in the first instance and, if applicable, in the exercise of the remedies; f) the applicable legal provisions; g) unless the convicted person is in Romania, the statement of the person convicted of the application for execution in a penitentiary or health unit in Romania of the sentence imposed by the issuing state; h) if applicable, any expertise, report or other medical documents attesting to the physical and mental state of the convicted person, the treatment followed by him on the territory of the issuing state and possible recommendations for further treatment in Romania, as well as, in the case of the minor convict, the copy of the social survey; --------- Lit. h) a art. 132 132 has been amended by section 4.2 25 25 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. i) information on the possibility of exercising by the convicted person, after his transfer, of an extraordinary remedy against the judgment of conviction; j) in the case of judicial decisions given in absentia, when the convicted person is on the territory of the issuing state, information on the right of the person to exercise a remedy that has the effect of reexamining the case in his presence. -------- Article 132 has been amended by section 4.2. 47 47 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 133 Law governing the execution and effects of the transfer of the sentence (1) If Romania is an issuing state, the execution, as the case may be, of the sentence or the custodial measure or of the rest left unexecuted is the competence of the Romanian court whenever: a) the application for recognition of the court decision is withdrawn before the executing State recognizes the court decision and to enforce the sentence or the custodial measure applied by the Romanian court; b) the executing State refuses to recognize the court decision and to enforce the sentence or the custodial measure applied by the Romanian court; c) the executing State expressly waives its right of execution; d) the executing State shows that it can no longer execute the sentence or the custodial measure as the convicted person has escaped and has not been found on his territory; e) the executing state shows that it cannot enforce the punishment or the custodial measure as the convicted person has not been found on its territory. (2) The competence of the trial of an appeal, exercised by the convicted person, after his transfer to the executing state, in order to abolish or amend the judgment of conviction, belongs to the Romanian court. Any decision as a result of which the punishment or the custodial measure ceases to be enforceable, as well as the decision by which the competent Romanian court has settled that remedy the Ministry of Justice in order to inform the executing State. (3) If Romania is an issuing state, when the executing State has communicated the decision not to implement or to cease the execution of the sentence or the custodial measure as a result of the application of amnesty or pardon, the competent Romanian court makes mention of it in the Register of Records and Enforcement of Criminal Decisions. (4) The application of amnesty or pardon by the Romanian state, as an issuing state, when it intervenes after the transfer of the convicted person or after the delegation of the execution of the sentence, is made by a judge from the court of execution. The decision to apply amnesty or pardon is transmitted to the specialized directorate of the Ministry of Justice in order to communicate the state of execution. (5) The application of amnesty or pardon by the Romanian State, as a state of execution, shall be made by a judge of the executing court or, when the convicted person is held, from the appropriate court in whose radius territorial is the place of possession. The decision to apply amnesty or pardon is transmitted to the specialized department of the Ministry of Justice in order to communicate the issuing state. -------- Art. 133 has been amended by section 47 47 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Chapter II Recognition and enforcement of foreign court decisions -------- Chapter II, Title V has been amended by point 47 47 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Section 1 Transfer of convicted persons, held in third states, in order to execute the sentence or custodial measure in a penitentiary or health facility in Romania -------- Section 1, head. II, Title V has been introduced by item 47 47 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 134 Measures prior to court referral (1) When it finds that the issuing state has transmitted the documents and information provided for in art. 132, the Ministry of Justice, through the specialized direction, submits to the prosecutor's office of the appeal court in whose territorial constituency the convicted person resides, in order to notify the court of appeal. (2) The prosecutor, receiving the file, checks if: a) the execution of the foreign court decision in Romania would be contrary to the principle non bis in idem b) the convicted person is under criminal investigation in Romania for the same crimes for which the foreign court decision was handed down; c) the convicted person is under criminal investigation in Romania for crimes other than those for which the foreign court decision was delivered; d) is incident any of the grounds for refusal provided in art. 136 136 para. ((2); e) the convicted person benefits from the effects of the specialty rule. Art. 157 applies only if so provided in the treaty applicable in relation to the issuing State or if according to the reserve or declaration made by the issuing State to a multilateral treaty, accepted by Romania, the transfer is conditional on compliance with the specialty rule. (3) Information necessary for the checks provided in par. ((2) lit. b) and c) are communicated to the prosecutor, no later than 5 days from the date of receipt of the request. (4) If the provisions of paragraph 1 are incidental. ((2) lit. e), the prosecutor informs, as the case may be, the prosecutor who performs or oversees the prosecution or the court. (5) If, until the court is notified, the application provided for in art. 131 131 para. ((1) lit. a) is withdrawn, the prosecutor orders the ranking and refund the file of the specialized directorate of the Ministry of Justice. -------- Article 134 has been amended by section 4.2. 47 47 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 135 Duration and subject matter of the procedure for recognition of foreign court (1) The president of the court or the judge delegated by him fixes the term of trial, which cannot be more than 10 days from the date of registration of the case to the court. The duration of the judicial procedure for the recognition of the foreign court decision shall be 60 days from the date of registration of the case (2) The court judges in complete form of a single judge, in the council chamber, without the summoning of the convicted person. The prosecutor's participation is mandatory (3) The object of the procedure for recognition of foreign court decision is the verification of the conditions provided in art. 136, and if they are fulfilled, the award of the foreign court decision of legal effects on the territory of Romania and the transfer to a penitentiary or medical unit in Romania of the convicted person. Provisions relating to pecuniary penalties, precautionary measures or legal expenses, as well as any provisions of the foreign court decision other than those concerning the execution of the sentence of life or prison detention or of the custodial measure is not the subject of this proceeding unless the issuing State expressly requests it. In the latter case, the court seised for the purpose of transferring the convicted person shall also rule on the recognition and enforcement of other criminal provisions of the foreign court order. (4) If the person has been convicted of several offences, the verification of the conditions shall be made for each offence in part. When conditions are met only for some of the offences, the court may order the partial recognition of the foreign court ruling. For this purpose, prior to a decision, the court can consult the issuing state through the specialized directorate of the Ministry of Justice. (. If, prior to the final settlement of the case, the issuing State withdraws its application, the court shall reject it as unsupported. (6) The court examines the foreign court decision, verifies the works of the file and, on the basis of the findings, pronounces a) order, by sentence, the recognition and execution of the sentence applied by the foreign court b) if the nature or duration of the sentence applied by the foreign court does not correspond to the nature or duration of the sentence provided by the Romanian criminal law for similar crimes: (i) adapt, by sentence, the custodial sentence imposed by the foreign court, according to par. ((7) and (8) or, where adaptation is not possible, ((ii) determine and apply, by sentence, the sentence for the offence committed; c) orders, by sentence, the rejection of the application for recognition and execution in Romania of the foreign court decision. (7) In the case provided in par. ((6) lit. b) section ((i), the court shall adapt the sentence imposed by the foreign court, when: a) its nature does not correspond, in terms of name or regime, to the penalties regulated by the Romanian criminal law; b) its duration exceeds, as the case may be, the special maximum limit of the sentence provided by the Romanian criminal law for the same crime or the general maximum limit of the prison sentence provided by the Romanian criminal law or when results applied in the case of a contest of crimes exceeds the total penalties established for competing crimes or the maximum general limit of the prison sentence allowed by the Romanian criminal law. The adaptation by the court of punishment imposed by the foreign court consists in reducing the sentence to the maximum limit allowed by the Romanian criminal law for similar crimes. (8) The punishment established by the Romanian court, according to par. ((7), must correspond, as far as possible, from the point of view of nature or duration, to that applied by the issuing State and will not aggravate the situation of the convicted person. The penalty imposed in the issuing State cannot be converted into a pecuniary punishment. (9) If the provisions of paragraph 1 are incidental. ((6) lit. b) section (ii), when establishing and applying the sentence for the offence committed, the court is held by the finding of the facts, the states and the circumstances in which they were committed, as follows explicitly or implicitly from the judgment Foreign court and also: ((i) will not change a custodial sentence in a pecuniary punishment; ((ii) deduct in full from the sentence imposed the period executed by the person convicted in the issuing State; (iii) will not aggravate the situation of the convicted person nor will it be held by the minimum limit of the sentence provided by the Romanian criminal law for the crime committed. ((10) Provisions of para. ((6) lit. b) section (ii) does not apply if the Treaty applicable in relation to the issuing State excludes the conversion of the conviction or if the issuing State has expressly indicated that it will grant the transfer only if the Romanian State carries out either the penalty imposed by foreign court, or punishment adapted by the Romanian court according to par. ((7) and (8). (11) The sentence provided in par. (6) shall be drawn up no later than 5 days after the pronouncement and shall be transmitted to the specialized department of the Ministry of Justice for the communication of the convicted person. The sentence can be appealed, within 10 days, by the prosecutor, ex officio or at the request of the Minister of Justice, as well as by the convicted person. For the prosecutor, the term flows from the ruling. For the convicted person, the term flows from the communication of the copy on the device. The file will be submitted to the appellate court within 3 days, and the appeal is judged in 10 days, in the council chamber, without summoning the convicted person. The prosecutor's presence is mandatory --------- Alin. (11) of art. 135 135 has been amended by section 26 26 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (12) The execution of the sentence is made according to the provisions of the Code of Criminal Procedure. The final decision and a copy of the warrant for the execution of the sentence of life or prison detention, as the case may be, shall be communicated to the specialized department of the Ministry of Justice ((13) If after the issuance of the warrant for the execution of the sentence of detention for life or imprisonment, the issuing state: a) informs that the transfer can no longer take place, the court orders the cancellation of the warrant for the execution of the prison sentence or the detention for life. In this case, the sentence of recognition of the foreign criminal judgment is to produce legal effects only in terms of the state of relapse, unless the transfer is no longer possible on the grounds of granting amnesty or as a result of the fact that it was later established that the person is not guilty of committing the crime or as a result of death in the issuing state of the convicted person; b) transmit a new judgment for the execution of another sentence, the provisions of the Code of Criminal Procedure relating to the appeal to execution, which are not contrary to the provisions of this title, shall apply accordingly. In this case, the enforcement court is the court of appeal that handed down the sentence provided in par. ((6). (14) If, after the transfer of the convicted person, the issuing state sends a new court decision for the execution of another sentence, the provisions of art. 137 137 shall apply accordingly. (15) Where the provisions of paragraph 1 are applicable. ((13) lit. a), and the transfer can no longer take place as a result of the revocation by the convicted person of the consent to the transfer, all expenses advanced by the Romanian state fall to the person convicted on the basis of the management's disposition Ministry of Justice or General Inspectorate of the Romanian Police, which constitutes enforceable title. In case of non-execution of the claim willingly, it will be executed according to the provisions of the Fiscal Procedure Code on the recovery of tax claims. (16) If the court has refused recognition of the court decision transmitted by the issuing State, the request of the convicted person or the issuing State may be re-examined if new elements have intervened. -------- Article 135 has been amended by section 6.6. 47 47 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 136 Conditions for the recognition and enforcement of foreign court (1) A foreign court decision may be recognized in Romania if it is likely to produce legal effects according to the Romanian criminal law and the following conditions are met: a) the decision is final and enforceable b) the act for which the punishment was applied would have constituted, if it had been committed on the territory of Romania, a crime. If the sentence has been imposed for several offences, the verification of the condition is made for each offence in part; c) the convicted person consented to the execution of the sentence in Romania, unless this, after the execution of the sentence, would be expelled to Romania. If necessary, in relation to the age or physical or mental state of the convicted person, the consent may be given by its representative; d) is not an incident any of the reasons for non-recognition and non-performance provided in par. ((2). If any of the reasons referred to in paragraph 1 are incident. (2), the court may order recognition only if there is a conviction that the execution of the sentence in Romania would contribute significantly to the social reintegration of the convicted person e) the execution in Romania of the sentence of detention for life or prison or the custodial measure is likely to facilitate the social reintegration of the convicted person. (2) The foreign court decision shall not be recognized and enforced when: a) recognition and execution on the territory of Romania of the foreign court decision would be contrary to the fundamental principles of the law order of the Romanian state; b) the court decision refers to a criminal offence of a political nature or a related offence to a political offence or to a military offence which is not a common law offence; c) the punishment was imposed on the grounds of race, religion, sex, nationality, language, political or ideological opinions or belonging to a particular social group; d) the person was definitively convicted in Romania for the same criminal acts. If the foreign court decision has been given for other criminal acts, the court may order its partial recognition, if the other conditions are met; e) the person was convicted in another state for the same criminal acts, and the foreign court decision given in this state was previously recognized in Romania; f) the convicted person benefits in Romania from immunity from criminal jurisdiction; g) the punishment was imposed on a person who is not criminally liable according to the Romanian h) the punishment consists of a measure consisting of psychiatric or medical assistance that cannot be executed in Romania or, as the case may be, provides for a medical or therapeutic treatment that cannot be supervised in Romania, in accordance with the system national legal or health; i) the convicted person left Romania, establishing his domicile in another state, and his ties with the Romanian state are not significant; j) the convicted person committed a serious crime, likely to alarm the society, or maintained close relations with members of criminal organizations, likely to make doubtful his social reintegration in Romania; + + k) there are objective indications that the court ruling was given in violation of fundamental rights and freedoms, in particular that the punishment was imposed to sanction the convicted person on grounds of sex, race, religion, ethnic origin, citizenship, language, political beliefs or sexual orientation, and the convicted person had no possibility to challenge these circumstances before the European Court of Human Rights or another international court. ((3) On a case-by-case basis, taking into account the specific circumstances of the case, the court may refuse the recognition and enforcement of the foreign court a) the person is investigated in Romania for the same criminal act for which he was convicted abroad. If the court decision has been given for other criminal acts, the court may order its partial recognition, if the other conditions are met; b) where the issuing State has rejected the application made pursuant to art. 134 134 para. ((1). (4) If the convicted person is investigated in Romania for the crime for which he was convicted abroad, instead of refusing recognition, the court may order either the recognition of the foreign court decision or the suspension the case until a decision is taken in the criminal proceedings before the Romanian judicial authorities. (5) The foreign court decision will not be recognized or, if it has been recognized, will not be enforced, when, according to the Romanian criminal law, amnesty, pardon, decriminalization of the act, as well as in any other cases provided by law. -------- Article 136 has been amended by section 6.6. 47 47 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Section 2 Recognition and enforcement of foreign court decisions, if the convicted person is in Romania -------- Section 2, head. II, Title V has been introduced by item 47 47 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 137 Procedure for recognition of foreign court decision and taking preventive measures (1) When it finds that the issuing state has transmitted the documents and information provided for in art. 132, the Ministry of Justice, through the specialized direction, submits to the prosecutor's office of the appellate court in whose territorial constituency the convicted person resides or, if it is in detention, in whose the territorial constituency is the place of possession, in order to notify the court of appeal. Art. 134 134 para. ((2) lit. a)-d) and para. ((4), as well as of art. 135 135 para. ((1) and (4)-(10) shall apply accordingly, if not contrary to this section. (2) The court judges in complete form of a single judge, in the council chamber, with the summoning of the convicted person. The prosecutor's participation is mandatory (3) The object of the procedure for recognition of foreign court decision is the verification of the conditions provided in art. 136 136 para. ((1) lit. a), b), d), e) and para. ((2)-(4) and, if they are fulfilled, the award of the foreign court decision of legal effects on the territory of Romania. Depending on the nature of the sentence and if the conditions of the Romanian law are met, the court may order the application of one of the measures to individualize the execution of (4) At the express request of the issuing state, one of the preventive measures provided by the Code of Criminal Procedure can be taken against the convicted person. The choice of the measure to be taken shall be made taking into account the punishment imposed in the issuing State, the nature of the offence, the health, age, history and other situations concerning the person to whom the measure is taken. (5) The measure of preventive arrest can be taken against the convicted person, if the crime committed is part of one of the categories of crimes provided for in art. 96 96 para. (1) and there are one of the following situations: a) the convicted person fled the issuing state in order to evade prosecution, judgment or execution of the sentence and took refuge on the territory of Romania; or b) the sentence imposed by the foreign court or the remaining remaining to be executed is at least one year imprisonment. (6) The duration of the preventive measure may not be more than 180 days. Preventive measures shall cease from law: a) at the expiry of the term stipulated by law or at the expiry of the term established by the b) when, prior to the delivery of a decision on recognition of the foreign court decision, the duration of the preventive arrest or house arrest has reached the length of the prison sentence applied abroad; or --------- Lit. b) a par. ((6) of art. 137 137 has been amended by section 4.2 27 27 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. c) if the preventive arrest was previously ordered to receive the request for recognition and execution of the foreign court decision, when, within 30 days from the date of the preventive arrest, they were not received by the specialized directorate from the Ministry of Justice the documents and information provided in art. 132. (7) The legal situation of the convicted person cannot be aggravated as an effect of the duration of the preventive measure of freedom applied by the Romanian judicial body. (8) The sentence shall be drawn up no later than 10 days after the ruling. Against it I can declare appeal, within 10 days, the prosecutor, ex officio or at the request of the Minister of Justice, as well as the convicted For the prosecutor, the term flows from the ruling. For the convicted person, the term flows from the ruling or, if it was absent from both the debates and the ruling, from the communication of the copy on the device. The file will be submitted to the appellate court within 3 days and the appeal be judged in 10 days, in the council chamber, without summoning the convicted person. The prosecutor's presence is mandatory --------- Alin. ((8) of art. 137 137 has been amended by section 28 28 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. -------- Article 137 has been amended by section 6.6. 47 47 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 138 Notification of the foreign court decision and appeal of the convicted person (1) If the foreign court decision was given in absentia, the prosecutor, receiving the file, shall notify the convicted person of the decision. The notification shall contain the following particulars: a) that a request for execution on the territory of Romania of a sentence has been received; b) that it has the right to challenge the foreign court decision and to file an appeal in this regard, if this right is conferred on it by the law of the issuing state; c) that the appeal is subject to the jurisdiction of the issuing State; d) that the appeal is submitted to the competent prosecutor's office, according to art. 137 137; e) that the deadline for filing the appeal is 30 days and flows from the date of receipt of the notification; f) that the non-filing of the appeal within the 30-day period has as a consequence the consideration of the foreign court decision as rendered in its presence. (2) A copy of the notification shall be communicated to the specialized department of the Ministry of Justice which shall submit it to the issuing State. (3) When at the expiration of the 30 days it is found that the convicted person has not filed an appeal, the prosecutor notifies the competent court of appeal according to art. 137. (4) When the expiry of the 30 days is found that the convicted person filed an appeal, the prosecutor orders the ranking, returns the file to the specialized directorate of the Ministry of Justice and, at the same time, conveys his appeal, as well as and the documents filed by the convicted person. -------- Article 138 has been amended by section 6.6. 47 47 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Chapter III Special recognition and enforcement procedures -------- Chapter III was introduced by item 47 47 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 139 Recognition and enforcement of criminal and administrative law sanctions applied by foreign judicial bodies and judicial expenses (1) Recognition and enforcement of judgments or foreign criminal orders by which sanctions of criminal or administrative law have been applied or ordered to be ordered to pay legal expenses take place under the conditions the treaty applicable between Romania and the requesting foreign state or, in its absence, under the conditions provided by this law, as well as by the Code of Criminal Procedure, if the condition of reciprocity is fulfilled. (2) When it finds that the issuing state has transmitted the documents and information provided for in art. 132, the Ministry of Justice, through the specialized direction, submits to the prosecutor's office of the court in whose territorial constituency the person against whom that sanction was applied or who was obliged to pay judicial expenses, in order to notify the competent court. When the person has no domicile or lives on the territory of Romania, the competence belongs to the District Court 2 Bucharest. (3) The court judges in a panel of a single judge, in the council chamber, with the citation of the parties The prosecutor's presence is mandatory The court decides by sentence. The sentence can be appealed, within 10 days of the ruling, by the prosecutor or by the interested person. The case will be submitted to the appellate court within 3 days and the appeal is adjudicated within 10 days. --------- Alin. ((3) of art. 139 139 has been amended by section 29 29 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (4) The enforcement of the decaders, as well as of other criminal provisions of the judicial decision or the foreign criminal ordinance, takes place only if the Romanian criminal law provides for the crime committed to the application of such a measure or decay. (5) When applying for the execution of the criminal or administrative fine or of judicial expenses, the competent court shall change its amount in the monetary unit of the Romanian state, applying the parity of exchange in force at the time delivery of judgment. (6) The amount of the criminal or administrative fine resulting from the conversion may not exceed the general maximum limit provided by the Romanian law. However, the court will be able to maintain and enforce the criminal or administrative fine, up to the level of the amount pronounced in the foreign state, when the Romanian law provides for the act committed a more severe sanction than that provided by the law of the issuing state (7) The provisions of foreign court decisions falling under the provisions of art. 135 135 or 137, as appropriate. (8) The final judgment is communicated to the specialized department of the Ministry of Justice. -------- Article 139 has been amended by section 6.6. 47 47 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 140 Recognition and enforcement of foreign confiscation decisions ((1) The recognition and enforcement of confiscation decisions issued by third States shall take place under the conditions of the applicable treaty between Romania and the issuing foreign state or, in its absence, under the conditions provided for by this Law, as well as by Code of criminal procedure, if the condition of reciprocity is fulfilled. (2) In the meaning of paragraph ((1), by confiscation decision means a sentence or a final measure ordered by a competent judicial authority of the issuing state in connection with one or more crimes, resulting in the final dispossession of that good. ((3) Recognition and enforcement of decisions ordering measures equivalent to confiscation, which, according to the Romanian law, do not constitute criminal sanctions, can be ordered only if: a) the measures result in the final dispossession of those goods; b) the measures were ordered by a competent judicial authority of the issuing State, in connection with one or more criminal acts; and c) goods or instruments are produced in connection with them. (4) The competence of the recognition and enforcement of the decisions referred to in par. ((1) and (3) belong to the tribunal in whose constituency the respective property is located. 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. (5) The court judges in complete form of a single judge, in the council chamber, with summoning the parties. The prosecutor's presence is mandatory The court decides by sentence. The sentence can be appealed, within 10 days of the ruling, by the prosecutor or by the interested person. The case will be submitted to the appellate court within 3 days and the appeal is adjudicated within 10 days. --------- Alin. ((5) of art. 140 140 has been amended by section 30 30 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (6) When there is reasonable suspicion of the existence of a concrete danger of concealment, destruction, alienation or absconding of property subject to confiscation, the court may, ex officio or at the request of the issuing State, apply or the prosecutor, the measure of preservation, by the establishment of a seizure, of movable or immovable property for confiscation. The court orders by reasoned conclusion, in the council chamber, without citing the parties. The prosecutor's presence is mandatory The conclusion can be appealed with the sentence provided in par. ((5). (7) When the confiscation of an amount of money is requested, the competent court shall change its amount in the monetary unit of the Romanian state, applying the exchange parity in force at the date of delivery of the sentence. (8) When the confiscation of a determined good is requested, the recognition of the foreign decision shall take place only if the Romanian law regulates for the act committed the confiscation, unless the applicable treaty provides otherwise or when the Romanian law provides for the act committed a sanction more severe than that provided by the law of the issuing state. (9) Provisions art. 248 248 para. ((2)-(4), art. 260 260, 267 and 268 shall apply accordingly, if not contrary to this section. Art. 265 265 para. ((1)-(3) shall apply unless otherwise provided for in the treaty between Romania and the issuing State or, when the treaty does not contain provisions in this regard, unless otherwise agreed between the Romanian and foreign competent authorities. For Romania the competent Romanian authority is the Ministry of Justice. (10) The decisions provided in par. ((1) and (2) are executed if they are enforceable and is not an incident one of the reasons provided in art. 136 136 para. ((2) lit. a)-c), k) and art. 262 262 para. ((1) lit. b)-h) and para. ((4). (11) The final judgment provided in par. (5) are communicated to the specialized department of the Ministry of Justice. -------- Article 140 has been amended by section 6.6. 47 47 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 140 ^ 1 Recognition of foreign court decisions, with a view to producing effects other than that of execution in detention, as well as other judicial acts issued by foreign authorities (1) Recognition, by main way, of foreign court decisions, in order to produce legal effects, other than execution in detention of punishment, shall be made upon referral to the person concerned or the prosecutor, under the conditions the treaty applicable between Romania and the issuing state, by the court in whose constituency it resides. (2) The recognition of foreign court decisions, in order to produce legal effects, other than execution in detention of punishment, is also incidentally, in the course of an ongoing criminal trial, by the prosecutor, in the criminal prosecution, or by the court on whose role the case for settlement is located. (3) In the situations provided in par. ((1) and (2), the lack of a treaty does not prevent the recognition of foreign court judgment, if it proves necessary to settle a criminal case or contribute to the improvement of the situation of the defendant or of the convicted person or its reintegration. Art. 131 131 para. ((1), art. 132, 135 and art. 136 136 para. ((2) shall apply accordingly. (4) Judicial acts emanating from a competent foreign judicial authority may be recognized by the prosecutor who conducts or supervises the prosecution or the court, if it proves necessary to settle a case criminal or may contribute to the improvement of the situation of the person investigated or of the convicted person or his reintegration. The foreign judicial act cannot be conferred, as an effect of recognition, a higher evidentiary force than the one it has in the issuing state. -------- Art. 140 ^ 1 was introduced by item 47 47 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Chapter IV Recognition and enforcement of judgments and other procedural acts issued by the Romanian judicial authorities -------- Chapter IV, Title V has been introduced by point 47 47 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Section 1 Transfer from Romania to other states of convicted persons, in execution, in detention, of sentences or custodial measures -------- Section 1, head. IV, Title V has been introduced by item 47 47 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 140 ^ 2 Conditions for the transfer to the state of execution of persons held in penitentiaries or medical facilities in Romania (1) Any person convicted in Romania who is a citizen of a third country or who lives in the territory of a state other than that of nationality and wishes to be transferred to its territory may request directly or through the judge delegate for the execution of the custodial sentences designated for the penitentiary in which this or the management of the unit in which the initiation of the transfer procedure in the executing State is admitted. (2) If the convicted person has multiple citizenship, one of which is of the Romanian state, foreign citizenship will be considered as dominant only if the foreign state is the state on the territory of which the Romanian citizen lives. Where one of the citizens is of another Member State of the European Union, the procedure provided for in Title VI shall apply as a matter of priority, unless that Member State has declared that it does not wish to take the execution of the sentence applied to the convicted person or when the provisions of art. 149 149 para. ((2). The documents and information provided in art. 132 shall be transmitted to a single executing State once. (3) The procedure shall not be initiated when it has been ordered to postpone or discontinue the execution of the prison sentence or the life of detention or the removal or modification of the sentence. At the same time, the procedure is not initiated when the convicted person absconded from the execution of the sentence, leaving the country, and for the execution of the court decision to have previously resorted to the extradition procedure or the European mandate of Arrest. ((4) Request the initiation of the procedure referred to in par. (1) does not entail the obligation to transmit the state of execution of the documents and information provided in art. 132, when: a) it is appreciated, either by the executing State or by the competent Romanian authorities, that the execution of the sentence in the executing State would not serve the purpose of facilitating the social rehabilitation and reintegration into society of the convicted person; or b) until the date of initiation of the procedure, the convicted person did not pay the criminal fine, judicial fine, state advanced judicial expenses, those due to the parties and civil damages; or c) the convicted person has to serve less than 6 months imprisonment or could be conditionally released before the full execution of the sentence in the next 6 months; or d) the judgment is not final or against the judgment the person exerted an extraordinary remedy; or e) the convicted person is investigated in another criminal case; or f) the person was convicted of serious crimes that had a deeply adverse echo in the public opinion in Romania; or g) there are sufficient indications that, once transferred, the convicted person could be released immediately or in a far too short term compared to the duration of the sentence remaining to be executed according to the Romanian law or as the special maximum limit of the sentence provided by the law of the issuing state for the crime committed is less than the special maximum limit provided by the Romanian criminal law; or h) following the consultation, the executing state said that it does not agree to take over the execution of the sentence imposed by the Romanian court. (5) By exception to the provisions of par. ((4) lit. a)-c), f) and g), requesting the initiation of the procedure referred to in par. (1) draws the obligation to transmit to the executing State the information and documents provided for in art. 132 when the convicted person was previously handed over, as an effect of an extradition request made by the Ministry of Justice or a European arrest warrant issued by the competent Romanian court, under the condition that, in case of conviction, the person is returned to the executing State. (6) When the person is admitted to a medical facility in Romania in the execution of a custodial measure applied to it as a result of the commission of a crime, the provisions provided in par. ((1)-(5) shall apply accordingly. -------- Art. 140 ^ 2 was introduced by item 47 47 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 140 ^ 3 Prior procedure (1) The object of the prior procedure is the verification by the delegated judge for the execution of custodial sentences, designated for the penitentiary in which the convicted person is located, of the conditions provided in art. 140 ^ 2 para. ((4) lit. b)-f) and the situations referred to in par. ((2). (2) The judge delegate for the execution of custodial sentences, designated for the penitentiary in which the convicted person is located, checks: a) in the case of persons who were previously handed over on the basis of an extradition request made by the Ministry of Justice or a European arrest warrant issued by the competent Romanian court, if the handover was carried out under the condition of return to conviction case, making mention of this in the reference provided in par. ((4); b) if the convicted person agrees to be transferred to the executing State. For this purpose, the judge delegated for the execution of custodial sentences, designated for the penitentiary in which the convicted person is located, listens to that person, at the place of possession, in the presence of an appointed lawyer ex officio or elected and, if the convicted person expressly requests, of the diplomatic or consular representative of the executing state, drawing up in this regard a minutes signed by the judge, convicted person and lawyer. It also informs him that, according to the Romanian law, the consent of the convicted person is irrevocable; c) if the expulsion safety measure has been applied to the convicted person. (3) When, depending on the circumstances of the case, he considers it necessary, the judge delegated for the execution of custodial sentences, designated for the penitentiary in which the convicted person is located, requests: a) the department of social reintegration within the penitentiary to draw up a reference for the assessment of the convicted person, setting in this regard a term that cannot be more than 10 days; b) request the specialized directorate of the Ministry of Justice to consult the competent authority of the executing State on the possible release of the convicted person before his/her term and with regard to the procedure the executing State will apply it to the transfer of the convicted person. (4) The reference drawn up by the judge delegated for the execution of custodial sentences, designated for the penitentiary in which the convicted person is located, the minutes provided in par. ((2) lit. b) and the documents and information provided in art. 132 lit. a), c), d)-f), h) and i) shall be transmitted to the specialized directorate of the Ministry of Justice. (5) If the provisions of art. 140 ^ 2 para. ((4) lit. b)-f), informs in this regard the specialized direction within the Ministry of Justice and the convicted person. (6) After receiving the documents and information provided in par. (4), the Ministry of Justice shall take measures to translate, if any, the executing State. -------- Art. 140 ^ 3 was introduced by item 47 47 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 140 ^ 4 Judicial procedure (1) If the executing State agrees that the convicted person should be transferred, the specialized department of the Ministry of Justice shall transmit the documents and information provided in art. 140 ^ 3 para. (4), as well as those communicated by the state of execution to the prosecutor's office of the court in whose constituency the place of possession is located, in order to notify the competent court. The court's referral is made no later than 15 days after the registration of the case at the parquet. (2) The duration of the judicial procedure is 30 days from the date of registration of the case to court. The court judges, in complete form of a single judge. The court decides in the council chamber, with the citation of the convicted person. The prosecutor's presence is mandatory (3) The court shall verify the works of the file and, on the basis of the findings, shall order, (i) transfer to the executing State of the convicted person; or (ii) the rejection of the request for transfer. The Court shall determine, where appropriate, a time limit for the review by the Judge Delegated for the execution of custodial sentences, designated for the penitentiary in which the convicted person is situated, of the situation of the convicted person, that can't be less than a year old. (4) The decision shall be communicated to the specialized department of the Ministry of Justice, as well as to the competent Romanian authorities to ensure the surrender -------- Art. 140 ^ 4 was introduced by section 4. 47 47 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Section 2 Recognition and enforcement, in the territory of other states, of judicial decisions and other procedural acts issued by the Romanian judicial authorities -------- Section 2, head. IV, Title V has been introduced by item 47 47 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 140 ^ 5 Delegation of the execution of the sentence of life or imprisonment or of the custodial measure (1) The execution of a court decision given by a Romanian court may be delegated to a third country only if the convicted person is on the territory of the executing State and there are incidents one or more of the following cases: a) the convicted person has the habitual residence in the other b) the convicted person is a citizen of the other state c) the executing State is the home state of the convicted person, and he stated that he agrees to take the execution of the sentence; d) if the execution of the sentence in the other state is likely to improve the possibilities of social reintegration of the convicted person; e) if it is a custodial sentence that could be executed in the other state, in continuation of another custodial sentence that the convicted person executes or is expected to execute in this state, except in the case of which the convicted person is to be brought from the executing State to Romania on the basis of an extradition request or a European arrest warrant or transferred for the execution of the sentence imposed by the foreign authorities in a penitentiary of Romania; f) if it is assessed that the enforcement court is not in a position to ensure the execution of the sentence, even using the issuance of a European arrest warrant or the request for extradition, and the other state has this possibility. (2) In this regard, the court of execution, ex officio or at the request of the competent prosecutor or of the convicted person, proposes motivated the specialized department of the Ministry of Justice to request the foreign state to recognize and execute the documents and the information provided in art. 132. ((3) The application for recognition and enforcement of the judicial decision shall be drawn up and transmitted to the executing State if, following the control of international regularity, it is found that between Romania and the executing State there is an applicable treaty which contains provisions to that effect. The lack of a treaty does not preclude the transmission of the application for recognition and enforcement of the judgment when the executing State has declared that it agrees to take the execution of the sentence or the custodial measure. (. The documents provided for in the applicable international treaty or, in the absence of a treaty, the documents and information provided for in art. 132 132. The translation of the documents is carried out by an authorized translator, at the request of the specialized directorate of the -------- Art. 140 ^ 5 was introduced by item 47 47 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 140 ^ 6 Execution of other criminal provisions of the judgment, as well as other procedural acts issued by the Romanian judicial authorities The execution, in the territory of another state, of other criminal provisions of the judicial decision and of other procedural acts issued by the Romanian judicial authorities takes place under the conditions of the applicable treaty between Romania and the foreign state or, in lack thereof, on the basis of reciprocity, where consultation with the executing State is found to be fulfilled. -------- Art. 140 ^ 6 was introduced by item 47 47 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Title VI Provisions on cooperation with the Member States of the European Union in application Framework Decision 2008 /909/JHA of the Council of 27 November 2008 on the application of the principle of mutual recognition in the case of judgments in criminal matters imposing penalties or custodial measures for the purposes of their execution in the European Union -------- Title VI has been amended by point 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Chapter I General provisions -------- Chapter I, Title VI has been amended by point 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 141 Scope of application ((. This Title shall apply in relation to the Member States of the European Union which have transposed Framework Decision 2008 /909/JHA of the Council of 27 November 2008 on the application of the principle of mutual recognition in the case of judgments in criminal matters imposing penalties or custodial measures for the purposes of their execution in the European Union. In relation to the Member States which have not transposed the Framework Decision, the provisions of Title V. ((. This title shall also apply in relation to the States with which Romania has concluded a treaty containing provisions similar to the Framework Decision. -------- Article 141 has been amended by section 1. 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 142 Competence of Romanian judicial authorities (1) When Romania is a state of execution, and the convicted person is held in another Member State of the European Union, the recognition and enforcement, on the territory of Romania, of the foreign court decision, in order to transfer the convicted person, is of the jurisdiction of the appellate court in whose constituency he resides. If the convicted person is not domiciled on the territory of Romania, the competence belongs to the Bucharest Court of Appeal. (2) When Romania is a state of execution, and the convicted person is on the territory of Romania, the recognition and enforcement of the court decision transmitted by the issuing state is within the jurisdiction of the appellate court in whose constituency territorial domicile person convicted. If the convicted person is not domiciled on the territory of Romania, the competence belongs to the Bucharest Court of Appeal. When the convicted person is in Romania, in the execution of a sentence, the competence of the recognition and enforcement belongs to the court of appeal in whose territorial constituency the court of possession is located. (3) When Romania is a state of execution, the Prosecutor's Office of the Bucharest Court of Appeal is competent to receive the request of the issuing state made according to art. 161 161. In case of art. 161 161 para. (9), the prosecutor's office competent to receive the court decision and the certificate shall be that of the court of appeal referred to in par. ((4). (4) In the case provided for in art. 161 161 para. (9), the court of appeal of which the judge who took the preventive measure or in addition to which the prosecutor's office of which the prosecutor who took the preventive measure works is competent to recognize and enforce the judgment the court sent by the issuing State. (5) When Romania is an issuing state and the convicted person is in the territory of another Member State of the European Union, the power to request the latter State to take a preventive measure and the recognition and enforcement of the Romanian court decision belongs to the enforcement court -------- Article 142 has been amended by section 4.2. 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 143 Competence of Romanian administrative authorities (1) The Ministry of Justice, through the specialized direction, fulfils, as the case may be, the duties provided 152 152 and 164, as well as any other duties provided for in this Title. (2) The International Police Cooperation Center of the General Inspectorate of the Romanian Police: a) ensure the transfer, under escort, from Romania to the executing state, of the convicted person, according to art. 146 146 para. ((3); b) inform the specialized department within the Ministry of Justice, the competent court of appeal and the enforcement court regarding the transfer of the convicted person from Romania to the executing state; c) at the request of the court vested with the resolution of the extraordinary remedy ensures the bringing, under escort, from the state of execution in Romania of the transferred person, unless the task of bringing to the country lies with the state of Execution. (3) National Administration of Prisons: a) inform convicted persons in penitentiaries in Romania, to whom the provisions of this title may be applied, regarding their right to request the execution of the sentence in the executing state; b) ensure the takeover, at the date of bringing to the country the convicted person, transferred according to art. 146 146 para. ((1); c) after receiving in the penitentiary the convicted person transferred according to art. 146 146 para. (1), informs the competent court of appeal and the specialized direction of the Ministry of Justice: ((i) with regard to the place of possession, the enforcement regime established and the measures taken, where appropriate; ((ii) where the convicted person has escaped and it has not been possible to catch him; d) at the expiry of the term of the prison sentence, at the term decided by the court in case of conditional release, as well as on any other date determined by the competent judicial bodies in the specific situations provided by law, communicate immediately The Ministry of Justice and the General Inspectorate of the Border Police to release convicted persons, transferred according to art. 146 146 para. ((1). The General Inspectorate of the Border Police informs the specialized department of the Ministry of Justice, if within the deadline provided in art. 157 lit. c) the released person left the territory of Romania e) in the case of conditional release or pardon of the remaining remaining unexecuted from the punishment, communicate to the specialized department of the Ministry of Justice the number of days left to be executed. -------- Article 143 has been amended by section 6.6. 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 144 The law governing enforcement (1) When Romania is a state of execution, the execution of a sentence or custodial measures applied by a court decision, recognized by the Romanian court, is governed by the Romanian law. The duration of the custodial period executed in the issuing state is deducted from the total duration of the sentence or the custodial measure to be executed in Romania. Amnesty or pardon can be applied both by the Romanian state and by the issuing state. (2) When Romania is an issuing state, the execution of a sentence or custodial measures, imposed by a court decision recognized by the competent authority of the executing state, is governed by the law of the state of execution. Amnesty or pardon can be applied both by the Romanian state and by the executing state. (3) Provisions art. 133 133 para. ((2)-(5) shall apply accordingly. -------- Article 144 has been amended by section 4.2. 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 145 Transiting (1) The transit of the territory of Romania of a person transferred from a Member State to another Member State of the European Union is approved by the specialized department of the Ministry of Justice, on the basis of the request ((. The application shall be made in writing and shall be accompanied by the copy of the certificate set out in Annex no. 5. If the certificate is not accompanied by a translation into Romanian, the requesting state may request permission to transmit later the translation into Romanian. The Romanian authority competent to receive the transit request is the International Police Cooperation Center of the General Inspectorate of the Romanian Police. (3) It is not necessary to approve the transit, if the person is transported by plane and a stopover is not provided on the territory of Romania. In the case of an unplanned escale, the transit shall be approved on the basis of a written request and the certificate. The application will be confirmed in writing, no later than 24 hours, by the competent authority of the requesting State. By exception to para. (1), the transit of the territory of Romania is approved by the General Inspectorate of the Border Police. (4) A sentence imposed in Romania against the person referred to in par. (1) does not constitute an impediment to the transit of the territory of Romania. The court of execution, at the referral of the specialized directorate of the Ministry of Justice, of the International Police Cooperation Center of the General Inspectorate of the Romanian Police or of the body to which it is executed the mandate of execution of the sentence or the court decision, verifies whether the surrender of the person who will transit through the territory of Romania or the execution of the sentence or the custodial measure on the territory of the Member State in which the person is transferred. (5) If the person who transits the territory of Romania has been issued a preventive arrest warrant or a custodial measure has been ordered, the prosecutor who carries out or supervises the prosecution or the court on whose role he is the case, ex officio, at the referral of the specialized directorate of the Ministry of Justice, of the International Police Cooperation Center of the General Inspectorate of the Romanian Police or of the body to which the mandate of execution of the sentence or the court decision, verify that the surrender can be requested the person who will transit through the territory of Romania or if he can be requested by the Member State in which the person is transferred to take over the prosecution or (6) In application of para. (1), the Ministry of Justice, through the specialized direction, decides, on the basis of the reference prepared by the International Police Cooperation Center of the General Inspectorate of the Romanian Police, on the transit request, within the days after receiving it. The decision will be postponed until the translation requested according to the provisions of par. ((2). (7) The expenses occasioned by transiting on the territory of Romania shall be borne by the requesting State, except when it bears the expenses occasioned by a similar request made by the Romanian authorities. In this regard, the Ministry of Justice may request reciprocity insurance. (8) The application for transit of the territory of another Member State concerning a person to be transferred from Romania to the issuing State shall be formulated by the specialized department of the Ministry of Justice, upon referral to the Cooperation Center International Police from the General Inspectorate of the Romanian Police or the issuing state. -------- Article 145 has been amended by section 6.6. 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 146 Transfer, under escort, of the convicted person (1) The transfer from the issuing state to Romania of a convicted person shall take place on the date agreed upon by the Romanian competent authorities and those of the issuing state, no later than 30 days after the final stay of the decision provided in art. 154. (2) If unforeseen circumstances prevent the transfer of the convicted person within the established period, the authorities provided in par. (1) contact each other without delay and set a new date. In this case, the transfer shall be made within 10 days of the new date thus fixed. (3) The transfer from Romania to the executing state of the convicted person, serving the sentence in a penitentiary in Romania, takes place on the date agreed upon by the International Police Cooperation Center of the The General Inspectorate of the Romanian Police and the competent authority of the executing State, no later than 30 days after the final stay of the decision given by the competent authority of the executing State. Provisions of paragraph ((2) shall apply accordingly. -------- Article 146 has been amended by section 6.6. 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 147 Consequences of transferring the convicted person When Romania is an issuing state, the execution, as the case may be, of the sentence or the custodial measure or of the rest left unexecuted is the jurisdiction of the Romanian court, whenever: a) the certificate and the judgment are withdrawn before the executing State carries out the sentence or the custodial measure; b) the executing State refuses to recognize and enforce the sentence or the custodial measure applied by the Romanian court; c) the executing State expressly waives its right of execution; d) the executing State shows that it can no longer execute the sentence or the custodial measure, as the convicted person has escaped and has not been found on his territory; e) the executing state shows that it cannot enforce the punishment or the custodial measure, as the convicted person has not been found on his territory. -------- Article 147 has been amended by section 6.6. 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 148 Expenditure (1) The expenses related to the transfer of the convicted person, under escort, from the issuing state to Romania, shall be borne by the issuing state. The issuing State shall bear any other expenses incurred exclusively in its territory prior to the transfer of the convicted person. (2) The expenses related to the transfer, under escort, of the convicted person from Romania to the executing state shall be borne by the Romanian state. The Romanian state bears any other expenses made exclusively on its territory, prior to the transfer of the convicted person. -------- Article 148 has been amended by section 4.2. 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 149 Application in time (1) Romania, as an issuing and executing State, shall apply the provisions of this title to the recognition and enforcement of final judicial decisions rendered both before and after the entry into force of this Law. (2) When another Member State of the European Union declares that, as an executing State, it does not apply Framework Decision 2008 /909/JHA final court decisions rendered before 5 December 2011, the recognition and enforcement of the Romanian judgments on the territory of that State shall be requested in accordance with the procedure laid down in Title V. ((3) The provisions of Title V shall also apply where the issuing State is another Member State of the European Union, which declares that it does not apply the framework decision referred to in paragraph 1. ((2) final court decisions rendered before 5 December 2011. -------- Article 149 has been amended by section 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Chapter II Execution on the territory of Romania of the sentences or custodial measures applied by the courts of other Member States of the European Union -------- Chapter II, Title VI has been amended by point 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Section 1 Common provisions -------- Section 1, head. II, Title VI has been amended by section 6.6. 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 150 General conditions The judgments given by the courts of other Member States of the European Union shall be recognised and executed on the territory of Romania on the basis of the principle of mutual trust and in accordance with the provisions of this Chapter, nature to produce legal effects according to the Romanian criminal law and not contrary to the public order of the Romanian state -------- Article 150 has been amended by section 6.6. 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 151 Reasons for non-recognition and non-performance (1) A court decision given in another Member State of the European Union shall not be recognized and enforced in Romania, even if the conditions laid down in art. 155, when: a) the person was definitively convicted in Romania for the same criminal acts. If the foreign court decision has been given for other criminal acts, the court may order its partial recognition, if the other conditions are met; b) the person was convicted in another state for the same criminal acts, and the foreign court decision given in this state was previously recognized and enforced on the territory of Romania; c) the convicted person benefits in Romania from immunity from criminal jurisdiction; d) the punishment was imposed on a person who is not criminally liable according to the Romanian criminal e) the punishment consists of a measure consisting of psychiatric or medical assistance that cannot be executed in Romania or, as the case may be, provides for a medical or therapeutic treatment that cannot be supervised in Romania, in accordance with the system national legal or health; f) when, according to the Romanian criminal law, the prescription of execution of the sentence intervened; g) where the convicted person has not been personally present at the judgment, unless the issuing State informs that, in accordance with its legislation: (i) the person was in good time, in a timely manner, by written citation personally handed or by telephone notification, fax, e-mail or by any other such means, with regard to the day, month, year and place of appearance and to the legal consequences in case of no-show; or (ii) the person, having knowledge of the day, month, year and place of appearance, has mandated his chosen or appointed public defender to represent her, and the legal representation before the court was effectively carried out by the lawyer. respectively; or (iii) after having been personally handed the judgment of conviction and was aware that the judgment is subject to an appeal, during which the competent court can verify the judgment under appeal including on the basis of new evidence and that, following the resolution of the appeal, to the judgment of which may participate personally, the judgment of conviction may be abolished, the convicted person either expressly waived the remedy or declared, within the period prescribed by law, that path of attack. (2) The judgment given in another Member State of the European Union will not be recognized or, if it has been recognized, will not be enforced, when, according to the Romanian law, amnesty, pardon, decriminalization of the act, as well as in any other cases provided by law. ((. On a case-by-case basis, taking into account the specific circumstances of the case and after consulting the competent authority of the issuing State, the court may refuse the recognition and enforcement of the judgment transmitted by the issuing State, if: a) the person is investigated in Romania for the same criminal act for which he was convicted abroad. If the court decision has been given for other criminal acts, the court may order its partial recognition, if the other conditions are met; b) where the issuing State has rejected the application made pursuant to art. 158 158 para. ((1). -------- Article 151 has been amended by section 1. 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 152 Ministry of Justice The Ministry of Justice, through the specialized direction, is competent: a) receive the decision and certificate set out in Annex no. 5, transmitted by the issuing state, translated into Romanian, unless the provisions of art. 161 161 para. ((9); b) in the case of convicted persons, in other Member States of the European Union, in the execution of a sentence, to receive their requests for the initiation of the procedure of transmission by the issuing state of the court decision and of the certificate; c) to request the issuing State, ex officio or at the request of the convicted person, to transmit the court decision and the certificate; d) consult, ex officio or at the request of the competent court, the competent authority of the issuing State; e) to carry out regular checks and to request, as appropriate: (i) completion or correction of the certificate; (ii) the statement of the convicted person (iii) notification addressed to it, set out in Annex no. 6 6; (iv) where the sentence imposed is a custodial measure, a copy of any report or any forensic finding or any other medical acts attesting to the person's physical and mental state, the treatment followed by this on the territory of the issuing state and possible recommendations for further treatment in Romania; f) to suspend the transmission to the competent Romanian court of the decision and the certificate, when the certificate is incomplete or does not correspond to the court decision or is missing one of the documents mentioned in lett. e) section ((iii) and (iv); g) to refund the court decision and the certificate, if the issuing state did not transmit the documents provided in lett. f), until the expiry of a period of 60 days; h) to check the domicile of the convicted person, in order to establish the authority provided in 142 142; i) to refuse to initiate the procedure for the recognition of the foreign court decision, when, on the date of its receipt, of the sentence imposed on the convicted person remained to be executed for less than 6 months, unless the person convicted is on the territory of Romania; j) inform the competent authority of the issuing state of the steps taken according to art. 153 153 para. ((1); k) to communicate, at the express request of the issuing state, information on the conditional release of the convicted person. -------- Article 152 has been amended by section 2. 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Section 2 Transfer of convicted persons, held in other Member States of the European Union, in order to execute the sentence or custodial measure in a penitentiary or health facility in Romania -------- Section 2, head. II, Title VI has been amended by section 6.6. 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 153 Measures prior to court referral ((. Where it is found that the issuing State has transmitted the judgment and the certificate set out in Annex no. 5, as well as, if applicable, the information provided in art. 152 lit. e) section (ii)-(iv), the Ministry of Justice, through the specialized direction, submits to the prosecutor's office of the appellate court in whose constituency the convicted person resides, in order to notify the court of appeal. The court's referral is made no later than 20 days from the date of registration of the case at the parquet. (2) The prosecutor, receiving the file, checks if: a) the execution of the court decision transmitted by the issuing state in Romania would be contrary to the principle non bis in idem; b) the convicted person is under criminal investigation in Romania for the same crimes for which the court decision transmitted by the issuing state was handed; c) the convicted person is under criminal investigation in Romania for crimes other than those for which the court decision transmitted by the issuing state was handed. If applicable, inform the prosecutor who conducts or supervises the prosecution or the court on whose role the case for resolution on the effects of the specialty rule is located and, when there are no incidents the provisions of art. 155 155 para. ((1) lit. a), b), d) and e), request the transmission of the information provided in art. 86 86 para. ((1); d) is incident any of the reasons for non-recognition and non-execution provided in art. 151. (3) Information necessary for the checks provided in par. ((2) lit. b) and c) are communicated to the prosecutor, no later than 5 days from the date of receipt of the request. (4) If the provisions of paragraph 1 are incidental. ((2) lit. c), the prosecutor who performs or supervises the prosecution or the court on whose role the case for resolution is located, on the right of the convicted person to apply the rule of specialty, according to art. 157. (5) If, until the court is notified, the issuing state withdraws its certificate, the prosecutor orders the ranking and refund the file of the specialized directorate of the Ministry of Justice. -------- Article 153 has been amended by section 3. 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 154 Duration and subject of the judicial procedure for the recognition and enforcement of the judgment (1) The president of the court or the judge delegated by him fixes the term of trial, which cannot be more than 10 days from the date of registration of the case to the court. The duration of the procedure is 30 days from the date of registration of the case to the court, unless the provisions of art. 158 158 para. ((1). In this case, the duration of the proceedings is 60 days from the date of registration of the case to court. (2) The court judges in complete form of a single judge, in the council chamber, without the summoning of the convicted person. The prosecutor's participation is mandatory (3) The object of the procedure is to verify the conditions provided in art. 155 155 and, if they are satisfied, the execution of the court decision transmitted by the issuing State. Civil provisions, provisions relating to pecuniary penalties, precautionary measures or legal expenses, as well as any provisions of the court decision transmitted by the issuing State other than those concerning the execution of the sentence the prison or the custodial measure is not the subject of this procedure. (4) If the person has been convicted of several offences, the verification of the conditions shall be made for each offence in part. When conditions are met only for some of the offences, the court may order partial recognition of the judgment. In this case, prior to the sentence provided in par. (6), the court asks the issuing state, directly or through the specialized directorate of the Ministry of Justice, to specify whether and under what conditions it agrees with partial recognition, as well as whether it withdraws its certificate. (. If, prior to the final settlement of the case, the issuing State withdraws its certificate, the court shall reject the application as unsupported. (6) The court examines the foreign court decision, verifies the works of the file and, on the basis of the findings, pronounces a) order, by sentence, the execution in Romania of the sentence imposed by the court of the issuing state b) if the nature or duration of the sentence applied by the foreign court does not correspond to the nature or duration of the sentence provided by the Romanian criminal law for similar crimes, it adapts, by sentence, the punishment imposed by the court of the according to para. ((8) and (9); c) orders, by sentence, the rejection of the application for execution in Romania of the court decision transmitted by the issuing state. (7) In order to pronounce one of the solutions provided in par. (6), the court may consult, directly or through the specialized directorate of the Ministry of Justice, the competent authority of the issuing state, without the procedure of consultations to extend the duration provided in par. ((1). (8) In the case provided in par. ((6) lit. b), the court adapts the punishment imposed by the decision transmitted by the issuing state, when: a) its nature does not correspond, in terms of name or regime, to the penalties regulated by the Romanian criminal law; b) its duration exceeds, as the case may be, the special maximum limit of the sentence provided by the Romanian criminal law for the same crime or the general maximum limit of the prison sentence provided by the Romanian criminal law or when results applied in the case of a contest of crimes exceeds the total penalties established for competing crimes or the maximum general limit of the prison sentence allowed by the Romanian criminal law. The adaptation by the court of punishment imposed by the court of the issuing state consists in reducing the sentence to the maximum limit allowed by the Romanian criminal law for similar crimes. (9) The punishment established by the Romanian court according to par. ((6) must correspond, as far as possible, from the point of view of nature or duration, to that applied by the issuing State and will not aggravate the situation of the convicted person. The penalty imposed in the issuing State cannot be converted into a pecuniary punishment. (10) The sentence provided in par. ((6) shall be drawn up no later than 10 days after delivery and shall be communicated to the person convicted directly or through the authority designated by the issuing State. (11) Against the sentence provided in par. (6) may declare appeal, within 10 days, the prosecutor and the convicted person. For the prosecutor, the term flows from the ruling. For the convicted person, the term flows from the communication of the copy on the device. The file will be submitted to the appellate court within 3 days, and the appeal is judged in 10 days, in the council chamber, without summoning the convicted person. The prosecutor's presence is mandatory --------- Alin. (11) of art. 154 154 has been amended by section 31 31 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (12) The execution of the sentence is made according to the provisions of the Code of Criminal Procedure. The court shall communicate the final judgment and a copy of the warrant for the execution of the sentence of life imprisonment or prison or sentence, as the case may be, to the competent authority of the issuing State, to the International Police Cooperation Centre of the General Inspectorate of the Romanian Police, as well as, in copy, to the specialized department of the Ministry of Justice. The final decision provided in par. ((6) lit. c) shall be communicated to the competent authority of the issuing State and to the specialized directorate of the Ministry (13) If, after the execution of the term of execution of the sentence of detention for life or imprisonment, the issuing State: a) withdraws its certificate, the court orders the cancellation of the warrant for the execution of the prison sentence or life imprisonment. In this case, the sentence of the Romanian court is to produce legal effects only in terms of the state of relapse, unless the withdrawal of the certificate was made on the grounds of application of the amnesty or as a result of the fact that it was established subsequently that the person is not guilty of the offence or as a result of the death of the convicted person; b) transmit a new certificate for the execution of another sentence, the provisions of the Code of Criminal Procedure relating to the enforcement challenge, which are not contrary to the provisions of this title, shall apply accordingly. In this case, the enforcement court is the court of appeal that handed down the sentence provided in par. ((6). (14) If, after the transfer of the convicted person, the issuing State sends a new certificate for the execution of another sentence, the provisions of art. 159 159 shall apply accordingly. (15) If the court has refused recognition of the court decision transmitted by the issuing State, the request of the convicted person or the issuing State may be re-examined if new elements have intervened. -------- Article 154 has been amended by section 4.2. 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 155 Special conditions for the recognition and enforcement of the foreign court decision (1) The Romanian court recognizes and imples the court decision transmitted by the issuing state, if the following conditions are met: a) the decision is final and enforceable b) the act for which the punishment was applied would have constituted, if it had been committed on the territory of Romania, a crime and the author would have been sanctionable. If the sentence has been imposed for several offences, the verification of the condition is made for each offence in part; c) the convicted person has Romanian citizenship; d) the convicted person agrees to serve the sentence in Romania. Consent is not necessary when the convicted person is a Romanian citizen and lives on the territory of Romania or, although he does not live on the territory of Romania, will be expelled to Romania. If necessary, in relation to the age or physical or mental state of the convicted person, the consent may be given by its representative; e) is not an incident any of the reasons for non-recognition and non-performance provided in art. 151. (2) The court decision transmitted by the issuing state can be recognized and enforced and when the convicted person does not have Romanian citizenship, but lives in Romania and has a continuous and legal residence on the territory of Romania for a the period of at least 5 years and will not lose the right of permanent residence in Romania. The convicted person's consent is mandatory. -------- Article 155 has been amended by section 6.6. 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 156 Execution of the foreign court decision as an effect of a European arrest warrant (1) When, according to art. 97 97 para. (2), the surrender of a Romanian citizen from Romania, based on a European arrest warrant, was carried out under the condition of transferring him, in case of conviction in order to execute the sentence in a penitentiary or medical facility in Romania, the consent provided in art. 155 155 para. ((1) lit. d) is no longer necessary. (2) The transfer to Romania, in order to execute the sentence, is based on the certificate set out in Annex no. 5 5 and the court decision transmitted by the issuing State. (3) The provision under escort of the convicted person, the receipt and the holding in the penitentiary shall be made on the basis of the sentence by which the surrender of the convicted person was previously ordered and, if applicable, the sentence by which the consent was granted its research and for offences other than those which were the subject of the first sentence. Keeping in the penitentiary on the basis of this sentence is made for a duration that cannot exceed 90 days from the date of taking over the convicted person. The 90-day period is deducted from the sentence imposed on the convicted person. (4) After the transfer to Romania of the convicted person, the execution of the decision rendered by the court of the issuing state will be carried out by the competent Romanian court, according to art. 160. (. The provisions of this Article shall apply only if the certificate and the judgment are transmitted by the issuing State no later than 3 months after the date on which the judgment may be enforced. If the certificate and the court decision are submitted after the expiry of this period, the provisions of art. 154. -------- Article 156 has been amended by section 6.6. 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 157 Specialty rule The person transferred to Romania from another Member State of the European Union cannot be criminally investigated or sanctioned with another custodial sentence, for a crime committed prior to his transfer, other than that for which he is transferred, unless: a) the convicted person has agreed to be transferred to Romania; or b) the convicted person expressly waived the right to apply the rule of specialty to crimes committed prior to transfer to Romania. In the case of the convicted person transferred to Romania, the prosecutor who carries out or supervises the prosecution or the court shall proceed to hear the convicted person, in the presence of the lawyer elected or appointed ex officio. The declaration shall be recorded in writing and signed by the convicted person, by the lawyer, by the prosecuting body or by the presiding judge and the Registrar, as well as by an interpreter, when the declaration was made through an interpreter. The declaration of waiver of the specialty rule is irrevocable; or c) the convicted person did not leave the territory of Romania within 45 days of his final release, although he could and had permission to leave the territory of Romania or, although he came out of Romania during this time, he subsequently returned, willingly, or has been brought back, lawfully, from a third State; or d) the act is not sanctioned by the Romanian law with a punishment or custodial measure or criminal investigations do not have as a result the application of a measure limiting personal freedom; or e) the convicted person could be liable to a punishment or measure that does not involve deprivation of liberty, in particular a pecuniary penalty or an equivalent measure, even if the sanction or measure can lead to a restriction of personal freedom; or f) in any situations other than those referred to in lett. a)-e), when the issuing State agrees that the person should be criminally investigated or sanctioned for a crime committed prior to his transfer. -------- Article 157 has been amended by section 6.6. 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 158 Procedure for requesting the consent of the issuing State (1) If the provisions of art. 157 lit. a), d) and e), the application for the granting of consent is made by the court of appeal referred to according to art. 154, ex officio or the prosecutor's reasoned proposal. The application for consent shall include the information provided for in art. 86 86 para. ((1), transmitted by the prosecutor who carries out or supervises the prosecution or the court on whose role the case for settlement is located. The request for granting consent shall be translated by an authorized translator and shall be transmitted, directly or through the specialized direction within the Ministry of Justice, to the competent authority of the issuing state. In this case, the appellate court shall defer the judgment of the case and shall fix a period of judgment which may not be less than 15 days, calculated from the date of transmission of the request of the competent authority of the (2) In the case of the convicted person transferred to Romania, when the provisions of art. 157 lit. a)-e), the application for the granting of consent is made by the competent court, according to art. 88 88 para. ((3). The application for consent shall include the information provided for in art. 86 86 para. (1), shall be translated by an authorized translator and transmitted, directly or through the specialized direction within the Ministry of Justice, to the competent authority of the issuing state. (. The guarantees required by the issuing State shall be provided by the requesting judicial authority, with the exception of those provided for in art. 90 90 para. ((2). -------- Article 158 has been amended by section 6.6. 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Section 3 Recognition and enforcement of judgments in other Member States of the European Union, where the convicted person is in Romania -------- Section 3, head. II, Title VI has been amended by section 6.6. 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 159 Previous measures ((. Where it is found that the issuing State has transmitted the judgment and the certificate set out in Annex no. 5, as well as, if applicable, the information provided in art. 152 lit. e) section (ii)-(iv), the Ministry of Justice, through the specialized direction, submits them to the prosecutor's office of the competent court of appeal. (2) Provisions of para. ((1) shall not apply in the case referred to in art. 161 161 para. ((9). (3) When the prosecutor, from the checks made according to art. 153 153 para. (2), finds that the person was also convicted in Romania and is in the record of a probation service, informs the competent probation service about the application for execution, in detention, of the sentence of life imprisonment or of the prison or the custodial measure formulated by the issuing State or the convicted person. (4) Provisions art. 153 153 para. ((4) shall apply accordingly. -------- Article 159 has been amended by point 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 160 Procedure for the recognition and enforcement of the sentence or the custodial measure (1) The referral of the court shall be made no later than 15 days from the date of registration of the case at the parquet or at least 5 days before the expiry of the duration of the arrest measure ordered according to art. 161 161 para. ((9). The president of the court or the judge delegated by him fixes the term of trial, which cannot be more than 3 days from the date of registration of the case to the court. The duration of the procedure is 30 days from the date of registration of the case to court (2) The court judges in complete form of a single judge, in the council chamber, with the summoning of the convicted person. The prosecutor's participation is mandatory (3) The object of the procedure is to verify the conditions provided in art. 155 155 and, if they are satisfied, the recognition and enforcement of the foreign court decision. Civil provisions, provisions relating to pecuniary penalties, precautionary measures or legal expenses, as well as any provisions other than those concerning the execution of the sentence of life or imprisonment or the measure deprivation of liberty, of the foreign court, is not the subject of this procedure. (4) If the person has been convicted of several offences, the verification of the conditions shall be made for each offence in part. When conditions are met only for some of the offences, the court may order partial recognition of the foreign criminal judgment. In this case, prior to the sentence provided in par. (7), the court will ask the issuing state, directly or through the specialized directorate of the Ministry of Justice, to specify under what conditions it agrees to partial recognition and if it withdraws its certificate. (5) At the express request of the issuing state or ex officio, the court may take, before the sentence provided in par. (7), one of the preventive measures provided by the Code of Criminal Procedure. The duration of the preventive measure may not be more than 60 days. Preventive measures shall cease by law at the expiry of the time limit provided by law or established by judicial bodies or when, before a decision on recognition of the foreign court decision, the duration of the arrest has reached its duration prison sentence applied abroad. Art. 161 161 para. ((2), (5), (6) and (8) shall apply accordingly. (. If before the case is settled, the issuing State shall withdraw its certificate, the court shall reject the application as unsupported. (7) 154 154 para. ((5)-(9), (13) and para. ((15) shall apply accordingly. The sentence shall be drawn up within 10 days from the date of delivery. Against the sentence I can declare appeal, within 10 days, the prosecutor and the convicted person. For the prosecutor, the term flows from the ruling. For the convicted person, the term flows from the ruling or, if it was absent from both the debates and the ruling, from the communication of the copy on the device. The file will be submitted to the appellate court within 3 days and the appeal be judged in 10 days, in the council chamber, with the citation of the convicted person. The prosecutor's presence is mandatory --------- Alin. ((7) of art. 160 160 has been amended by section 32 32 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (8) The final judgment shall be communicated to the competent authority of the issuing State and to the specialized directorate of the Ministry The execution of the sentence or the custodial measure is made according to the provisions of the Code of Criminal Procedure. (9) Provisions art. 135 135 para. ((15) shall apply accordingly. -------- Article 160 has been amended by section 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 161 Preventive measures taken prior to the transmission of the judgment and certificate (1) At the express request of the issuing state, against the convicted person can be taken, prior to the transmission of the court decision and the certificate provided for in Annex no. 5, one of the preventive measures provided by the Code of Criminal Procedure. (2) The application must mention the offence for which the person was convicted, the date and place where the offence was committed, the punishment imposed, as well as the signage, as precise as possible, of it. The application must also contain a description of the offences committed. (3) In order to identify, search, locate and catch the convicted person, the prosecutor's office provided in art. 142 142 para. (3) may request the prosecution, according to the Code of Criminal Procedure. (4) When, according to the Code of Criminal Procedure, the taking of a preventive measure is within the jurisdiction of the prosecutor, the judicial body competent to order the preventive measure is the prosecutor of the prosecutor's office of the court of appeal in the whose territorial constituency has been caught the convicted person. When, according to the Code of Criminal Procedure, taking the preventive measure is within the jurisdiction of the judge, the judicial body competent to dispose of the preventive measure is the judge of the appellate court in whose constituency territorial has been caught the convicted person. (5) The choice of the measure to be taken shall be made taking into account the punishment imposed in the issuing State, the nature of the offence, the health, age, history and other situations concerning the person to whom the measure is taken. (6) The measure of arrest can be taken against the convicted person if the crime committed is part of one of the categories of crimes provided for in art. 96 96 para. (1) and there are one of the following situations: a) the convicted person fled from the issuing state, in order to evade prosecution, judgment or from the execution of the sentence and took refuge on the territory of Romania; or b) the sentence imposed by the foreign court or the remaining remaining to be executed is at least one year imprisonment. (7) The duration of the preventive measure may not be more than 180 days. Preventive measures shall cease from law: a) on expiry of the term provided by law or established by judicial bodies; or b) when, prior to the delivery of a decision on recognition of the foreign court decision, the duration of the arrest reached the length of the prison sentence applied abroad; or c) when, within 30 days from the date of arrest, the issuing State has not transmitted the court decision and the certificate set out in Annex no. 5. (8) The legal situation of the convicted person cannot be aggravated as an effect of the duration of the custodial preventive measure applied by the court. (9) If the application of the issuing State has been admitted, the judicial body which has taken the preventive measure shall immediately request the competent authority to transmit the judgment and the certificate and inform the Prosecutor's Office of the near the Bucharest Court of Appeal and the specialized direction of the Ministry of Justice. If the measure of arrest was ordered, the court decision and the certificate, translated into Romanian, are transmitted within 15 days from the date of arrest. (10) If the application of the issuing state was rejected or the convicted person was not found on the territory of Romania, the Prosecutor's Office of the Bucharest Court of Appeal informs in this regard the competent authority of the issuing state and the direction specialized within the Ministry of Justice. -------- Article 161 has been amended by section 1. 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 162 Obligations in relation to information to the issuing State (. The competent court of appeal shall inform the competent authority of the issuing State of: a) the practical impossibility to execute the sentence or the custodial measure when: (i) the person against whom the warrant for the execution of the sentence provided for in art. 160 160 is not found; (ii) the convicted person escaped from the penitentiary in which he carries out the sentence b) the application of amnesty or pardon, according to the Romanian law; c) the date of conditional release and the date of fulfillment of the term of (2) In the case provided in par. ((1) lit. a) section ((ii), lit. b) and c), the issuing State shall be notified of the remaining sentence remaining unexecuted. -------- Article 162 has been amended by section 4.2. 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 163 Changes in the execution of the sentence or the custodial measure (1) When the provisions of art. 162 162 para. ((1) lit. a) and there is a reasonable assumption that the convicted person has left the territory of Romania, the appeals court may waive the right to enforce the sentence or the custodial measure. (2) The cessation of the execution by the Romanian state of the sentence or the custodial measure takes place whenever the issuing state informs about its decision in this regard. -------- Article 163 has been amended by section 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Chapter III Recognition and enforcement in other Member States of the European Union of the Romanian judgments by which custodial sentences were applied ---------- Chapter III, Title VI was introduced by point 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Section 1 Transfer of convicted persons held in a penitentiary or medical facility in Romania, in order to execute the sentence in other Member States of the European Union -------- Section 1, head. III, Title VI was introduced by item 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 164 Ministry of Justice In the case of transferring from Romania to another Member State of the European Union of a convicted person, in the execution of a sentence or custodial measures, the Ministry of Justice, through the specialized direction, is competent: a) receive the request for the initiation of the transmission procedure to the state of execution of the court decision and the certificate set out in Annex no. 5 5; b) to complete the certificate set out in Annex no. 5 5 and to transmit it together with the judgment of the competent authority of the executing State; c) require a certified translator to translate the certificate and, if applicable, the Romanian court decision, as well as any other additional information; d) request the executing State, before or at the latest on the date of transmission of the certificate, the legal provisions on early or conditional release, and information on their application in the case of the sentence to which it was convicted the person concerned; e) notify the convicted person of the decision on the transmission of the judgment and certificate; f) to communicate to the convicted person the decision of the executing State on the execution of g) to request, ex officio or at the request of the competent Romanian judicial authority, the withdrawal of the certificate h) to inform the executing State of the amnesty or pardon granted after the transfer of the convicted person; i) to communicate the requested additional information to the executing State. -------- Article 164 has been amended by section 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 165 Consultation of the executing State (1) The Ministry of Justice, through the specialized direction, shall consult with the competent authorities of the executing State whenever necessary. The consultation may be carried out regardless of whether the initiation of the procedure for the transmission of the judgment and the certificate has been requested by the person convicted or by the ((2) Consultation is mandatory in the case provided in art. 166 166 para. ((1) lit. b) and c). ((3) If the consultation carried out and the opinion submitted by the competent authority of the executing State is found that the execution of the sentence in the executing State would not serve the purpose of facilitating social rehabilitation and reintegration in the company of the person, the Ministry of Justice, through the specialized direction, communicates to the convicted person and, as the case may be, to the court of execution or to the court in whose constituency the decision taken is held. -------- Article 165 has been amended by section 6.6. 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 166 Conditions for the transmission, for execution, of the Romanian court decision (1) Any person convicted in Romania may request directly or through the delegated judge for the execution of custodial sentences, designated for the penitentiary in which it is located, the initiation of the transmission procedure to the executing State of the Romanian judicial decision and of the certificate set out in Annex no. 5, if it is in one of the following situations: a) is a citizen of the executing State and lives on its territory; or b) is a citizen of the executing State, does not live on its territory, but will be expelled on that territory; or c) does not fall into one of the assumptions provided in lett. a) and b), but wishes to be transferred to the executing State. (2) If the convicted person holds the nationality of two Member States of the European Union, and when he is living in the territory of a State other than that of which he is a citizen, he shall mention in the application in which of the two States wants to be transferred. The court decision and the certificate shall be sent to a single executing State once. (3) The procedure shall not be initiated when it has been ordered to postpone or discontinue the execution of the prison sentence or the detention or removal or modification of the sentence. At the same time, the procedure is not initiated when the convicted person absconded from the execution of the sentence, leaving the country, and for the execution of the court decision, the extradition procedure or the European mandate of Arrest. ((4) Request the initiation of the procedure referred to in par. ((1) does not entail the obligation to transmit the state of execution of the judgment and the certificate of the executing State, when: a) following the consultation provided for in art. 165, shall be assessed, either by the executing State or by the competent Romanian authorities, that the execution of the sentence in the executing State would not serve the purpose of facilitating social rehabilitation and the reintegration into society of the convicted person; or b) until the date of initiation of the procedure, the convicted person did not pay the criminal fine, judicial fine, state advanced judicial expenses, those due to the parties and civil damages; or c) the convicted person has to serve less than 6 months imprisonment or could be conditionally released before the full execution of the sentence in the next 6 months; or d) the court decision is not final or against it the convicted person exerted an extraordinary remedy; or e) the convicted person is investigated in another criminal case; or f) the person was convicted of serious crimes that had a deeply adverse echo in the public opinion in Romania; or g) the maximum sentence provided by the law of the issuing state is lower than the maximum provided by the Romanian criminal law. (5) By exception to the provisions of par. ((3) and para. ((4) lit. a)-c), f) and g), requesting the initiation of the procedure referred to in par. (1) draws the obligation to transmit the court decision and the certificate of the executing State, when the convicted person was previously handed over, on the basis of a European arrest warrant issued by a Romanian court or the extradition request formulated by the Ministry of Justice, provided that, in case of conviction, the person is returned to the executing State. -------- Article 166 has been amended by section 6.6. 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 167 Procedure before the judge delegated for the execution of custodial sentences (1) The judge delegated for the execution of custodial sentences, designated for the penitentiary in which the convicted person is located, shall verify that the conditions laid down in art. 166 166 para. ((3) and (4), as well as: a) in the case of persons who were previously handed over on the basis of requests for extradition made by the Ministry of Justice or European arrest warrants issued by the Romanian courts, if extradition or surrender was carried out under the condition of return in case of conviction, making mention of this in the conclusion provided in par. ((4); b) if the convicted person agrees to be transferred to the executing State. For this purpose, the judge delegated for the execution of custodial sentences, designated for the penitentiary in which the convicted person is located, listens to that person, at the place of possession, in the presence of an appointed lawyer ex officio or elected and, if the convicted person expressly requests, of the diplomatic or consular representative of the executing state, drawing up in this regard a minutes signed by the judge, convicted person and lawyer. The consent of the convicted person is irrevocable; c) whether the expulsion safety measure has been applied to the convicted person; d) when the convicted person has not been present at the judgment, if this: (i) has been incunosed, in due course, by written citation handed down personally or by telephone notification, fax, e-mail or by any other such means, regarding the time, day, month, year and place of appearance and the legal consequences in case of no presentation; or (ii) having knowledge of the time, day, month, year and place of appearance, has mandated his chosen or appointed public defender to represent it, and legal representation and defence before the court have been effectively carried out by the court. that lawyer; or (iii) after being personally handed the judgment of conviction and it was brought to his attention that, according to the law, that judgment is subject to an appeal, it will be possible to be checked including on the basis of new evidence and that, in the event of admission of the horses of the attack, can be abolished, or has expressly given up the remedy, or has not declared, within the period provided by law, that remedy. (2) When, depending on the circumstances of the case, he considers it necessary, the judge delegated for the execution of custodial sentences, designated for the penitentiary in which the convicted person is located, requests: a) the department of social reintegration within the penitentiary to draw up a reference for the assessment of the convicted person, setting in this regard a term that cannot be more than 10 days; b) the specialized department within the Ministry of Justice consulting the competent authority of the executing State regarding the possible release of the convicted person before the term or conditional or to other elements necessary for the verification meeting the conditions provided by law. (3) If it finds that the convicted person does not meet the conditions for being transferred from Romania to the executing state, the judge delegated for the execution of custodial sentences, designated for the penitentiary in which he find out the convicted person, fix, if applicable, a term for the review of the situation of the convicted person, who cannot be less than one year, and informs in this regard the convicted person and the Ministry of Justice. (4) The judge delegate for the execution of custodial sentences, designated for the penitentiary in which the convicted person is located, has a reasoned conclusion. The conclusion shall be communicated to the convicted person within two days of the ruling. Against the conclusion the convicted person can enter an appeal to the court in whose constituency the penitentiary is located within 3 days of the communication of the conclusion. The case will be submitted to the competent court within 3 days, and the appeal is judged in 10 days, in the council chamber, with the citation of the convicted person. The prosecutor's presence is mandatory The judgment of the court is final. (5) The final conclusion of the delegated judge for the execution of custodial sentences, designated for the penitentiary in which the convicted person is located or the decision of the court, the minutes provided in par. ((1) lit. b), the court decision of conviction, as well as any other additional information necessary to complete the certificate provided for in Annex no. 5 are transmitted to the specialized department of the Ministry of Justice (6) The procedure provided for in this Article shall be urgent and shall be carried out in particular. -------- Article 167 has been amended by section 6.6. 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 168 Transfer, under escort, of the convicted person from Romania to the executing State (1) The Ministry of Justice shall communicate the final decision of the executing State to the Police Cooperation Center within the General Inspectorate of the Romanian Police, the National Administration of Prisons, the convicted person and the judge delegate for the execution of custodial sentences, designated for the penitentiary in which the convicted person is located. (2) The convicted person is transferred from Romania to the executing State, no later than 30 days from the date on which the final decision of the executing State was communicated to the Ministry of Justice. (3) If, for reasons independent of the will of one of the states, the transfer cannot be carried out within the period provided in par. (2), the Police Cooperation Center of the General Inspectorate of the Romanian Police establishes with the competent authority of the executing state a new date for the transfer of the convicted person. In this case, the transfer will take place within 10 days of the new date agreed. (4) If, after transfer, the executing State wishes the transferred person to be prosecuted, convicted or sanctioned with another custodial sentence, for a crime committed prior to his transfer, other than that of for which it is transferred, the competence of the resolution of its application belongs to the Bucharest Court (5) In the situation referred to in par. (4), the president of the court or the judge delegated by him fixes the term of trial, which cannot be high 5 days from the date of registration of the case to the court. The court judges in full format from a single judge, in the council chamber, without summoning the convicted person, with the participation of the prosecutor. The object of the procedure is the verification of the conditions provided 166 and if any of the reasons provided for in art. 151 151. The court decides by sentence. The sentence is not subject to any appeal. After the ruling, a copy of the minutes of the decision shall be communicated to the specialized department of the Ministry of Justice, in order to remit the issuing state and the convicted person. Following the drafting of the judgment, it shall be communicated to it in its entirety. The decision shall be drawn up within 30 working days from the date of delivery. -------- Article 168 has been amended by section 6.6. 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Section 2 Execution of the sentence of detention for life or imprisonment or custodial measure, when the convicted person is not on the territory of Romania -------- Section 2, head. III, Title VI was introduced by item 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 169 Conditions for the transmission of Romanian court ((1) The recognition and enforcement of a court decision given by a Romanian court may be requested by another Member State of the European Union: a) without the consent of the convicted person and regardless of the opinion of the executing State, if it holds the citizenship of the executing State and ((i) has a permanent residence or residence in the executing State, including where the convicted person has returned or has taken refuge at his or her residence, as a result of the criminal proceedings pending in Romania or because of the judicial decision rendered in Romania; or ((ii) has been expelled to the executing State, after the execution of another sentence or custodial measure, on the basis of an expulsion decision or a prohibition of residence; b) with the consent of the convicted person and only if the executing State has made a declaration in this regard, if it does not hold the citizenship of the executing State, but has a continuous and legal residence on the territory of that State for a period for at least 5 years and shall not lose, as a result of conviction, the right of permanent residence; or c) with the consent of the convicted person and of the executing State when, although there are no incidents the provisions of lit. a) and b), it has a very close connection with the executing state, and the execution of the court decision in this state is likely to facilitate the rehabilitation and social reintegration of the convicted person. ((2) The recognition and enforcement of a court decision given by a Romanian court may be requested by another Member State of the European Union whenever it was not ordered to postpone or interrupt the execution of the sentence of life or of prison or removal or modification of sentence. -------- Article 169 has been amended by section 6.6. 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 Powers of the executing court (1) When from the information communicated by the police bodies it follows that the person against whom the warrant for the execution of the detention for life or sentence of the prison was issued or the court decision has ruled has left the territory of Romania, the executing court, ex officio or at the request of the competent prosecutor, may request the police bodies to introduce an alert in the Schengen Information System, in order to be notified of the residence or residence of the convicted person. ((2) If from the works of the file or from the information communicated by the body to which the warrant for execution of the sentence is executed or the court decision it follows that the convicted person has his domicile or permanent residence on the territory of another Member State or benefits from a right of permanent residence in its territory, the executing court: a) verify that the conditions laid down in art. 166 166 para. ((4) lit. c)-g), drawing up a reference in this regard; b) verify, in the case of persons who were previously handed over on the basis of European arrest warrants issued by the Romanian courts or extradition requests made by the Ministry of Justice, if the handover was carried out under the condition of return in case of conviction, making mention of it in the reference provided in lett. a); c) when the convicted person has not been present at the judgment, the executing court verifies the works of the file to ascertain whether: (i) the convicted person was, in a timely manner, by written citation handed down personally or by telephone notification, fax, e-mail or by any other such means, with regard to the time, day, month, year and place of appearance and to legal consequences in case of no-show; or (ii) the convicted person, having knowledge of the time, day, month, year and place of appearance, mandated his chosen or appointed ex officio lawyer to represent her, and legal representation and defense before the court were made in effective manner by that lawyer; or (iii) the convicted person, after being personally handed the sentencing judgment and it was brought to his attention that, according to the law, that ruling is subject to an appeal, it will be possible to be checked including on the basis of new evidence and that, in the possibility of admission of the appeal, can be abolished, or has expressly given up the remedy, or has not declared, within the prescribed period of law, that remedy; d) ex officio, at the request of the convicted person or the competent prosecutor's office, proposes to motivate the specialized directorate of the Ministry of Justice to transmit the criminal court decision and the certificate provided in 5 the executing State and communicates to it the court decision, as well as the documents provided in a)-c); e) if it considers necessary, requests the Ministry of Justice to consult the competent authority of the executing State, including on the possible release by the executing State before its term of office and on the procedure on which the executing State will follow. (3) In case of urgency, prior to the transmission of the judgment and certificate, the executing court may ask for preventive measures against the convicted person, transmitting in this regard the necessary documents and information. Art. 161 161 para. ((2) shall apply accordingly. The request is transmitted directly or through the specialized directorate of the Ministry of Justice. (4) The executing court shall inform ex officio the specialized direction of the Ministry of Justice of any measure or decision as a result of which the judgment of conviction ceases to be enforceable, including as a result of granting amnesty or pardoning. (5) If it is informed by the executing State of the possibility of partial recognition of the judgment of conviction, the executing court shall communicate to the specialized department within the Ministry of Justice if agrees with the partial performance or if the certificate must be withdrawn. -------- Article 170 has been amended by section 1. 48 48 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Title VI ^ 1 Recognition and enforcement in relation to the Member States of the European Union of judgments by which sanctions or non-custodial criminal measures have been ordered --------- Title VI ^ 1 has been introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Chapter I Provisions on cooperation with the Member States of the European Union in application Framework Decision 2009 /829/JHA of the Council of 23 October 2009 on the application, between the Member States of the European Union, of the principle of mutual recognition of decisions on judicial surveillance measures as an alternative to pre-trial detention -------- Head. I, Title VI ^ 1 was introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Section 1 General provisions -------- Section 1, head. I, Title VI ^ 1 was introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 1 Scope and meaning of terms or expressions ((1) This chapter applies in relation to the Member States of the European Union, in the area of recognition of acts by which, in the course of the criminal proceedings, they were ordered, in accordance with the national legislation and procedures of the issuing State, one or more of the following surveillance measures: a) the person's obligation to inform the competent authority of the executing State of any change of residence, in particular for the purpose of receiving the subpoenas regarding participation in a hearing or criminal proceedings; b) the obligation not to enter certain localities, places or defined areas of the issuing or executing state; c) the obligation to remain in a particular place, where appropriate, in certain intervals; d) the obligation to restrict the leaving of the territory of the executing State; e) the obligation to submit to data established before a given authority; f) the obligation to avoid contact with certain persons in connection with the offence alleged to have been committed; g) the obligation not to engage in certain activities in relation to the offence alleged to have been committed, which may include involvement in a particular profession or field of activity; h) the obligation not to drive a vehicle; i) the obligation to submit a certain amount or to provide a different type of guarantee, which can be provided either in a certain number of installments or only once; j) the obligation to undergo a medical or detox treatment; k) the obligation to avoid contact with certain objects in connection with the offence alleged to have been committed. (. For the purposes of this chapter, the following terms and expressions shall have the following meanings: a) supervisory measure-any of the obligations provided in par. ((1) or notified by the executing State to the General Secretariat of the Council, in accordance with art. 8 8 para. ((2) of Framework Decision 2009 /829/JHA of the Council of 23 October 2009 on the application, between the Member States of the European Union, of the principle of mutual recognition of decisions on judicial surveillance measures as an alternative to pre-trial detention, which were ordered in a criminal trial as alternatives to custodial measures; b) supervised person-the person who is the subject of a criminal trial and to whom a supervisory measure follows or has been taken; c) the act by which an enforcement measure was ordered-an enforceable act taken during the criminal proceedings by a competent authority of the issuing State, in accordance with its national law and procedures and which imposes a individuals, as an alternative to pre-trial detention, one or more surveillance measures. ((3) This Chapter shall also apply in relation to those States which are not members of the European Union, with which a bilateral or multilateral treaty has been concluded in the field. In relation to the Member States of the European Union that have not transposed the legislation of the European Union in the field, the provisions of -------- Article 170 ^ 1 was introduced by item 1. 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 2 Competence of Romanian (1) When Romania is a state of execution, the competence of receiving the certificates and the documents ordering the surveillance measures issued by other Member States of the European Union belongs, in the prosecution phase, to the Prosecutor's Office of the High Court of Cassation and Justice, and, in the trial stage, to the Ministry of Justice, through the specialized direction. (2) The competence of the recognition and enforcement of the act by which the supervisory measure was ordered belongs, as the case may be, to the prosecutor's office of the court or tribunal in whose constituency the supervised person has a legal residence Ordinary. In the case of the person who does not have a residence on the territory of Romania, the competence belongs to the Prosecutor's Office of the Bucharest Court or (3) When Romania is a state of execution, the supervision of compliance with the obligations established by the issuing state lies with the competent Romanian authorities and is governed by the Romanian law. ((4) Communications, consultations, exchange of information, requests and notifications occasioned including the taking, modification, replacement or termination of a surveillance measure or supervision of compliance with the obligations ordered by the bodies Romanian judicial or, when Romania is a state of execution, those of the issuing state, it is carried out directly or, when direct contact is not possible, through the central authorities. -------- Article 170 ^ 2 was introduced by the section 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 3 Taking, modifying, replacing or terminating surveillance measures (1) The taking, modification, replacement or termination of surveillance measures shall be the responsibility of the issuing State and shall be governed by its law. (2) The jurisdiction of the issuing State to take, modify, replace or cease surveillance measures shall be without prejudice to the right of the executing State to investigate the person supervised for criminal acts other than those for which he is investigated. in the issuing State. -------- Article 170 ^ 3 was introduced by the section 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Section 2 Supervision by the authorities of other EU Member States of compliance with the obligations established by the Romanian judicial bodies -------- Section 2, head. I, Title VI ^ 1 was introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 4 Consultation of the executing State authorities (1) When in order to ensure the proper conduct of a criminal trial or to prevent evading from prosecution or from the judgment of a person who does not have the usual legal residence on the territory of Romania necessary to take a preventive non-custodial measure, the competent judicial body may consult the executing State authorities on the possibility of supervision, within the territory of that State, of compliance with the obligations by Supervised person. ((2) Consultation of the executing State may be initiated when by a given statement: a) during the criminal proceedings, the supervised person indicates that he has the usual legal residence in the territory of another Member State of the European Union; or b) in the course of supervision by the competent Romanian authorities of compliance with the obligations previously established by the competent Romanian judicial body, the supervised person shall communicate the change of residence in the territory of another European and return to the executing state. ((. Consultation shall be compulsory where the executing State is other than that in whose territory the supervised person indicates that he is habitually resident. (4) The competent Romanian judicial body may require the executing State to communicate information on the identity and, where applicable, the residence of the supervised person, as well as any other data necessary and useful to the taking, modification, replacement or termination of surveillance measures, as appropriate. -------- Article 170 ^ 4 has been introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 5 Duration of surveillance measures (1) The duration of the supervisory measure whose compliance is to be controlled on the territory of another Member State of the European Union shall be established by the competent Romanian judicial body, according to the Romanian law. (2) The extension, maintenance, replacement or termination of the surveillance measure shall be ordered under the conditions provided by the Romanian law by the competent Romanian judicial body and shall be notified immediately to the executing state and to the supervised person. (3) When the executing State has begun the supervision of the supervised person's compliance with the obligations established by the Romanian judicial body, and the duration provided by the law of the executing State is close to the expiry, the Romanian judicial body competent, depending on the circumstances of the case, may require the executing State to continue to monitor compliance with obligations -------- Article 170 ^ 5 was introduced by the section 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 6 Transmission of the certificate and of the judicial act by which the surveillance measure was taken (1) The certificate set out in Annex no. 7 shall be completed and signed by the judicial body which has taken the supervisory measure. The certificate and the judicial act by which the surveillance measure has been taken shall be transmitted by the Romanian judicial body which has taken that measure directly to the competent authority designated by the executing State, by any means enabling a written record. (2) If the Romanian judicial body does not have any information in this regard, the identification of the competent authority should receive the documents provided in par. ((1) is carried out by means of national contact points at the European Judicial Network designated at the level of the Public Ministry or the Ministry of Justice, as the case may (3) The original of the certificate and of the act by which the surveillance measure was taken shall be transmitted by the Romanian judicial body that issued them, at the request of the foreign authority. (4) When the competent foreign authority determines that the certificate does not meet the conditions of its form or is imprecise, the competent Romanian judicial body shall take measures to make the necessary amendments, additions or transmission additional information. ((5) The translation of the certificate and of the judicial act by which the surveillance measure was taken shall be carried out at the request of the Romanian judicial body that issued them by an authorized translator. -------- Article 170 ^ 6 was introduced by the section 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 7 Withdrawal of the certificate sent to the (. The certificate sent to the executing State may be withdrawn in the following situations: a) the supervisory measure provided by the law of the state of execution has different nature or the same nature, but with a different content than the supervision measure ordered by the Romanian judicial body; or b) the duration of the surveillance measure provided by the law of the executing State does not correspond to the duration until which the competent Romanian judicial body may extend or maintain that measure; or c) the executing State shall notify the fact that in the event of the issuance of a European arrest warrant by the Romanian State as a result of the replacement of the measure or the obligation whose supervision is requested with the measure of preventive arrest should refuse teaching the supervised person. (2) The withdrawal of the certificate takes place no later than 10 days from the date on which the Romanian judicial body received the notification of the executing State regarding the decision to recognize the act by which the Romanian judicial body took the supervisory measure. In the situation provided in par. ((1) lit. c), the 10-day period runs from the date of receipt of the notification of the executing State or of the decision not to recognize the act by which the Romanian judicial body took the supervisory measure. (3) When according to the law of the state of execution not the certificate in the case provided in par. ((1) lit. c) has direct effect on the arrest and surrender of the supervised person on the basis of an eventual European arrest warrant that could be issued according to art. 88 88 para. ((. The withdrawal of the certificate shall be binding. (4) Withdrawal of the certificate in the situations referred to in ((1) lit. a) and b) may not take place if the executing State has commenced the supervision of the supervised person's compliance with the obligations established by the Romanian judicial body, unless the competent authority of the executing State gives consent to that effect. (. The supervised person shall be informed immediately of the withdrawal of the certificate. -------- Article 170 ^ 7 was introduced by the section 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 8 Supervision of compliance with the obligations of the supervised person (1) The supervision of the observance by the investigated person of his obligations is the competence of the Romanian authorities until the date on which the executing State communicates the decision on recognition and enforcement of the act by which it was taken the supervisory measure or until the date agreed by the competent authorities of the two States, as the case may be. (2) After the date provided in par. (1), the supervision of the observance by the supervised person of his obligations is the competence of the authorities of the executing state and is governed by its law. (3) By exception to par. ((2), the supervision of the manner in which the supervised person complies with the established obligations lies with the Romanian state, a) the supervised person has established his usual legal residence in the territory of a state other than that of execution; or b) the certificate transmitted to the executing State is withdrawn; or c) the obligations established following the modification or replacement of the measures previously supervised by the executing State do not fall within the scope of art. 170 ^ 1 para. (1) and the executing State shall refuse to ensure the supervision of their compliance; or d) are the provisions of art. 170 ^ 5 para. ((3), and the executing State refuses to continue the supervision of the obligations established by the Romanian judicial body; or e) the executing State shall notify the decision to terminate the supervision of obligations established by the competent Romanian judicial body; or f) the executing State is unable to monitor compliance with obligations on the grounds that the supervised person has not been found on its territory. -------- Article 170 ^ 8 has been introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 9 Effects of infringement of the surveillance (1) If during the surveillance measure the executing State communicates data and information justifying either the imposition of new obligations or the modification, replacement or termination of existing ones, the competent Romanian judicial body shall communicate in the most short time possible or within the time limit agreed with the decision taken by the State concerned. ((2) If the supervision of the surveillance measure with the measure of preventive arrest has been ordered, the arrest and surrender of the supervised person shall be requested according to the provisions of Title III. -------- Article 170 ^ 9 was introduced by the section 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 10 Listening to the supervised person (1) When in the course of the criminal proceedings it is necessary or, according to the Romanian law, mandatory for the person investigated to be heard, the declaration of its declaration can be made by videoconference. The request for the hearing by videoconference shall be drawn up according to art. 172 172 and 178 and shall be transmitted directly to the competent authority of the executing State. (2) When, according to the law of the state of execution, the videoconference hearing is conditioned by the consent of the supervised person, and it refuses to be heard, the Romanian judicial body that took the surveillance measure: a) may order the replacement or termination of the supervisory measure if the conditions of the Romanian law are fulfilled; or b) may request that the person investigated be heard in the presence of the prosecutor or the competent Romanian judge or, in so far as the law of the executing state allows it, by him. The request for the hearing of the supervised person shall be drawn up according to art. 172 172 and is transmitted directly to the competent authority of the executing State. -------- Article 170 ^ 10 has been introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Section 3 Supervision by the Romanian authorities of compliance with obligations established by other Member States of the European Union -------- Section 3, head. I, Title VI ^ 1 was introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 11 Powers of the competent Romanian authorities to receive certificates issued by other Member States of the European Union (1) The authorities provided in art. 170 ^ 2 para. (1) have the following tasks: a) receive the certificate set out in Annex no. 7 and the act by which a measure of supervision was ordered, translated into Romanian; b) to carry out regular checks and to request, as appropriate: (i) completion, correction or signature of the certificate; (ii) the original of the certificate or of the act by which the surveillance measure was ordered, where the authenticity of that transmitted by the issuing State cannot be established; (iii) the declaration or application of the supervised person regarding the supervision by the Romanian authorities of compliance with the obligations ordered by the issuing state; (iv) confirmation of the enforceability of the act by which the supervisory measure was ordered; ((v) information and data on the remedies provided for by the law of the issuing State or exercised by the person supervised against the act by which the supervisory measure was ordered; ((vi) information on the maximum duration provided by the law of the issuing State for which the supervisory measure may be ordered or, if the duration is undetermined, the duration for which supervision by the the Romanian authorities of compliance with the obligations established under the supervised person; c) to suspend the transmission to the competent Romanian authority to recognize the act by which the surveillance measure was ordered when the certificate is incomplete, does not correspond to the respective act or is missing one of the documents mentioned in item ((iii) and (iv); d) to refund the act by which the supervisory measure and the certificate were ordered, if the issuing State did not transmit the requested documents or information until the expiry of a period of no more than 30 days; e) verify the identity and residence of the supervised person, in order to establish the competent authority to recognize and enforce the act by which the surveillance measure was ordered. (. The procedure provided for in this Article shall be urgent and shall be carried out in particular. -------- Art. 170 ^ 11 was introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 12 Prior judicial proceedings (1) If it is found that the issuing state has transmitted the certificate and the act ordering the taking of the supervisory measure, as well as any other information requested according to art. 170 ^ 11, the Prosecutor's Office of the High Court of Cassation and Justice or the Ministry of Justice, through the specialized direction, as the case may be, shall forward them to the prosecutor's office of the court or competent court and inform the issuing state thereof. (2) The prosecutor appointed by the prosecutor of the prosecutor's office or the judge appointed by the president of the court, receiving the file, checks, among other a) the supervised person is under criminal investigation in Romania for the same crimes for which the surveillance measure was taken; b) the supervised person is under criminal investigation in Romania for crimes other than those for which the surveillance measure was taken. Where appropriate, the prosecutor carrying out or supervising the prosecution or the court on whose role the case is concerned shall be informed of the supervisory measure ordered by the issuing State; c) the nature or duration of the surveillance measure taken by the issuing state corresponds to the nature or duration of the surveillance measure provided by the Romanian law for similar crimes; d) the supervised person is on the territory of Romania; e) the measure can be supervised in Romania. (3) If the prosecutor's office or the court referred to according to (1) considers that it is not competent (a) to recognise and take the necessary measures for the supervision of compliance with the obligations established by the issuing State, shall immediately, ex officio, send the dossier to the competent Romanian authority and inform thereof the competent authority of the issuing State and the Prosecutor's Office of the High Court of Cassation and Justice or the Ministry of Justice, as appropriate. (4) If the prosecutor's office or the court referred to according to ((1) considers that additional information or clarifications are necessary, may directly request the competent authority of the issuing State to transmit them within a period of no more than 10 days. (5) When the nature or duration of the surveillance measure taken by the issuing State does not correspond to the nature or duration of the surveillance measure provided for by the Romanian law, the prosecutor or the competent judge, as the case may be, shall establish and communicate the content of the surveillance measure, requesting the State to confirm the maintenance The adapted surveillance measure may not be more severe than the surveillance measure taken by the issuing State. If, after consultation, the issuing State withdraws the certificate, the prosecutor or the competent judge, as the case may be, shall waste and refund the file of the Prosecutor's Office of the High Court of Cassation and Justice or the Ministry of Justice, as appropriate. (6) The prosecutor or the competent judge, as the case may be, shall waste and refund the file of the Prosecutor's Office of the High Court of Cassation and Justice or the Ministry of Justice and when, following the checks carried out, it is found that the person does not find out in Romania or that the measure cannot be supervised in Romania. (7) The procedure provided for in this Article shall be urgent and shall be carried out in particular. The duration of the procedure may not be more than 40 days from the date of registration of the case to the prosecutor's office or to the court, as -------- Article 170 ^ 12 has been introduced by the 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 13 Recognition, in the prosecution phase, of the act by which the issuing State took the measure of supervision (1) In the prosecution phase the competent prosecutor shall order by ordinance. The prosecutor has the written citation or by the telephone note of the supervised person. The day, place and time set for the appearance must be brought to the attention of the supervised person no later than 3 days before. Failure to present the supervised person does not prevent the prosecutor from ordering the surveillance measure. (2) When the conditions laid down in art. 170 ^ 16, in the order are expressly provided for the obligations that the investigated person must observe during the surveillance measure and it is pointed out that, in case of violation of his obligations, the issuing state will be notified in this regard. (3) The duration of the supervisory measure is that established by the competent authority of the issuing state, unless it is higher than the maximum duration provided for by the Romanian law. (4) Against the prosecutor's order may make a complaint to the supervised person or any person concerned, if an injury has been brought to his legitimate interests. The complaint is made within 5 days of the communication of the copy of the ordinance. The file shall be sent to the competent court within 24 hours of the complaint. The issuing State shall be informed immediately of the complaint. --------- Alin. ((4) of art. 170 ^ 13 was amended by section 4.2. 33 33 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (5) The substantive reasons underlying the taking of the supervisory measure cannot be the subject of the complaint, which can only be appealed before the competent authority of the issuing State. (6) The complaint shall be filed with the prosecutor's office within which the prosecutor who ordered by the ordinance is part and shall be settled by the court in addition to which the prosecutor's office operates. by which the issuing State has taken the supervisory measure, the introduction of the complaint does not suspend the supervision of the obligations of the supervised person. (7) The complaint shall be settled by a panel of a single judge, in the council chamber, with the citation of the supervised person, within 10 days from the date of registration of the case to the court, by final conclusion. When judging the complaint, the prosecutor's presence is mandatory. The court, resolving the complaint, verifies the prosecutor's order, based on the material in the file and any documents submitted, and orders the admission or rejection of the complaint. In the event of the admission of the complaint against the non-recognition solution of the act by which the issuing State took the supervisory measure, the court abolishes the contested solution, acknowledges the act by which the issuing State took the measure of supervision and establishes the obligations of the supervised person. Final conclusion shall be communicated directly to the competent authority of the issuing State The court informs the prosecutor and the Prosecutor's Office of the High Court of Cassation and Justice in this regard. -------- Article 170 ^ 13 has been introduced by the 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 14 Recognition, in the judgment phase, of the act by which the measure of supervision was taken (1) The judge shall settle the case, by reasoned conclusion, given in the council chamber. The judge has the written citation or the telephone note of the supervised person. The day, place and time set for the appearance must be brought to the attention of the person at the latest 3 days before. Failure to present the person does not prevent the judge from ordering the surveillance measure (2) When the conditions laid down in art. 170 ^ 16, in the conclusion are expressly provided for the obligations that the investigated person must comply with during the surveillance measure and it is pointed out that, in case of violation of his obligations, the issuing state will be notified in this regard. (3) The duration of the supervisory measure is that established by the competent authority of the issuing state, unless it is higher than the maximum duration provided for by the Romanian law. (4) The judgment may be appealed, within 5 days of the ruling or from the communication, as the case may be, by the supervised person or by any person concerned, if by the recognition of the act by which the issuing State has taken the measure of Surveillance has brought an injury to his legitimate interests. --------- Alin. ((4) of art. 170 ^ 14 was amended by section 4.2. 34 34 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (5) The appeal shall be filed with the court of which the judge who ordered the act by which the issuing State took the measure of supervision is a party. The file is sent to the appellate court, within 24 hours of the declaration of the appeal. The issuing State shall be informed immediately of the appeal. --------- Alin. ((5) of art. 170 ^ 14 was amended by section 4.2. 34 34 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. ((6) The appeal shall be settled within 10 days from the date of registration of the case to the court, by the competent court of appeal, in the council chamber, by a panel consisting of a single judge, on the basis of the material in the case file and any Submitted documents. When recognition has been ordered, the call does not suspend the supervision of compliance with the obligations of the supervised person. In the case of admission of the call against the non-recognition solution of the act by which the issuing State took the supervisory measure, the court abolishes the contested solution, acknowledges the act by which the issuing State took the measure of supervision and establishes the obligations of the supervised person. Final conclusion shall be communicated directly to the competent authority of the issuing State The court informs in this regard the tribunal and the specialized direction of the Ministry of Justice. --------- Alin. ((6) of art. 170 ^ 14 was amended by section 4.2. 34 34 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. -------- Article 170 ^ 14 has been introduced by the 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 15 Supervision by the Romanian authorities of the supervised person's compliance with their obligations (1) The supervision of the observance by the supervised person of their obligations during the surveillance measure shall be carried out by the designated institution, body or authority, as the case may be, by the prosecutor who gave the order or the judge who gave the conclusion, under the law. (2) If the supervised person was required to leave the territory of Romania or a certain locality, a copy of the order or conclusion of the court shall be communicated on the day of issue of the supervised person, to the police units in whose The constituency lives and has a ban on it, the Community public service of record of persons and border bodies. (3) The institution, body or specific authority designated by the prosecutor who gave the order or the court that gave the conclusion periodically checks the observance of the obligations by the supervised person, and, if they find violations or other issues that could lead to the modification, termination or replacement by the issuing state of the supervisory measure, urgently notify the prosecutor or the court for the notification of the issuing state, according to the form set out in Annex no. 8. The supervision of the supervised person's compliance with their obligations during the measure shall cease if the issuing State has not responded to the notification, no later than 40 days after the date of the first notification. The termination of supervision shall be notified to the issuing State immediately. (4) When, as a result of the notification provided in par. ((3), the issuing State shall inform the replacement of the supervisory measure with the measure of arrest and the issuing of a European arrest warrant, the procedure for receipt, verification and enforcement of the European arrest warrant shall be that provided for by the III of this law. (5) The supervision of the supervised person's compliance with his obligations shall cease as soon as the issuing State notifies in this regard or whenever, following the exercise of the appeal referred to in art. 170 ^ 13 para. ((4) or art. 170 ^ 14 para. (4), the reconnaissance solution of the act by which the issuing State took the supervisory measure was abolished. (6) In the situation provided for in art. 170 ^ 13 para. ((3) or art. 170 ^ 14 para. ((3), the designated institution, body or authority shall inform, at the latest 30 days before the expiry of the duration, the prosecutor or the competent judge, with a view to notifying the issuing State. (7) When the designated institution, body or authority is impractical to supervise compliance with the obligations of the supervised person as a result of the fact that it is not found on the territory of Romania, inform the competent prosecutor or judge for the notification of the issuing State. -------- Article 170 ^ 15 has been introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 16 Conditions for recognition of the act by which the issuing State took the supervisory measure The judicial act by which the issuing State has taken the supervisory measure may be recognised only if the following conditions are met: a) the act, according to the law of the issuing state, enforceable; b) the person investigated has the usual legal residence on the territory of Romania or is one of the family members of a Romanian citizen or of a person who has the right of permanent residence on the territory of Romania or Romania a lucrative activity, of studies or of professional training; c) recognition does not contravene the principle of non-bis in d) the act for which the surveillance measure was applied would have constituted, if it had been committed on the territory of Romania, a crime. If the measure has been applied for multiple offences, the verification of the condition is made for each offence in part. Art. 96 96 para. ((1) shall apply accordingly; e) the surveillance measure was applied to a person who, according to the Romanian law, responds criminally; f) the surveillance measure was applied to a person who does not benefit from immunity from criminal jurisdiction on the territory of Romania; g) the surveillance measure established by the issuing state is part of the category of those provided for in art. 170 ^ 1 para. ((2). -------- Article 170 ^ 16 has been introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Chapter II Provisions on cooperation with the Member States of the European Union in application Framework Decision 2008 /947/JHA of the Council of 27 November 2008 on the application of the principle of mutual recognition in the case of judgments and decisions of probation for the supervision of probation and alternative sanctions -------------- Head. II, Title VI ^ 1 was introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Section 1 General provisions -------- Section 1, head. II, Title VI ^ 1 was introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 17 Scope and meaning of terms or expressions ((1) This Chapter shall apply in relation to the Member States of the European Union in the area of recognition of judgments and decisions of probation for the supervision of probation and alternative sanctions, for the purposes of their execution in the European Union. At the same time, this chapter also applies in relation to other states with which a bilateral or multilateral treaty has been concluded. (. For the purposes of this chapter, the following terms and expressions shall have the following meaning: a) court decision-any final decision by which a court ordered against a natural person who committed a crime one of the following sanctions: (i) suspension of the execution of the sentence; (ii) postponing the application of (iii) conditional release; (iv) an alternative sanction; b) the suspension of the execution of the sentence under supervision-the prison sentence or a custodial measure whose execution is suspended in whole or in part, by imposing one or more probation measures; c) postponing the application of the sentence-the measure by which the application of a sentence has been postponed conditionally, by imposing one or more probation measures, or under which one or more probation measures are imposed instead of a sentence with imprisonment or a custodial measure; d) conditional release-the pre-term release of a person convicted after the partial execution of the prison sentence or a custodial measure by imposing one or more probation measures; e) alternative sanction-any other non-custodial sanction, imposed on a natural person by a court decision, as a result of the commission of a crime, other than a financial penalty, and which consists of an obligation or the constraint measure and which has a stand-alone existence; f) probation decision-a judicial or administrative decision taken pursuant to a court decision, by which a measure of probation was applied or conditional release was ordered; g) probation measures-any measures, obligations or restrictions among those provided in art. 170 ^ 20, established in the task of a natural person in connection with the suspension of the execution of the sentence under supervision, the postponement of the application of -------- Article 170 ^ 17 has been introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 18 Competence (1) When Romania is a state of execution, the recognition of judicial decisions and decisions of foreign probation ordered to comply with probation measures or an alternative sanction is within the jurisdiction of the tribunal in whose Constituency lives the person. (2) By exception to par. (1), the jurisdiction lies with the court that judges another crime committed by the person convicted by the foreign court decision, a crime that could attract the revocation or annulment of the sanction handed down by the foreign court. (3) The supervision of compliance with the probation measures or the alternative sanction imposed by the court decision or the probation decision that was the subject of recognition is the competence of the probation service of the court in the constituency that the person lives. (4) When Romania is an issuing state, the settlement of the application for execution in another Member State of the European Union of the judgment given by a Romanian court, when the convicted person is to execute or is in execution the sentence, is the jurisdiction of the court which ruled in the first instance the court order whose recognition is sought. When the judgment was given by the High Court of Cassation and Justice, the jurisdiction lies with the Bucharest Court. -------- Article 170 ^ 18 has been introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Section 2 Recognition of judicial decisions and decisions of probation setting out probation measures or alternative sanctions given by the courts or authorities of other Member States of the European Union, for the purpose of their execution in Romania -------- Section 2, head. II, Title VI ^ 1 was introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 19 General conditions (1) The final judicial decisions rendered by the courts of other Member States of the European Union shall be recognised and executed in Romania on the basis of the principle of mutual trust and in accordance with the provisions of this Chapter, if they are of nature to produce legal effects according to the Romanian criminal law and not contrary to the public order of the Romanian state (2) The final court decisions setting out measures of probation or alternative sanctions given by the courts of other Member States of the European Union shall be recognized and executed in Romania, if the following conditions are met: a) the court decision was ordered to suspend the execution of the sentence under supervision, to postpone the application of the sentence, conditional release or an alternative sanction; b) the probation measures or the alternative sanction established by the foreign court decision have a correspondent in the Romanian law and are compatible with it; c) the act for which the sanction was applied would have constituted, if it had been committed on the territory of Romania, a crime. If the sentence has been imposed for several offences, the verification of the condition is made for each offence in part; d) the convicted person is in the issuing state and wants to return or settle in Romania or is already in Romania and: ((i) has Romanian citizenship and lives or is going to live in Romania; or (ii) does not have Romanian citizenship, but either has the right of residence or right of residence on the territory of Romania under the law, or is one of the family members of a Romanian citizen or of a person who has the right of residence or right of residence on the territory of Romania, or proves that it is to carry out on the territory of Romania a lucrative activity, of studies or of professional training. (3) If the probation measures are established by a decision of probation given on the basis of a foreign court decision, it constitutes the object of recognition both the court decision and the probation decision. -------- Art. 170 ^ 19 was introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 20 Probation measures and alternative sanctions Foreign court decisions can be recognized and executed in Romania, if the probation measures or alternative sanction established by that decision or based on it falls within the following categories: a) the obligation of the convicted person to inform a certain authority of any change of residence or job; b) the obligation not to enter certain localities, places or defined areas of Romania or the issuing state; c) the obligation not to leave the territory of the executing State; d) provisions on behaviour, residence, education and training, leisure activities or containing limitations on the modalities of a professional activity; e) the obligation to submit to data established before a given authority; f) the obligation to avoid contact with certain persons; g) the obligation to avoid contact with certain objects that have been used or could be used by the convicted person for the purpose of committing a criminal act; h) the obligation to repair, from a financial point of view, the damage caused by the crime and/or the obligation to provide proof of the fulfilment of this obligation; i) the obligation to provide community service; j) the obligation to cooperate with the probation service or with another institution or social service that has responsibilities in respect of convicted persons; k) the obligation to undergo therapeutic or detox treatment; l) the obligation to communicate information of a nature could be controlled the means of existence of the convicted person. -------- Art. 170 ^ 20 was introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 21 Grounds for refusal of recognition and enforcement of the judgment A court decision given in another Member State of the European Union will not be enforced, even if the conditions laid down in art. 170 170 ^ 19, when: a) the person was convicted in Romania for the same act. If the foreign court decision has been given for other facts, the court may order its partial recognition, if the other conditions are met; b) the person was convicted in another state for the same act, and the foreign court decision given in this state was previously recognized and enforced on the territory of Romania; c) the convicted person benefits in Romania from immunity from criminal jurisdiction; d) the sanction was imposed on a person who, according to the Romanian criminal law, does not face criminal charges by virtue of his age; e) the sanction involves the execution of a measure aimed at the psychiatric or health condition of the person and which cannot be executed in Romania or, as the case may be, provides for a medical or therapeutic treatment that cannot be supervised in Romania, in accordance with the national legal or health system; f) when, according to the Romanian criminal law, the prescription of execution of the sentence intervened; g) where the convicted person has not been personally present at the judgment, unless the issuing State informs that, in accordance with its legislation: (i) the person was in good time, in a timely manner, by written citation personally handed or by telephone notification, fax, e-mail or by any other such means, with regard to the day, month, year and place of appearance and to the legal consequences in case of no-show; or (ii) the person, having knowledge of the day, month, year and place of appearance, mandated his chosen or appointed public defender to represent her, and the legal representation before the court was effectively carried out by the court. that lawyer; or (iii) after he was personally handed the judgment of conviction and was aware that the judgment is subject to an appeal, during which the competent court will be able to verify the judgment under appeal including on the basis of new evidence, and that, following the resolution of the appeal, to the judgment of which may participate personally, the judgment of conviction may be abolished, the convicted person either expressly waived the remedy or declared, within the period prescribed by law, that path of attack; h) the duration of the term of supervision or the duration of the probation measures, respectively of the alternative sanction or the remaining time frame until their fulfillment are less than 6 months or 60 hours in the situation of community work. -------- Article 170 ^ 21 has been introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 22 Documents and information necessary for the recognition and enforcement of the judgment (1) In order to recognize and enforce the judicial decision, the competent authority of the issuing state shall transmit to the tribunal the following documents, translated into Romanian: a) the certificate completed according to the model in Annex no 9 9; b) the court decision establishing the probation measures or the alternative sanction; c) the probation decision by which the probation measures have been established, when applicable; d) the person's declaration of the intention to return or to settle in Romania within the next 30 days from the date of the declaration, if the convicted person is in the issuing state; e) any other documents submitted by the person to the authority of the issuing State. (2) After receiving the documents provided in par. (1), the president of the court fixes the term of examination of the application for admission in principle, which cannot be more than 5 days from the date of registration of the case to the court. (3) The court judges in a panel of a single judge. -------- Article 170 ^ 22 was introduced by the section 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 23 Previous measures (1) The court seised according to art. 170 ^ 22 verify that the documents and information transmitted by the issuing state are translated into Romanian and, otherwise, request the remission of the translation. (2) If the certificate is missing, it is incomplete or it is not in accordance with the court decision or the decision of probation transmitted, the court requests the issuing state to transmit, complete or correct the certificate, within no more than 15 days. (3) If one or more of the documents referred to in art. 170 ^ 22 para. ((1) lit. b)-e) are necessary, but have not been transmitted by the issuing state, the court may request it to transmit a copy of these documents within no more than 15 days. (. The court may request the issuing State, if any: ((i) the assessment reference or any report drawn up before or after conviction by the probation service or other competent authority of the issuing State; or (ii) a copy of the document issued by the Romanian authorities proving the right of residence or residence of the person or of a family member thereof, when the convicted person is not a Romanian citizen; or (iii) documents showing the connection of the person convicted with the Romanian state; or ((iv) other documents which it considers relevant in the resolution of the application. (5) At the request of the issuing State, the court shall inform the competent authority of the maximum of the sentence provided by the Romanian law for the offence for which the person concerned was convicted and which could be applied to it in the case revocation or cancellation of the suspension of the execution of the sentence -------- Article 170 ^ 23 has been introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 24 Admission in principle (1) If it finds that the submitted documents meet the requirements laid down in art. 170 ^ 22 para. ((1) or have been completed or corrected as requested, the court shall in principle accept the application by conclusion and fix the time limit for its resolution. The court orders the information of the probation service in whose territorial constituency lives or is to reside the convicted person and requests it the advisory opinion on the probation measures or the alternative sanction of the execution of which was requested. (2) If it finds that the submitted documents do not meet the requirements of art. 170 ^ 22 para. ((1) and have not been transmitted, completed or corrected according to the request, the court rejects by final sentence the request and informs about this issuing state. (3) If, following the information provided in art. 170 ^ 23 para. (5) or for other reasons, the issuing State informs that it withdraws its certificate, the court takes note of the withdrawal of the application, it is disinvested by the final sentence and refund the documents received to the issuing state -------- Article 170 ^ 24 was introduced by the section 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 25 Procedure for the recognition of the judgment (1) The court shall settle the application in the council chamber, with the citation of the convicted person and the probation service. The prosecutor's participation is mandatory (2) The object of the procedure is to verify the conditions provided in art. 170 170 ^ 19 and, if they are fulfilled, the recognition of the judicial decision in order to implement the probation measures or the alternative sanction. (3) The court decides by sentence, within 10 days from the date of admission in principle. The decision shall be drawn up no later than 5 days after the ruling and shall be communicated to the convicted person and the probation service. (4) Against the sentence may declare appeal, within 5 days, the prosecutor, ex officio or at the request of the probation service, as well as the convicted person. For the prosecutor, the term flows from the ruling. For the convicted person, the term flows from the pronouncement or, if it was absent from both the debates and the pronouncement, from the communication of the copy on the device. --------- Alin. ((4) of art. 170 ^ 25 was amended by section 4.2. 35 35 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (5) The court of appeal judges in complete form of a single judge. Provisions of paragraph ((1) shall apply accordingly. The case will be submitted to the court within 3 days, and the appeal is resolved within 5 days. The decision shall be drawn up no later than 5 days after the ruling and shall be communicated to the convicted person and the probation service. --------- Alin. ((5) of art. 170 ^ 25 was amended by section 4.2. 35 35 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (6) The final solution of the Romanian court shall be communicated immediately to the competent authority of the issuing State. The final decision shall be communicated on request to the issuing State. -------- Art. 170 ^ 25 was introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 26 Procedure duration (1) The total duration of the procedure of recognition of the foreign court decision shall be no more than 60 days from the moment of receipt of the application and the documents provided 170 ^ 22 para. ((1). (2) The term provided in par. ((1) may be exceeded by a maximum of 60 days if: (i) the documents provided in art. 170 ^ 22 para. (1) required translation, additions or corrections or the court requested additional information and the issuing State could not respond to the request within the deadline; ((ii) due to exceptional circumstances, the court is unable to settle the application within the time limit referred to in paragraph 1. ((1). (3) In the situation referred to in par. ((2), the court shall inform the competent authority of the issuing State of the need to extend the deadline for the resolution of the application, the reasons leading to delay and the estimated time limit as necessary for the completion of procedure -------- Article 170 ^ 26 has been introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 27 Decisions of the court of law (1) If, following the verification, the court finds that the conditions laid down in art. 170 ^ 19 and the fact that there is no reason for refusal among those provided in art. 170 170 ^ 21, proceed as follows: a) recognizes the court decision and orders the supervision of probation measures or alternative sanction as established in the court decision of the issuing state; b) recognizes the court decision and orders the supervision of probation measures or alternative sanction as they have resulted from their adaptation according to art. 170 170 ^ 28. (. The court shall proceed with the rejection of the application, when: a) the conditions provided for in art. 170 170 ^ 19; or b) there is a reason for refusal of those provided in art. 170 ^ 21. (3) If, following the verification, the court finds the incidence of a reason for refusal among those provided for in art. 170 ^ 21, the court can order, in exceptional cases, the recognition of the court decision and the execution of probation measures or alternative sanction in Romania only if there is a conviction that this would contribute significantly to the social reintegration of the convicted person and the rights or prejudiced the benefits enjoyed by the victims of the crime committed by the convicted person are not violated, if they live in Romania. In order to take a decision, the court will ask the probation service to prepare a report in which the prospects for reintegration of the convicted person into the Romanian society will be presented and will consult the issuing state. Art. 170 170 ^ 32 shall apply accordingly. (4) If the court has rejected the application of the issuing state, a new application on the same court decision is inadmissible, except for the situation in which the application was rejected under the conditions of art. 170 ^ 24 para. ((2). -------- Article 170 ^ 27 has been introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 28 Adaptation of the probation or alternative sanction measures (1) The court adapts one or more of the probation measures or the alternative sanction or the trial term, following, as far as possible, a correspondence as close as possible to the content of the probation measures or sanction alternatives applied by the decision of the issuing State authority whenever: a) the duration of the probation measure or the alternative sanction or the trial period established by the foreign court for the offence committed does not correspond to the appearance of the amount or exceeds the general maximum limit of the probation measure or the the test period applicable, according to the Romanian law. The duration of the probation or alternative sanction resulting from the adaptation may not be higher than that originally established by the decision of the issuing State authority; b) the nature of the probation measure or the alternative sanction does not correspond to the nature of the probation measures or the alternative sanction that applies, according to the Romanian law. The probation measures or the alternative sanction resulting from the adaptation may not be more severe than those originally established by the decision of the issuing State authority. (2) The adjustment by the court of the duration of the probation measure, of the alternative sanction or of the trial period in the event that the duration established in the decision of the foreign court exceeds the maximum duration provided by the criminal law The Romanian consists in reducing this duration to the maximum limit provided by the Romanian criminal law. (3) In the situation referred to in par. ((1), the court shall inform the competent authority of the issuing State of the adaptation of the measures of probation or of the alternative sanction before their execution. Within 10 days of the information, the issuing state has the possibility to withdraw the certificate, in which case the recognized court decision will not be executed. -------- Article 170 ^ 28 has been introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 29 Partial recognition and enforcement (1) If the person has been convicted of several offences, the verification of the conditions shall be made for each offence. When conditions are met only for some of the offences, prior to sentencing, the court asks the issuing State to specify whether and, where applicable, under what conditions a partial execution could take place or if it withdraws certificate. (2) If only some of the probation measures established in the court decision or the decision of foreign probation can be executed in Romania, prior to the ruling, the court asks the issuing state to specify whether and, where applicable, under what conditions a partial execution could take place or if it withdraws its certificate. If, as a result of the information, the issuing State maintains its request and does not withdraw its certificate, the court shall proceed to the recognition of the judgment and, as the case may be, of the decision of probation and enforce those measures of probation for that the conditions are met. (3) If, until the time of recognition of the court decision by the Romanian court, the probation measures or the alternative sanction has been partially executed, the court duly deducts the part already executed and puts in execution remaining unexecuted. -------- Art. 170 ^ 29 was introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 30 Execution of probation measures or alternative sanction (1) The execution of probation measures and alternative sanctions is governed by the Romanian law. The jurisdiction of an appeal in order to abolish or amend the foreign court decision belongs to the issuing State. (2) In the situation provided for in art. 170 ^ 28 para. ((3) the execution does not begin before the 10-day period expires. (3) The court which recognized the foreign court decision is the executing court and has the power to take the subsequent measures after recognition. (4) The probation service supervises the execution of probation measures and alternative sanctions in accordance with the Romanian legislation in the field of probation. ((5) The amnesty or pardon may be granted by both the issuing state and the Romanian authorities. -------- Article 170 ^ 30 has been introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 31 Execution of probation measures or alternative sanction with subsequent decision-making (1) If, after the recognition of a foreign court decision, the convicted person does not meet, in bad faith, the supervisory measures or the alternative sanction or commits a new offence during the term attempt, the Romanian court is competent to revoke the sanction, according to the Romanian criminal law and in accordance with the foreign court decision, when the latter refers to: a) suspension of the execution of the sentence b) conditional release; c) an alternative sanction. (2) In the assumptions provided in par. ((1) lit. b) and c), the court may order the revocation only if the court decision or the recognized foreign probation decision makes express reference to the custodial sentence to be imposed in such a situation. ((. The court shall inform the competent authority of the issuing State of the revocation of the sanction and the penalty imposed. -------- Article 170 ^ 31 has been introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 32 Execution of probation measures or alternative sanction without assuming subsequent decisions (1) If, after the recognition of a foreign court decision, the convicted person does not comply with the supervisory measures or the alternative sanction or commits a new offence during the trial period, the competence the revocation of the sanction or the taking of any other measures lies with the issuing State, where the recognised foreign court ruling relates to: a) postponement of punishment; b) conditional release; c) an alternative sanction; d) one of the assumptions provided in art. 170 ^ 27 para. ((3); e) a convicted person who later established his residence in another state and is no longer in Romania. (2) In the assumptions provided in par. ((1) lit. b) and c), the Romanian court shall return to the issuing state the jurisdiction regarding the revocation of the sanction in the event that the judicial decision or the recognized foreign probation decision does not refer the express to the custodial sentence that is to be imposed in such a situation. (3) In the situations provided in par. ((1), the judge delegated with the execution shall inform the competent authority of the issuing State whenever it finds the existence of reasons for revocation or of facts on which it has requested to be informed. The information shall be made by filling the form set out in Annex 10. If, according to the law of the issuing state, the obedience of the convicted person is mandatory, its declaration can be taken by the authorities of the issuing state by videoconference. The request for the hearing by videoconference of the convicted person shall be drawn up according to the provisions of the applicable treaty between Romania and the issuing State or, in the absence thereof, on the basis of reciprocity, and shall be transmitted on the channels and by the means of communication provided by him or by this law, as the case may be, to the tribunal in whose constituency the convicted person lives. Art. 172 172 and 178 shall apply accordingly. The videoconference hearing takes place in the presence of a representative of the probation service. (4) With the information of the competent authority of the issuing state, according to par. ((3), the judge delegated with the execution requests that the issuing state inform on the subsequent measure taken. -------- Art. 170 ^ 32 was introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 33 Stop surveillance (1) The supervision of the person convicted in Romania ceases and the competence of subsequent decisions lies with the issuing state, in the following situations: a) the convicted person has absconded surveillance and is not found in Romania; b) at the request of the issuing state, when it informs that the convicted person has committed another crime for which his authorities have begun criminal investigation or handed down a final conviction; c) the issuing State shall inform of any measure or decision which entails the impossibility of continuing the execution of the probation measures or of the alternative sanction; d) the issuing state ordered the modification of the probation measures, the alternative sanction or the duration of the term of supervision and it is found that, compared to the concrete content of the probation measure or alternative sanction, as it resulted from the modification, the surveillance activity can no longer be ensured or is no longer compatible with the probation system in Romania. (2) The supervisory activity shall cease in the case of amnesty or pardon granted by the Romanian authorities. (3) The supervisory activity shall cease at the deadline, if the duration of the trial period has been fulfilled and the convicted person has complied with the probation measures or the alternative sanction. (4) Upon termination of the supervisory activity, the probation service shall draw up a report comprising a summary of the supervisory process, which it shall transmit to the judge delegated with the execution for the remission of the issuing State. -------- Art. 170 ^ 33 was introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 34 Communication between the executing court in Romania and the competent authorities of the issuing state and the record keeping (1) During the procedure of recognition of the foreign court decision and, subsequently to its recognition, during the execution of the probation measures, the court shall communicate directly with the competent authority of the issuing State by its transmission the request for information to ensure the speed and efficiency of the procedure for the recognition of the judgment and to support the process of surveillance and social reintegration of the convicted person. (2) For the bookkeeping of the court's activity, the Register on probation measures and alternative sanctions ordered on the territory of other Member States of the European Union and executed in Romania shall be drawn up and preserved. The following entries will be made in this register: the current number; the name and surname of the convicted person; the executing court; the number and the date of the sentencing judgment; the issuing state; the date of receipt of the certificate and the judgment court; the number and date of the judgment by which the foreign court decision was recognized; the probation service responsible for the supervision and information on the execution of the probation measures. -------- Art. 170 ^ 34 was introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Section 3 Recognition of judicial decisions establishing probation measures or alternative sanctions given in Romania for the purpose of their execution in other Member States of the European Union -------- Section 3, head. II, Title VI ^ 1 was introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 35 Conditions for requesting recognition of the judgment ((1) Recognition of the judgment and enforcement in the territory of another Member State of the measures of probation or of the alternative sanction applied by it may be requested by another Member State, where: a) by the court decision ordered one of the following sanctions: (i) suspension of the execution of the sentence under supervision under Article 91 of the Criminal Code; (ii) the internship of civic training, supervision, recording at weekends, daily assistance based on art. 115 of the Criminal Code; --------- Lit. a) a par. ((1) of art. 170 ^ 35 was amended by section 4.2. 36 36 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. b) by the court decision the court established in charge of the person a measure of probation that falls within one of the categories provided for in art. 170 170 ^ 20; c) the court decision is final and enforceable; d) of the evaluation reference drawn up by the probation service, before the judgment or during the supervision period, it follows that the execution of the probation measures applied by the court decision on the territory of the enforcement is likely to ensure the social reintegration of the convicted person; e) of the works of the file, of the statement of the convicted person or from the data communicated by the competent bodies ((i) is located on the territory of that State; or (ii) shall leave the territory of Romania at the latest on the expiry of a period of 30 days from the date of the declaration made in this regard. In order to ascertain that the present condition is fulfilled, the judge delegated with the execution or the probation service may request the convicted person to submit supporting documents; f) the convicted person is not prosecuted or tried for other crimes; g) the remaining time frame until the end of the surveillance deadline set by the court is more than 6 months. Failure to meet this condition does not prevent the transmission of documents and information provided for in art. 170 ^ 37 para. ((2) if, after consultation with the executing State, it declares that it can ensure the execution of the probation measures for the remaining time limit until the end of the surveillance period; --------- Lit. g) a par. ((1) of art. 170 ^ 35 was amended by section 4.2. 36 36 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. h) there are no legal provisions regarding the revocation or cancellation of the sanction; i) the person proves that he has a legal and usual residence on the territory of that state (2) At the request of the convicted person, the recognition of the judicial decision may also be requested from a Member State other than that on the territory of which the convicted person has a legal and ordinary residence, if the conditions provided in ((1) lit. a)-h) and the executing State agrees to take over the execution on its territory of the probation measures applied by the Romanian court. In order to establish the link with the executing State in the territory of which the convicted person requests the execution of the probation measures established in his charge, the executing court or the probation service may request the convicted person, ex officio or at the request of the executing State, submission of supporting documents -------- Art. 170 ^ 35 was introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 36 Initiation of the procedure for the application of the ((1) If, at the time of delivery, the convicted person declares that he intends to return or has returned to the territory of another Member State, after the final stay of the judgment, but before its transmission probation service, the court makes application of the provisions of art. 170 ^ 37 and informs the probation service of the measures taken. (2) In the event that the court decision was transmitted to the probation service and, either on the date of contact, or on the occasion of the first meeting or at a later date, the convicted person declares to the probation counselor that, as the case may be, the returned or intends to return to the territory of another Member State, it shall inform the executing court. The statement of the convicted person shall be recorded in a minutes signed by the probation counselor and the convicted person, if he is present, and shall be transmitted to the executing court with the proposal to initiate the procedure provided for in art. 170 ^ 37. The proposal is contained in a reasoned report. -------- Art. 170 ^ 36 was introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 37 Transmission of the certificate and the judgment (1) The certificate set out in Annex no. 9 shall be completed by the judge delegated with the execution of the court who delivered in the first instance the court decision whose recognition is requested. When the decision was given by the High Court of Cassation and Justice, the certificate shall be completed by the judge delegated with the execution of the Bucharest Tribunal. (2) The certificate, the court decision and, if available, the assessment reference drawn up by the probation service before the judgment or during the supervision period, as the case may be, shall be transmitted by fax, e-mail or by any means of safe communication, which leaves a written mark, to the competent foreign authority to receive or execute it. (3) The documents provided in par. ((2) shall be transmitted translated into or in one of the official languages of the executing State or in another language which the executing State has officially declared to accept. (4) The transmission of the documents referred to in (2) can also be carried out through the secure system of the European Judicial Network, when it will be operational. The originals of the certificate and of the judgment shall be transmitted at the request of the competent foreign authority, by courier services. -------- Art. 170 ^ 37 was introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 38 Request and transmission of information (1) With the transmission of the documents provided in art. 170 ^ 37 para. ((2), the judge delegated with the execution requests information on: a) the maximum duration of the deprivation of liberty provided by the law of the executing State for the offence as to which the court decision was ruled and which could be imposed on the convicted person in case of violation of the measures of probation or the commission of a new crime by the convicted person; b) the declaration of the executing State on the assumption or non-assumption of decisions following the recognition of the judgment. (2) After the transmission of the documents referred to in 170 ^ 37 para. ((2), the judge delegated with the execution shall communicate, ex officio or at the request of the competent authority of the executing State, additional information necessary for the recognition of the judicial decision or for the execution of -------- Art. 170 ^ 38 was introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 39 Withdrawal of the certificate sent to the (. The certificate sent to the competent authority of the executing State may be withdrawn when: a) after the transmission of the documents provided in 170 ^ 37 para. (2), but before the recognition of the judicial decision by the executing State, it is found that the provisions regarding the revocation or cancellation of the sanction are incidents; b) after receiving the information requested according to art 170 ^ 38 para. (1) it is noted that the maximum duration of the deprivation of liberty provided by the law of the executing State for the offence as to which the court decision was ruled and which could be imposed on the person convicted in the case of violation probation measures or the commission of a new crime by the convicted person is superior to that provided by the Romanian law; c) after receiving the decision to adapt the probation measures or the duration of the test period applied by the court decision whose recognition has been requested, it is assessed that the probation measures established by the executing State do not are likely to correspond to those ordered in the Romanian court decision or to ensure the social reintegration of the convicted person. (2) In the situations provided in par. ((1) lit. b) and c), the certificate may be withdrawn at the latest on the expiry of a period of 10 days from the receipt of the information, unless the execution of the probation measures has begun. In making a decision on the withdrawal of the certificate, the judge delegated with the execution may request the point of view of the probation service that is competent to supervise the execution of the sanction in Romania. -------- Art. 170 ^ 39 was introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 40 Effects of recognition of the judgment by the executing State (1) The execution of the probation measures applied by a court decision recognized by the executing State shall be governed by the law of the executing State. (2) The competence of the trial of an appeal in order to abolish or amend the judicial decision belongs to the Romanian state. (3) The amnesty or pardon may be granted both by the Romanian state and by the executing State. -------- Art. 170 ^ 40 was introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 41 Execution of probation measures with the assumption of subsequent decisions by the executing State (1) After the recognition of the judicial decision, the executing State is competent to take all subsequent decisions on the sanction imposed by the Romanian court decision, except in the situations provided in art. 170 ^ 42. (2) During the course of supervision, the judge delegated with the execution shall communicate ex officio information that could lead to the modification of the probation measures, the revocation of the sanction or the execution of a prison sentence or a safety measure as a result of non-compliance with a probation measure. The information shall be made by filling the form set out in Annex 10. The transmission and translation of additional information shall be made according to 170 ^ 37 para. ((2) and (3). (3) If, before the recognition of the judicial decision by the executing State, the Romanian court proceeded to implement the probation measures, their supervision shall cease in Romania from the date on which the court enforcement has been informed of the recognition of the judgment. -------- Art. 170 ^ 41 was introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 42 Execution of probation measures without the assumption of subsequent decisions by the executing State (1) If the executing State declares that, in certain cases, expressly mentioned, it does not assume the decisions subsequent to the recognition of the court decision, the executing court reacquires the competence with regard to the revocation of the sanction applied by the court decision. The declaration of the executing State shall be verified by the Judge delegated with the execution on the date of completion ((2) The judge delegated with the execution requests the competent authority of the executing state that, during the supervision, inform the Romanian court of execution of any finding that could attract the revocation of the sanction, in special on non-compliance with probation measures or the commission of a new crime. The information shall be made by filling the form set out in Annex 10. (3) If the competent authority of the executing State has proceeded to adapt or amend the probation measures or the duration of the test period and the conditions of the revocation are met, the executing court shall proceed according to the Romanian law and by reference to the judgment of conviction. (4) In the situation referred to in par. (1), if the convicted person is still in the executing state, his obedience may be carried out by videoconference, according to the provisions of art. 172 and 178. The videoconference hearing shall be held in the presence of a representative of the probation service or the competent authority with the supervision of the person of the executing State. (. The competent authority of the executing State shall be informed immediately of the subsequent decision of the Romanian executing court. -------- Art. 170 ^ 42 was introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 43 Re-acquisition of the supervisory competence of the execution of probation measures The executing court shall reacquire the right to enforce the probation measures applied by the court decision transmitted to the executing State when: a) the certificate shall be withdrawn according to 170 170 ^ 39; b) after the transmission of the documents provided in 170 ^ 37 para. (2) or after the recognition of the judgment, the executing State informs that it is unable to enforce or continue the execution of probation measures as the convicted person cannot be found, fled or no longer has legal and usual residence on its territory; c) in the situation provided in art. 170 ^ 42. -------- Art. 170 ^ 43 was introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 170 ^ 44 Communication between the executing court in Romania and the competent authorities of the executing State and the record keeping (1) In order to initiate the recognition procedure, during this procedure and, subsequently to the recognition of the Romanian court decision, during the execution of the probation measures, the court of execution, by the judge delegated with the execution, communicate directly with the competent authority of the executing State by transmitting or requesting information to ensure the speed and efficiency of the procedure for the recognition of the judgment and to support the reintegration process social of the convicted person. (2) For the bookkeeping of the activity of the court, the Register on probation measures and alternative sanctions executed on the territory of other Member States of the European Union shall be drawn up and preserved. In this register the following entries will be made: the current number; the name and surname of the person to whom the decision is ordered; the execution court; the number and date of the decision; the date of transmission of the certificate and the court decision; execution; information on the execution of probation measures in the executing State. --------- Alin. ((2) of art. 170 ^ 44 was amended by section 4.2. 37 37 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. -------- Art. 170 ^ 44 was introduced by item 49 49 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Title VII Legal aid in criminal matters + Chapter I International legal aid + Article 171 Subject of judicial For the purposes of this Chapter, international legal aid shall include the following activities a) the international rogatory commissions; b) videoconferencing hearings; c) the appearance in the requesting state of witnesses, experts and persons followed; d) the notification of procedural documents that are drawn up or filed in a criminal trial; e) criminal record; f) other forms of legal aid. + Article 172 General content of the application for legal aid and its annexed acts (. The application for legal aid shall indicate: a) the name of the requesting judicial authority and the name of b) the object and reasons c) legal qualification of the facts; d) the identification data of the suspect, defendant or convict or the witness or expert, as the case may be; e) legal framing and summary presentation of the facts. (. The application shall be annexed to the application, as appropriate, depending on the nature and the subject of the application. ((3) Acts annexed to the application for legal aid must be certified by the requesting judicial authority, being exempt from any other formalities of overrepresentation. --------- Article 172 has been amended by section 6.6. 38 38 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 173 International rogatory Commission The international rogatory commission in criminal matters is that form of judicial assistance that consists of the empowerment that a judicial authority in a state grants to an authority in another state, mandated to perform, in the place and on behalf of or, some judicial activities regarding a certain criminal trial. + Article 174 Commission of the rogatory (1) The object of the request for a rogatory commission is in particular: a) the location and identification of persons and objects; the hearing of the suspect, the defendant, the injured person, the civil party, the civilly responsible party, witnesses and experts, and the confrontation; the search, the erection of objects and documents, seizure and special or extended confiscation; on-site research and reconstitution; surveys; transmission of necessary information in a given process, interception of calls, examination of archival documents and specialized files and other such procedural documents; --------- Lit. a) a par. ((1) of art. 174 174 has been amended by section 4.2 39 39 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. b) transmission of material means of proof; c) communication of documents or files. (2) If the requesting state wishes that witnesses or experts take an oath, it will expressly ask for it, and the Romanian state will follow this request in situations in which the Romanian domestic law does not oppose it. (3) The Romanian state will transmit only certified copies or photocopies from the required documents or files. If the requesting State expressly requests the transmission of the original documents, it shall, as far as possible, comply with this request. + Article 175 Date and place of the commission (1) If the requesting state expressly requests, the Romanian state shall inform it about the date and place of the commission of the rogatory commission. The authorities and persons concerned, mentioned by the requesting state, will be able to assist and collaborate on the commission of the rogators, within the limits allowed by the Romanian law. (2) Provisions of para. ((1) shall apply accordingly and where the assistance is sought by the Romanian judicial authorities. + Article 176 Picking up items and documents and conducting searches (1) In order to discover and collect evidence on the territories of other states, the competent Romanian judicial body may ask foreign authorities to pick up objects and documents or to carry out searches and to remit objects or documents surrendered or raised during the search. When requesting a house search, in the request drawn up according to art. 172, the requesting Romanian judicial body indicates and confirms the issuance by the competent judge of the conclusion by which the search was made. (2) In application of para. (1), the lifting of objects and documents and the conduct of searches shall be carried out according to the law of the (3) When Romania is a state requested, the request made by the competent foreign authorities must include the information provided for in art. 172, as well as: a) the name, surname and signage of the person investigated by the foreign authorities, indicating the traces of the crime or other objects that are supposed to exist in the place to be searched; b) the reason for requesting the search; c) indication of the legal classification, description of the factual situation, evidence or data from which it follows that in the place where the search is requested is the person investigated by the foreign authorities or samples can be discovered regarding the offence; d) where appropriate, indication of the evidence or data resulting from reasonable suspicion of the commission of a crime or of the objects and documents subject to the offence; e) indication of the place where the search is to be carried out. (4) The application referred to in paragraph ((3) is admitted, if the following conditions are met: a) the act that is the subject of the criminal procedure carried out in the requesting state would have constituted, if it had been committed on the territory of Romania, a crime and the author would have been sanctionable. If the measure has been applied for several offences, the verification of the condition is made for each offence in part; b) the punishment provided by the Romanian law and that of the requesting state for the crime committed by the person investigated by the requesting state is at least one year imprisonment. (5) The conditions provided in par. (4) may attract the reciprocity rule. (6) When Romania is a requested state, the lifting of objects and documents and the search are available and carried out according to the Code of Criminal Procedure, based on the prosecutor's order or the conclusion of the judge, and in the case of the search , based on the authorization given by the competent Romanian judge. In the case of house search, the condition of starting the criminal investigation provided by the Code of Criminal Procedure does not apply. -------- Article 176 has been amended by section 6.6. 50 50 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 177 Remission of objects and files (1) The Romanian state will be able to postpone the remission of objects, files or documents whose communication is requested, if they are necessary for an ongoing criminal procedure. (2) The objects and originals of the files and documents, communicated in the performance of a rogatory commission, will be returned as soon as possible to the Romanian state by the requesting state, unless the Romanian state gives them up. + Article 178 Videoconferencing hearings (1) If a person who is on the territory of Romania must be heard as a witness or expert by the judicial authorities of a foreign state and it is inappropriate or impossible for that person to personally appear on the territory of that State, the foreign state may request that the hearing be held by videoconference, according to the following paragraphs. ((2) Such an application may be accepted by the Romanian State if it does not contravene its fundamental principles of law and provided it has the technical means to allow the hearing by videoconference. (3) In the request for a videoconference hearing, it must be specified, apart from the information provided in art. 172, the reason why it is not appropriate or it is impossible for the witness or expert to be present personally at the hearing, as well as the name of the judicial authority and the names of the persons who will (4) The witness or expert will be quoted according to the Romanian law. (5) The competent judicial authorities to execute the requests made by the authorities of other states are the courts of appeal, in the course of the judgment, namely the prosecutor's offices of the courts of appeal, during the criminal investigation. -------- Alin. ((5) of art. 178 178 has been amended by section 51 51 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (6) Video conferencing shall be conducted according to the following rules: a) the hearing takes place in the presence of the competent Romanian judge or prosecutor, as the case may be, assisted, as the case may be, by an interpreter; he verifies the identity of the person heard and is obliged to ensure respect If it finds that the fundamental principles of Romanian law are violated, the judge or prosecutor shall immediately take the necessary measures to ensure the conduct of the hearing in accordance with the Romanian law; b) the competent Romanian judicial authorities and those of the requesting State agree, as the case may be, on the protection measures of the witness or expert; c) the hearing shall be carried out directly by the competent judicial authority of the requesting State or under its coordination, according to its internal law; d) the witness or expert will be assisted, as appropriate, by an interpreter, according to the Romanian law; e) the person called as a witness or expert can invoke the right not to testify, which is conferred on him either by the Romanian law or by the law of the requested state. (7) Without prejudice to the agreed measures for the protection of witnesses, the Romanian judicial authority shall draw up a report on the date and place of the hearing, the identity of the person heard, information on the taking of the oath and the technical conditions in which the hearing was conducted. The minutes shall be transmitted to the competent judicial authority of the requesting State (8) The provisions of the Code of Criminal Procedure shall apply accordingly. (9) The provisions of this Article may also apply to the hearing of suspects or defendants, if the person concerned consents and if there is an agreement in this regard between the Romanian judicial authorities and those of the requesting State. --------- Alin. ((9) of art. 178 178 has been amended by section 40 40 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. ((10) The expenses related to the establishment of the video link, those related to the making available of this link in the requesting State, the remuneration of the interpreters and the allowances paid to witnesses and experts, and the travel expenses in the requested state will be reimbursed by the requesting foreign state to the Romanian state, if the latter has not expressly waived the reimbursement of these expenses in whole or in part. (11) The statements of the suspect or defendant, of the other parties in the criminal proceedings or of the expert, who are abroad, can be taken by videoconference whenever it is inopportune or impossible for that person to personal depicts on the territory of Romania It is considered unable to appear personally on the territory of Romania and the person in detention on the territory of another state. In this regard, the prosecutor who carries out or supervises the prosecution or the court on whose role the case is concerned shall draw up and transmit, directly or through the central authorities provided for in art. 10, the application for international judicial assistance in criminal matters. Provisions of paragraph ((3) and (9) shall apply accordingly. --------- Alin. (11) of art. 178 178 has been amended by section 40 40 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 179 Spontaneous transmission of information (1) The Romanian judicial authorities may, without prior request, transmit to the competent authorities of a foreign state the information obtained in an investigation, when they consider that they could help the recipient state to initiate a the criminal procedure or when the information could lead to the formulation of a request for legal aid. (2) The Romanian state may impose certain conditions regarding the use of the transmitted information, according to the provisions of par. ((1). The receiving State is obliged to comply with the conditions imposed. + Article 180 Supervised deliveries (1) The competent Romanian judicial authorities authorize, on request, under the conditions provided by the Romanian law, supervised deliveries, in criminal proceedings regarding crimes that can give place to extradition. (2) The supervised deliveries are carried out according to the Romanian law. ((. The provisions of this Article shall apply accordingly and where the assistance is sought by the Romanian judicial authorities. + Article 181 Use of undercover investigators (1) The Romanian state may agree with a foreign state to provide mutual assistance for the conduct of investigations by undercover investigators. (2) The competent Romanian authorities shall decide, on a case-by-case basis, according to Romanian law. (3) Under the conditions stipulated by the Romanian law, the Romanian and foreign judicial authorities will determine the concrete ways of conducting the investigation and the legal status of the agents. --------- Article 181 has been amended by section 1. 41 41 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 182 Joint investigation teams (1) The joint investigation teams may be established and may operate on the territories of Romania and other states in order to facilitate the conduct of criminal investigations. The procedures governing the operation of these teams, such as the composition, duration, location, organization, functions, purpose and conditions for the participation of members of a team in the investigative activities, shall be established by written agreement. The national member of Eurojust or his deputy may participate in the activities carried out within the joint investigation team. In relation to the member states of the European Union, the agreement ends by the first prosecutor or the prosecutor general of the prosecutor's office in which the prosecutor carrying out or supervising the prosecution or, when not there is no criminal procedure in progress on the territory of Romania, regardless of the nature of the crime, the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice or the prosecutor appointed by him In relation to states that are not members of the European Union, the agreement is concluded by the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice or by the prosecutor appointed by him. -------- Alin. ((1) of art. 182 182 has been amended by section 52 52 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (. A joint investigation team may be created in particular when: a) in the course of an ongoing procedure in the requesting State, difficult investigations are required and involving important human and other means, which concern both States; b) several States carry out investigations that require coordinated and concerted action in the States concerned. (3) The application for the formation of a joint investigation team may be made by any State involved. The team is formed in one of the states where the investigation must be conducted (4) The application for the formation of a joint investigation team shall include proposals for the composition of the team. (5) The components of the joint team appointed by the Romanian authorities are members, while those designated by a foreign state have the status of seconded members. (6) The activity of the joint investigation team on the territory of the Romanian state takes place according to the following a) the team leader is a representative of the competent Romanian judicial authority; b) the team's actions are carried out according to the Team members and seconded members of the team execute their duties under the responsibility of the person provided in a). (7) Members seconded to the joint investigation team are empowered to be present at any procedural acts, unless the head of the team decides otherwise. (8) When the activity of the joint investigation team takes place on the territory of another state, if it is assessed that it is necessary to carry out research on the territory of Romania, the prosecutor who is a member of the joint investigation team may asks the Romanian authorities to carry out those acts, without the other participating states submitting a request for judicial cooperation, unless the arrest of a person for extradition or surrender is requested, as the case may be. The procedures necessary to perform the respective activity in Romania will be those applicable to criminal investigation activities, according to the Romanian law -------- Alin. ((8) of art. 182 182 has been amended by section 52 52 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (9) A member seconded to the joint investigation team may, in accordance with its national law and within the limits of its powers, provide the team with the information which is available to the State which seconded it for the purpose of carrying out criminal investigations made by team. (10) Information commonly obtained by a member or a member seconded in the framework of participation in a joint investigation team and which cannot otherwise be obtained by the competent authorities of the States concerned may be used for the purposes of Next: a) for the purpose for which the team was created; b) to discover, research or pursue other crimes, with the consent of the state on whose territory the information was obtained; c) to prevent an imminent and serious danger to public security and in compliance with the provisions laid down in lett. b); d) for other purposes, provided that this is agreed by the States that formed the team. (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. + Article 183 Cross-border surveillance ((1) Subject to the existence of contrary provisions in the convention applicable in relation to that State, the agents of a foreign state, which, in the course of a judicial investigation, supervise on the territory of that State a person who is presumed to have participated in committing a crime that gives way to extradition or a person to whom there are serious reasons to believe that it can lead to the identification or location of the person mentioned above, are authorized to continue this surveillance on the territory the Romanian State, on the basis of a request for legal aid submitted in advance On request, the supervision may be exercised by the competent Romanian authorities. (2) The application for legal assistance provided in par. (1) will be addressed to the Prosecutor's Office of the High Court of Cassation and Justice and will include all relevant information in question, in accordance with the provisions of the applicable convention. By authorization the Prosecutor's Office of the High Court of Cassation and Justice will be able to establish certain conditions. (3) When, for emergency reasons, the prior authorization of the Romanian state cannot be requested, the foreign agents acting in the judicial investigation in the prosecution phase are authorized to continue on the territory of Romania the supervision of a person suspected of having committed one of the acts listed in par. (5), in the following conditions: a) the border crossing will be communicated immediately, during supervision, to the Prosecutor's Office of the High Court of Cassation and Justice, as well as to the structure of the Border Police constituted at the border crossing point; b) a request for legal assistance according to par. ((1) and which displays the reasons justifying the crossing of the border without prior authorization will be transmitted without delay. (4) The supervision referred to in par. ((1) and (2) may be carried out only in the following conditions: a) the supervisory agents must comply with the provisions of this article and of the Romanian law; b) subject to the situations provided in par. (3), during supervision, agents have on them a document stating that their permission has been granted; c) the supervisory agents must be in a position to justify their official quality; d) the supervisory agents may wear the armaments provided during supervision, unless by authorization the Prosecutor's Office of the High Court of Cassation and Justice has provided otherwise; its use is prohibited, unless self-defense; e) the entry into the home of a person and other places not accessible to the public is prohibited; f) the supervisory agents may neither retain nor arrest the supervised person; g) about any surveillance operation will be drawn up a report to the Prosecutor's Office of the High Court of Cassation and Justice, which will also ask for the presentation in person of the agents who carried out the supervision; h) the authority of the State to which the agents who carried out the supervision, at the request of the Romanian competent authority, may assist the investigation, including the judicial proceedings; i) the authorities of the state to which the supervisory agents belong, at the request of the Romanian authorities, contribute to the smooth conduct of the investigation following the operation in which they participated, including the judicial proceedings. (5) The supervision referred to in par. ((3) can only take place for one of the following facts: a) murder and qualified murder; b) serious crimes of a sexual nature, including rape and sexual abuse of minors; c) Qualified destruction and destruction, committed by fire, explosion or by any such means; d) counterfeiting and falsification of means of payment; e) theft and robbery in qualified form, as well as the receipt of stolen goods; f) embezzlement; g) illegal deprivation of liberty; h) crimes of human trafficking, trafficking of minors, use of services of an exploited person, child pornography; i) offences relating to drug trafficking or precursors; j) crimes related to non-compliance with the regime of weapons and ammunition, explosive materials, nuclear materials and other radioactive materials; k) illegal transport of toxic and harmful waste; l) migrant trafficking, facilitation of illegal stay in Romania; m) blackmail. --------- Alin. ((5) of art. 183 183 has been amended by section 42 42 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (6) The supervision referred to in par. (3) will cease if the authorization was not obtained within 5 hours of the crossing of the state border, as well as at the request of the Prosecutor's Office of the High Court of Cassation and Justice. + Article 184 Interception and recording of conversations and communications ((1) In order to resolve a criminal case, the judicial authorities of the requesting State or the competent authorities so designated by the requesting State may apply to the Romanian authorities a request for legal aid interception of telecommunications and their immediate transmission to the requested State or interception of registration and subsequent transmission of telecommunications to the requesting State, if the person pursued: a) is located in the territory of the requesting State and it needs technical assistance in order to be able to intercept communications from the target; b) is located on the territory of the Romanian state, if the communications from the target can be intercepted in the Romanian state; c) is located in the territory of a third country that has been informed and if the requesting State needs technical assistance for intercepting communications from the target. (. Applications submitted pursuant to this Article shall meet the following conditions: a) to indicate and confirm the issuance of an order or a warrant for interception and registration, within the framework of a criminal trial; b) contain information to identify the target of the interception; c) indicate the criminal acts that are the subject of criminal investigation; d) mention the duration of the interception; e) if possible, contain sufficient technical data, in particular the network connection number, to enable the processing of the application. (. If the application is made in accordance with the provisions of paragraph 1. ((1) lit. b), it will also have to contain a description of the facts. The Romanian judicial authorities may request any further information which is necessary to enable them to assess whether the measure applied for would be taken and in a similar national case. + Article 185 Identification of crime products and instruments ((1) In order to collect data related to the existence, location, nature, legal status, value or movement of products or instruments arising from the commission of the crime or other property related to the offence subject to the criminal investigation and prosecution, judgment or enforcement, the criminal investigation body, the prosecutor or the court may ask the authorities in other states for data and information in this regard. ((2) The assistance requested by the debt recovery offices or other authorities with similar duties in the Member States of the European Union shall be carried out in accordance with the procedure laid down by the law designated by the national authority as national office for the recovery of claims in the field of tracking and identification of goods from the commission of crimes or other property related to crimes. ---------- Alin. ((2) of art. 185 185 has been amended by art. 48 of LAW no. 318 318 of 11 December 2015 , published in MONITORUL OFFICIAL no. 961 961 of 24 December 2015. (3) In its activity, the authority referred to in par. (2) process and transmit to other offices of recovery of claims or authorities with similar tasks data and information regarding identified or identifiable individuals, in compliance with the legal provisions on data processing with personal character. -------- Article 185 has been amended by section 1. 53 53 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 186 Principle of specialty (1) The evidence or information obtained by the Romanian judicial authorities on the basis of requests for international legal assistance executed by the authorities of other states may not be used in criminal cases other than that mentioned in the application, without the prior consent of the requested State authority. (2) Provisions of para. ((1) shall also apply with regard to the evidence or information obtained by the Romanian judicial authorities on the basis of requests for international judicial assistance executed by the Romanian authorities. The judicial authority which has carried out the request or the central authority, as the case may be, shall make a statement on the date of transmission of the evidence -------- Article 186 has been amended by section 6.6. 54 54 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 187 Provisional measures At the request of the requesting state, the provisional measures provided by the Romanian law can be taken in order to protect the means of proof, to maintain an existing situation or to protect + Article 188 Appearance of witnesses or experts (1) If the appearance in person of a witness or expert before the Romanian judicial authorities is necessary, the requesting judicial authority will make mention in this regard, by the request for the delivery of the citation. (2) In the case provided in par. ((1), in application or in the citation, the amount of approximately the repayable expenses of transport, maintenance, housing and other necessary expenses occasioned by the call before the judicial authorities shall be mentioned. The Romanian judicial authority that ordered the call will be able to request the requested state, by request, to grant an advance to the witness or expert, the reimbursement to be made from the fund of special legal expenses allocated. --------- Alin. ((2) of art. 188 188 has been amended by section 43 43 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (3) If the appearance in person of a witness or expert is requested by the Romanian authorities by a foreign state, if the witness or expert declares that he will appear personally, he/she may request the granting of an advance from the amount expenses occasioned by the call before the judicial authorities. The court will indicate by closing the amount of money requested by the witness or expert, the banking unit where the amount of money is to be recorded, the record being made on behalf of the witness or expert, at the disposal of the Romanian judicial authority skills. The conclusion of the court, as well as the written statement of the witness or expert will be communicated to the requesting state on one of the ways provided in 11 11 or 12. --------- Alin. ((3) of art. 188 188 has been amended by section 43 43 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 189 Expenditure level The repayable expenses of transport, maintenance, housing and other necessary expenses occasioned by the call before the judicial authorities, refundable to the witness or expert by the requesting Romanian state, will be calculated from the place of its residence and will be granted at least equal levels to those provided for by the tariffs and regulations in force in the state in which the hearing must take place. --------- Article 189 has been amended by section 6.6. 44 44 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 190 Failure to present the witness or expert The witness or expert who did not appear following the receipt of the appearance citation whose communication was requested will not be able to be submitted, even if the subpoena will include a categorical order, no sanctions or coercion measures, except the case. in which he will return from his own initiative on the territory of the requesting Romanian state and if he is again quoted here, legally. + Article 191 Refusal to testify If a witness who gives a course to the subpoena and presents himself before a Romanian judicial authority refuses to testify in whole or in part, he cannot be subject to any measure of restriction of freedom or otherwise prevented from leaving Romania, even if, according to the Romanian law, such a refusal would constitute a crime or could attract coercive measures. + Article 192 Immunities (1) No witness or expert, whatever his nationality, who, following the receipt of a subpoena, shall consent to appear before the judicial authorities of the requesting Romanian State shall neither be pursued nor held nor subject to any other restrictions of his individual freedom on the territory of Romania for acts or convictions prior to his departure from the territory of the requested foreign state (2) If during the trial the arrest of a witness who is suspected of having committed a crime in connection with his testimony before the judicial authorities of the requesting Romanian state, other than the refusal to testify, will be ordered. consider whether the interests of the judiciary would not be better protected by entrusting the prosecution, if possible, to the requested foreign state. (3) No person, whatever their nationality, is quoted before the judicial authorities of the requesting Romanian state, in order to carry out criminal proceedings for certain crimes, will not be able to be pursued, neither owned nor subject to any other measures to restrict freedom in Romania for acts or convictions prior to its departure from the territory of the foreign state requested and which are not mentioned in the citation. (4) The immunity provided for by this Article shall cease if the witness, expert or person pursued, having the possibility to leave the territory of the requesting Romanian State within 15 consecutive days after his presence is no longer required by the the Romanian judicial authorities, will remain on the territory of Romania or will return here after he has left him. + Article 193 Temporary transfer of persons held in the territory of the requesting State (1) The person held, whose presence for the hearing as a witness or the confrontation is required by the requesting judicial authorities, shall be temporarily transferred to the territory of that State, subject to his return within the time indicated by the the requested judicial authority and subject to the provisions of 192, to the extent that they can be properly applied. (2) In the case of requests to the Romanian judicial authorities, the jurisdiction to settle the application belongs to the court in whose territorial area the place of possession is located. In this regard, the court will order the hearing of the person held, in the presence of an elected or appointed public defender, as well as an interpreter, if applicable, in the council chamber, with the participation of the prosecutor. The person held is known as the subject of the application, asking him to declare whether he agrees to be temporarily transferred to the territory of the requesting State for the hearing as a witness. His statement is recorded in a minutes signed by the presiding judge, the Registrar, the interpreter and the defendant. (3) If the person held does not consent, the court will order by concluding the rejection of the application. The conclusion is final and shall be communicated within 48 hours of the Ministry of Justice. (4) If the detained person consents to his temporary transfer, the court will check whether the conditions provided in par. (6), to order, by conclusion, admission or rejection of the application, as the case may be. The conclusion can be appealed, within 24 hours of the ruling, by the competent prosecutor. The appeal shall be resolved within 3 days. --------- Alin. ((4) of art. 193 193 has been amended by section 45 45 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (5) The conclusion provided in par. (4) shall be communicated to the Ministry of Justice, within 24 hours from the date of final stay, which shall inform the central authority of the requesting state of the decision of the Romanian judicial authority. The conclusion by which the court ordered the temporary transfer of the person held is also communicated to the Ministry of Administration and Interior, which ensures the handing over of the person held according to par. ((8). (6) The transfer may be refused: a) if the presence of the person held is necessary in an ongoing criminal trial on the territory of b) whether the transfer of the person held is liable to extend his detention; c) if there are any other reasons opposing its transfer to the territory of the requesting State (7) The transferred person shall remain in detention in the territory of the requesting State and, if applicable, within the territory of the requested State for transit, unless the competent Romanian judicial authority requires it to be released, in the conditions of the Criminal Procedure Code (8) The place of surrender of the detainee to the requesting State, as well as the place of its takeover from this state will be a border point of the Romanian state. The prisoner is surrendered and taken under escort. The Ministry of Administration and Interior will provide teaching and takeover, informing the Ministry of Justice. ((9) Provisions of para. ((7) shall apply accordingly if the Romanian State is an applicant State. (10) In the case of applications made by the Romanian judicial authorities, subject to the provisions of 167 167 para. ((2) lit. a) and b), the transit through the territory of a third state of the person held will be granted at the request addressed by the Ministry of Justice to the central authority of the state requested for transit, accompanied by all necessary documents. + Article 194 Temporary transfer of persons held in the territory of the requested State (1) If the object of the application for legal aid addressed to the requested State involves performing acts of procedure for which it is necessary to present a person held in Romania, the Romanian judicial authority the applicant may temporarily transfer this person to the territory of the State where the investigation must take place, if there is an agreement between the Romanian authorities and the authorities of the requested State. The modalities of temporary transfer of the person and the deadline to be sent to the territory of Romania will be established by that agreement. (2) The transferred person will remain in detention on the territory of the requested state and, possibly, on the territory of the transit state, unless the Romanian judicial authorities have asked for his release. (3) The period of detention on the territory of the requested state shall be deducted from the duration of detention that the person must or will have to carry out on the territory of Romania + Article 195 Personal appearance of convicted and transferred persons Art. 193 and 194 shall also apply accordingly to persons held on the territory of Romania, following their transfer in order to execute a sentence handed down on the territory of the state of conviction, when personal appearance for the purpose of the review The judgment is required by the state of conviction. + Article 196 Witness protection Witnesses heard according to the provisions of this title shall benefit, as appropriate, from protection, according to the legislation in force + Article 197 Communication of procedural documents (. The communication of procedural documents shall be made under the conditions of this Title and in accordance with the provisions of the relevant international treaties. (2) By procedural documents, it is mainly understood the citations for parties or witnesses, the indictment, other acts of prosecution, court decisions, requests for the exercise of judicial review avenues or acts concerning the execution of a penalties, payment of a fine or payment of procedural expenses. ((3) The requests for legal assistance regarding the communication of procedural documents addressed to the Romanian judicial authorities shall be fulfilled in the trial stage by the district of which the person who resides or is the place of detention The documents are to be communicated to him, and in the prosecution phase, by the prosecutor's office. + Article 198 Communication and proof of communication (. The communication of procedural documents may be carried out by simple transmission to the addressee. If the requesting state expressly requests it, the Romanian state will carry out the communication in one of the forms provided for by the Romanian legislation for analogous handing over or in a special form compatible with this legislation. ((2) The proof of communication is made by a document dated and signed by the recipient or by a declaration of the requested Romanian judicial authority, finding the fact of the communication, the form and the date of the communication. The act or declaration shall be sent immediately to the requesting State At the latter's request, the Romanian state will specify whether the notification was made in accordance with the Romanian law. If the communication could not be made, the Romanian state immediately notifies the requesting state about the reason for non-communication. + Article 199 Deadline for communication The citation for appearance, intended for a wanted person who is on the territory of Romania, is transmitted to the competent Romanian authorities no later than 40 days before the date fixed for appearance. This period shall be taken into account when fixing the date of appearance and transmission of the citation. + Article 200 Communication by post of procedural documents (1) The Romanian judicial authorities may transmit directly, by post, the procedural documents and decisions of the persons who are on the territory of a foreign state, if through the international legal instrument applicable in relation to that state, provides such. (2) In the case provided in par. ((1), the procedural documents and judgments shall be accompanied by a note indicating that the consignee may obtain from the issuing judicial authority information on his rights and obligations. + Article 201 Communication of documents and data (1) The Romanian state communicates, in so far as the Romanian judicial authorities may themselves obtain in such a case, the extracts from the criminal record and any data relating to it that will be required, for a criminal case, of judicial authorities of the requesting foreign state. (2) In other cases, other than those provided in par. (1), it will be followed by such a request, under the conditions provided by the Romanian law. + Article 202 Transmitting information (1) The Romanian state will transmit to the foreign state interested information about the criminal decisions and the subsequent measures, which refer to the citizens of the foreign state and who were the subject of a mention in the criminal record. This information shall be communicated at least once a year. (2) If the person concerned is a citizen of several states, the information shall be communicated to each state concerned, unless this person has the citizenship of the Romanian state. (3) The Romanian state shall transmit to the foreign state concerned, at its request, in special cases, a copy of the decisions and measures provided in par. ((1), as well as any other information relating thereto, in order to enable it to examine whether they require measures domestically. + Article 203 Romanian competent authority (1) The information referred to in art. 200 are transmitted through the Ministry of Justice. (2) Information of the same kind, received from the competent authorities of foreign states in the exchange of information, shall be received by the Ministry of Justice, which shall transmit them to the competent authorities, to proceed in relation to the tasks related to the recognition and registration of foreign criminal decisions, respectively. + Chapter II Provisions on legal aid applicable in relation to the Member States of the European Union + Section 1 Provisions for the implementation of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at the common borders, Schengen + Article 204 Providing assistance According to this section, legal aid is also granted: a) in proceedings concerning facts punishable under the Romanian law or the law of the requesting Member State as infringements of the legal rules, found by the administrative authorities whose decision may be appealed before a competent court in criminal matters; b) in proceedings concerning the award of damages for abusive research or unlawful conviction; c) in non-contentious proceedings; d) in civil actions joined to criminal actions, as long as the court has not definitively decided in respect of the criminal side; e) to notify judicial communications concerning the execution of a penalty or a safety measure, the payment of a fine or the payment of costs; f) for measures to suspend the delivery or delay the execution of a sentence or a safety measure, conditional release or suspension or interruption of the execution of a sentence or a safety measure. + Article 205 Tax and excise assistance assistance (1) The Romanian State shall grant, in accordance with the provisions of the European Convention for Judicial Assistance in Criminal Matters of 20 April 1959, legal assistance with regard to the violations of the legal provisions on excise duties, of the value tax Added also in customs matters. ((2) If Romania is an applicant state, the information and evidence obtained from the requested State will not be transmitted or used for other investigations, prosecutions or proceedings than those mentioned in the application, unless it has prior consent of the requested State. ((3) The legal aid provided for in this Article may be refused where the total presumed amount of unpaid customs duties in full or circumvented does not exceed EUR 25,000 or the equivalent in lei or when the presumed value of goods exported or imported without authorization do not exceed 100,000 euro or the equivalent in lei, unless, given the circumstances or identity of the accused, the requesting State considers the case to be very serious. (4) The provisions of this Article shall also apply where the requested legal aid relates to facts which are liable only to a fine for infringements of the legal rules sanctioned by administrative authorities and when emanates from a judicial authority. + Article 206 Search and seizure (1) Provisions art. 176 176 para. ((1) shall not apply in relation to States Parties to the Convention implementing the Schengen Agreements. (2) In relation to the states mentioned in par. ((1), for the execution of requests for commissions rogatory having as object searches or seizure may be imposed, however, the following conditions: a) the Romanian and the state legislation requested to provide for the act that determined the request for a rogatory commission a custodial sentence or a safety measure of a restrictive nature of freedom, the maximum of which is at least 6 on Monday, or the legislation of one of the parties to provide for an equivalent penalty, and in the law of the other party the act to be punished as a violation of the legal rules, ascertained by the administrative authorities whose decision may be appealed the face of a competent criminal court; --------- Lit. a) a par. ((2) of art. 206 206 has been amended by section 4.2 46 46 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. b) making the rogatory commission compatible with the Romanian law. + Article 207 Transmission of procedural documents by post ((1) In the case of postal transmission of procedural documents, if there is reason to believe that the recipient does not understand the language in which the act is drafted, this act or at least the important passages thereof must be translated/translated into language or one of the languages of the Member State in which the recipient is found. If the authority that dispatches the act knows that the consignee knows only another language, its act or at least its important passages must be translated/translated into this language. (2) The expert or witness who does not appear in court, although he was quoted by post, may not be subject to any sanctions or restrictive measures, even if in the summons mention is made of the application of a sentence, unless which subsequently enters voluntarily on the territory of Romania and here is again legally quoted. The authority that dispatches the subpoenas by post shall ensure that they do not involve any punishment. (3) If the act constituting the application for legal aid is punishable, according to the domestic law of both states, as a violation of the legal rules, ascertained by the administrative authorities whose decision may be appealed in the face of a competent court in criminal matters, the dispatch of procedural documents shall be carried out in principle in accordance with the procedure ((1). (. Where the addressee's address is unknown or where a formal notification is required, the sending of procedural documents may be made through the judicial authorities of the requested Member State. + Article 208 Cross-border surveillance In application of the provisions of this section, the list provided for 183 183 para. (5) shall be supplemented by the following facts: a) culpable homicide; b) serious fraud; c) money laundering; d) illicit trafficking of nuclear substances and radioactive substances; e) participation in the criminal organizations mentioned in Joint Action 98 /733/JHA COUNCIL DECISION of 21 December 1998 on the criminalisation of participation in criminal organisations in the Member States f) terrorist offences set out in Framework Decision 2002 /475/JHA of 13 June 2002 on combating terrorism. + Article 209 Liability of foreign (1) During the operations and activities referred to in art. 208, foreign agents carrying out the pursuit on the territory of Romania are assimilated to persons who have the same quality in the Romanian state regarding crimes committed against them or by them. (2) If during the operations provided for in art. 208 foreign agents produce an injury, the state whose agents are liable for this damage, in accordance with the Roman law. (3) The state whose agents caused damage to a person on the territory of Romania shall return to the Romanian state the totality of the amounts he paid to the victims or other persons entitled on their behalf. (4) Without prejudice to the exercise of rights to third parties and with the exception of the provision in par. (3), the Romanian state will not request in the case provided in par. (2) the refund of the damages suffered by another state. + Section 2 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 + Article 210 Information on bank accounts ((1) At the request of the authorities of a Member State of the European Union, the Romanian authorities will order the necessary measures to identify bank accounts, regardless of their nature, which are controlled or held in a unit banking in Romania by a natural or legal person who is the subject of a criminal investigation, and will provide their bank account numbers, as well as any other details. The information will also include data on the accounts for which the person subject to the proceedings has the power of attorney, insofar as they have been expressly requested and may be provided within a reasonable time. (2) The data provided in par. ((1) will be provided only to the extent that the information is at the disposal of the bank holding the bank accounts. (3) The data provided in par. ((1) will be provided only if the criminal investigation concerns, as appropriate: a) a crime punishable by a custodial sentence or a warrant for the execution of the prison sentence for a maximum period of at least 4 years, in the requesting state, and at least 2 years in the requested state; or b) an offence referred to in art. 2 2 of the Convention establishing the European Police Office (Europol Convention) of 1995 or the Annex to the Convention; or c) to the extent that the offence is not provided for by the Europol Convention, an offence provided for by the 1995 Convention on the Protection of the Financial Interests of the European Communities, the Additional Protocol of 1996 or the Second Protocol Additional since 1997. (4) If the information provided in par. (1), the requesting authority, by its request, shall mention the following: a) the reasons why the requested information is considered to be of substantial value for the purposes of the investigation; b) the elements on the basis of which it was established that the banks located on the territory of Romania own or control the bank accounts and, in so far as it holds such data, which are the banks involved; c) any other available data that could facilitate the execution of the application. (5) The application made pursuant to paragraph 1. (1) is subject to the following conditions: a) the fulfilment of the application is compatible with Romanian law; b) the act that is the subject of the criminal investigation to be a crime according to (. In the case of requests made by the Romanian authorities, the provisions of this Article shall apply accordingly. + Article 211 Information on banking operations (1) On request, the Romanian authorities will provide details on the bank accounts indicated by the requesting foreign authorities, as well as on the banking operations that have been carried out, within a defined period, by one or more of the bank accounts indicated in the application, including details of any sender or addressee of account. (2) The data provided in par. ((1) will be provided only to the extent that the information is at the disposal of the bank holding the bank accounts. ((3) If the information provided in par. (1), the requesting authority, by its request, will show the reasons why the requested information is considered to be of substantial value for the purposes of the investigation of that offence. (4) The application made pursuant to paragraph 1. (1) is subject to the following conditions: a) the fulfilment of the application is compatible with Romanian law; b) the act that is the subject of the criminal investigation to be a crime according to (. In the case of requests made by the Romanian authorities, the provisions of this Article shall apply accordingly. + Article 212 Banking transaction supervision (1) The Romanian authorities shall ensure at the request of the authorities of a Member State of the European Union the supervision, for a fixed period, of the banking operations that run through one or more of the bank accounts indicated by Requesting authorities. (2) If the information provided in par. (1), the requesting authority, by its request, will show the reasons why the requested information is considered to be of substantial value for the purposes of the investigation of that offence. (3) The competent Romanian judicial authorities shall authorise, under the conditions laid down by the Romanian law, the supervision Under the conditions provided by the Romanian law, the Romanian and foreign judicial authorities will determine the concrete ways of supervision. + Article 213 Confidentiality The banks will ensure confidentiality both on the transmission of information to the requesting authorities and on the criminal investigation conducted, without being able to disclose this data to the client or any other person. + Article 214 Obligation to inform ((1) If, in the course of the execution of the application, it is necessary to carry out further research, which could not be foreseen or specified by the requesting authority in the original application, the requested Romanian authority shall inform without delay requesting State. (2) After being informed, according to par. (1), the requesting state will be able to make an additional request, according to art 215. ((3) Provisions of para. ((1) shall also apply where further research is to be carried out by the authorities of another Member State of the European Union or of a third State. + Article 215 Additional requests ((. Where the requesting State authorities make an additional request for the initial application, the request shall contain only the data necessary to identify the original application and other additional data necessary. (2) Whenever the requesting authorities participate together with the Romanian authorities in the execution of the request for assistance, they will be able to address directly to the Romanian authority requested the additional request provided in par. ((1). A copy of it will also be transmitted to the Ministry of Justice or the Prosecutor's Office of the High Court of Cassation and Justice, as the case + Article 216 Banking secrecy Banking secrecy cannot be invoked as grounds for refusal of cooperation on requests for assistance made by the authorities of a Member State of the European Union. + Article 217 Communication of refusal decisions Decisions on the refusal of legal assistance shall be communicated to the Secretariat of the Council of the European Union + Article 218 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. + Section 3 Provisions on cooperation with the Member States of the European Union in application Framework Decision 2003 /577/JHA of the Council 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 219 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 223 or corresponds in whole or in part to the value of this product; 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. 223. (. 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 is understood Framework Decision 2003 /577/JHA of the Council of 22 July 2003 on the execution in the European Union of the 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 220 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 221 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. 219 219 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 222 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 223 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. trafficking in persons and minors; 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 Union within the meaning of the Convention of 26 July 1995 on the protection of the financial interests of the European Communities; 9. money laundering; 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. --------- Alin. ((1) of art. 223 223 has been amended by section 47 47 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (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 224 Issuance and transmission of freezing orders (1) The act by which the freezing order is issued, defined in art. 219 219 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. 221 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. 221 221 may contain an instruction on the maintenance of the property in the executing State until the request referred to in paragraph 1 is received. ((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. 221 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. 219 219 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 225 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. 219 219 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. 230 or one of the reasons for postponement provided for in art. 231. ((. 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 226 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. 221 or any other equivalent document, as well as the 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 227 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. 226. (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 228 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 conclusion may be appealed, within 5 days from the ruling or from the communication, as the case may be, by any interested person, including the third party of good faith, if this has brought an injury to his legitimate interests. Art. 227 227 shall apply accordingly. (3) The file shall be sent to the superior hierarchical court within 24 hours of the appeal. The appeal shall be settled within 5 days, on the basis of the material in the case file and any documents submitted. (4) The contestation does 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 228 has been amended by section 4.2. 48 48 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 229 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. 224 224 para. ((3). (2) However, the competent Romanian judicial authority may, after consulting the issuing judicial authority, in accordance with the Romanian legislation and practice applicable 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. 224 224 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. 224 224 para. ((3) lit. a) citing the absence of double criminalization, if these requests concern the crimes provided for in art. 223 223 para. (1), and for these crimes the punishment provided by the law of the issuing state is imprisonment of at least 3 years. + Article 230 Grounds for non-recognition or non-performance (1) In addition to the cases mentioned in art. 223 223 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. 221 221 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 231 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 232 Refund ((. Without prejudice to the provisions of art. 227 227 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 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 233 Definitions For purposes of this section: (1) By decision it is understood, regardless of its name, such as the conclusion, sentence, decision, ordinance, resolution or minutes of finding, a final judgment handed down by a criminal prosecution body, a court, as well as other authorities who, according to the law, are regarded as judicial or by an administrative authority, whereby a natural or legal person has been ordered to pay a pecuniary sanction, when the judgment has been taken by: a) a judicial authority, following the commission of a deed which, according to the legislation of the issuing State, is a criminal offence b) an authority, other than a judicial one, in connection with an act which, according to the legislation of the issuing state, is a criminal offence, if the sanctioned natural or legal person had the possibility to request the trial of a judicial authority competence and criminal matters; c) an authority, other than a judicial one, in connection with an act that, according to the legislation of the issuing state, constitutes a violation of the legal norms, if the sanctioned natural or legal person had the possibility to request the to a competent judicial authority and to criminal matters; d) a competent judicial authority and in criminal matters, when the decision has been taken in relation to a decision referred to in lett. c). -------- Alin. ((1) of art. 233 233 has been amended by section 55 55 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. ((2) Abrogat. -------- Alin. ((2) of art. 233 233 has been repealed by section 6.6. 56 56 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (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 is understood 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 234 Competent authorities (1) In the case of judgments given in other Member States, the Ministry of Justice, through the specialized direction, is competent to receive the judgment and to transmit it, in order to implement it, to the judge in whose constituency it is domiciled or the registered office person to whom the sanction was applied, unless the amount of money that it must pay is less than 70 euros or the equivalent in lei of this amount, in which case the refund motivated documents submitted by the issuing State. ((2) In the case of judgments given by the Romanian judicial or administrative authorities, the certificate shall be completed by the authority that applied the pecuniary sanction and shall be transmitted, in Romanian and foreign languages, together with the decision by which it was applied that penalty, to the competent authority of the executing State. -------- Article 234 has been amended by section 6.6. 57 57 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 234 ^ 1 Conditions for the execution of pecuniary sanctions (1) The enforcement of a pecuniary sanction applied for violation by a natural or legal person of criminal law rules or other legal norms is carried out under the provisions of this section, if the sanction pecuniary consists of a sum of money of at least 70 euros or the equivalent in lei of this amount: a) to the payment of which the natural or legal person was obliged by an enforceable decision, as a criminal or administrative fine, as the case may be; or b) representing compensation granted, by the same enforceable decision, to the injured party that was not a civil party, when the court was in the exercise of its jurisdiction in criminal matters; c) the payment to which the natural or legal person has been obliged by way of legal or administrative expenses; d) which must be transferred to a public fund or a victim's assistance organization, to which the natural or legal person has been ordered by the same enforceable decision. (. The implementation of the provisions shall not be covered by this section: a) on the confiscation of instruments or products of crime b) Civil, arising from an action in damages and restitution and which are enforceable in accordance with Commission Implementing Regulation (EU) No 44/2001 of the Council of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. -------- Art. 234 ^ 1 was introduced by item 58 58 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Paragraph 2 Procedure for transmitting the judgment + Article 235 Transmission of (1) The judgment, together with the certificate drawn up according to (2), may be transmitted by the Romanian authorities referred to in art. 234 directly to the competent enforcement authority of the Member State in which the natural or legal person has goods or a source of income or where he has his usual legal residence or, in the case of legal persons, has his registered office. -------- Alin. ((1) of art. 235 235 has been amended by section 59 59 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (. 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 Romanian issuing authority. -------- Alin. ((2) of art. 235 235 has been amended by section 59 59 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (3) The decision 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 to establish 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 236 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 237 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. 241 241, except for the one provided for in art. 241 241 para. ((2) lit. a), and in the case provided in art. 245 245 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. 236. (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. 243 243 para. ((2) shall apply accordingly. + Article 238 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 implementing the judgment + Article 239 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 Union European. _________ * *) By the Treaty of Lisbon, the Treaty establishing the European Community was renamed the "Treaty on the Functioning of the European Union" and ordered that the terms "Community" or "European Community" are replaced by the words "the Union", the words "European Communities" or "EEC" shall be replaced by "(a) the European Union". (2) For acts other than those provided in par. (1), the execution of the pecuniary sanction is subordinated to the condition that the act to which the decision of the foreign judicial or administrative authority refers should also be provided by the Romanian law. -------- Alin. ((2) of art. 239 239 has been amended by section 60 60 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 240 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. 241. (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 241 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. 239 239 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, sanctioned natural or legal person: ((i) in the case of a written procedure, has not been personally informed or by a competent representative according to the law of the same State, with regard to its right to appeal the decision taken against it and to the term in which the path of attack, in accordance with the law of the issuing State; or ((ii) in the case of an oral procedure, it has not been presented in person, unless the issuing authority informs that, in accordance with the legislation of the issuing State: -this was incunostintata, in due time, by written citation handed down personally or by telephone notification, fax, e-mail or by any other such means, with respect to the day, month, year and place of appearance and to the legal consequences in case of no presentation; or -this, having knowledge of the day, month, year and place of appearance, mandated his chosen or appointed ex officio lawyer to represent her, and the legal representation before the court was effectively carried out by the lawyer. respectively; or -after being personally handed the sentencing judgment and it was brought to his attention that, according to the law, the case can be retried or that the ruling is subject to an appeal and that it can be verified including on the basis of new evidence, and in the possibility of admission of the appeal, can be abolished, the convicted person either expressly waived the retrial of the case or the exercise of the appeal, or did not request the retrial or did not declare, within the period provided by law, that remedy; (iii) did not appear in person, unless the issuing authority informs that, in accordance with the legislation of the issuing State, although it was expressly brought to its attention the proceedings initiated against it and the possibility to appear personally, it has expressly waived the right to an oral procedure and indicated that it does not contest the case; -------- Lit. f) a par. ((2) of art. 241 241 has been amended by section 4.2 61 61 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. 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 242 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 243 The law governing enforcement ((. Without prejudice to the provisions of art. 244, 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. 241 241 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 244 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 or 64 of the Criminal Code. --------- Article 244 has been amended by section 4.2. 49 49 of art. II of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + Article 245 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. 244, any revision of the judgment is the exclusive competence of the issuing State. + Article 246 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. 233 233 para. ((2) lit. b). ((2) The expenses incurred by the Romanian authorities in the application of this section remain with the Romanian state + Article 247 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 Framework Decision 2006 /783/JHA on the application of the principle of mutual recognition to confiscation orders of 6 October + Paragraph 1 General provisions + Article 248 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. c) may be confiscated on the basis of confiscation powers extended under the right of the issuing State. -------- Lit. c) a par. ((1) of art. 248 248 was introduced by section 4.2. 62 62 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (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) Cultural assets belonging to the national cultural heritage shall mean the goods defined in accordance with the art. 63 63 of Law no. 182/2000 on the protection of the national mobile cultural heritage, republished, with subsequent amendments and completions, which transposes art. 1 1 para. ((1) of Council Directive 93 /7/EEC COUNCIL DECISION of 15 March 1993 on the return of cultural goods which left the territory of another Member State (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. 262 262 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 is understood Framework Decision 2006 /783/JHA COMMISSION DECISION of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders published in the Official Journal of the European L 328 of 24 November 2006. + Article 249 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) When Romania is an issuing state, by order of confiscation, it is understood the measure applied by a court in connection with one or more crimes resulting in the final dispossession of that good. -------- Alin. ((2) of art. 249 249 has been amended by section 63 63 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (. 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 250 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 251 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. 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 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 252 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 253 Transmission of confiscation orders and certificate (1) The confiscation order, together with the certificate provided for in art. 249, 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 254 Determination of the competent Member State to execute the confiscation order (1) The confiscation order and the certificate provided for in art. 249 249 may 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 255 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 by several executing States or the issuing judicial authority has reasonable grounds 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 according to 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 the confiscation order. + Article 256 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 257 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 258 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 is made, in accordance with the applicable legal provisions in the matter, to a fully formed of a single judge, the period of judgment set 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. 249, if it was not initially transmitted, fixing a period of no more than 5 days in which the competent authority of the issuing State shall transmit such documents. + Article 259 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. 262. (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. 263. ((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. 262 262 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. 262 262 para. ((1) lit. d), if the competent authority of the issuing state is not informed according to art. 267 267 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 260 Applicable law The execution of the confiscation orders is governed by the Romanian law, the Romanian authorities being the only ones able to decide on the execution of the confiscation, including on the measures to be taken in this regard. + Article 261 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 262 Grounds for non-recognition or non-performance (1) Unless provided for in art. 251 251 para. ((2), the recognition and enforcement of the confiscation order may be refused if: a) the certificate provided in art. 249 249 is not annexed, is incomplete or does not obviously correspond to 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. 267 267; e) the person was not personally present at the judgment of the case, unless, from the certificate set out in Annex no. 4, it follows that: (i) was in good time, in a timely manner, by written citation handed down personally or by telephone notification, fax, e-mail or by any other such means, with respect to the day, month, year and place of appearance and to the legal consequences in case of no presentation; or (ii) having knowledge of the day, the month, the year and the place of appearance, mandated his chosen or appointed public defender to represent it, and the legal representation and defence before the court were effectively carried out by the that lawyer; or (iii) after being personally handed the sentencing judgment and it was brought to his attention that, according to the law, the case can be retried or that the judgment is subject to an appeal and that it can be verified including on the basis of new evidence, and in the possibility of admission of the appeal, can be abolished, the convicted person either expressly waived the retrial of the case or the exercise of the appeal, or did not request the retrial or did not declare, within the period provided by law, that remedy; -------- Lit. e) a par. ((1) of art. 262 262 has been amended by section 4.2 64 64 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. 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. i) the confiscation decision was rendered under extended confiscation powers which are not compatible with the provisions of the Romanian legislation in the matter. In this case, the confiscation decision can be executed at least to the extent provided by the Romanian legislation. -------- Lit. i) a par. ((1) of art. 262 262 was introduced by section 4.2. 65 65 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. (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 263 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. 267 267; 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 264 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 265 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) The cultural goods part of the national heritage subject to confiscation cannot 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 266 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. 258 258 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. 252 252, art. 259 259 para. ((3), art. 260 260 and 264; 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. 259 259 para. ((5). + Article 267 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 268 Refund ((. Without prejudice to the provisions of art. 267 267 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. + Title VIII Final provisions + Article 269 On the date of entry into force of this Law *): a) Law no. 296/2001 on extradition, published in the Official Gazette of Romania, Part I, no. 326 326 of 18 June 2001; b) Law no. 704/2001 on international judicial assistance in criminal matters, published in the Official Gazette of Romania, Part I, no. 807 807 of 17 December 2001; c) Law no. 756/2001 on the transfer of persons convicted abroad, published in the Official Gazette of Romania, Part I, no. 2 2 of 4 January 2002; d) Government Ordinance no. 69/1999 to facilitate the application of international conventions on the transfer of convicted persons, to which Romania is a party, in respect of the surrender-takeover of convicts, approved by Law no. 113/2000 , published in the Official Gazette of Romania, Part I, no. 415 415 of 30 August 1999; e) art. 519 519-521 of the Code of Criminal Procedure; f) any other provisions to the contrary. + Article 270 (1) The present law *) shall enter into force 60 days from the date of publication in the Official Gazette of Romania, Part I, except for the provisions of the head. IV of Title II, of the provisions of Title III, of Chapter II III of Title IV and head. II of Title VII, which will take effect on the date of Romania's accession to the European Union. ------------- *) The present law was published in the Official Gazette of Romania, Part I, no. 594 594 of 1 July 2004. ((2) As from the date of accession of Romania to the European Union, the provisions of Title III will replace, in relation to the Member States of the European Union, the provisions on extradition, unless the Member State in which the find out that the person pursued has made declarations within the meaning of the non-application of the Council Framework Decision of 13 June 2002 on the European Arrest Warrant and the surrender procedures between the Member States of the European Union for acts committed before a certain date. + Article 271 Annexes no. 1-10 are an integral part of this law. -------- Article 271 was introduced by point (a) 66 66 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. * 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. Framework Decision 2002 /584/JHA of the Council 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 L series no. 190 190 of 18 July 2002; 2. Framework Decision 2003 /577/JHA of the Council of 22 July 2003 on the execution in the European Union of the orders for the freezing of goods or evidence, published in the Official Journal of the European Union L series no. 196 196 of 2 August 2003; 3. Framework Decision 2005 /214/JHA of the Council of 24 February 2005 on the application of the principle of mutual recognition of financial penalties, published in the Official Journal of the European Union No L 76 76 of 22 March 2005; 4. Framework Decision 2006 /783/JHA of the Council 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 L no. 328 328 of 24 November 2006; 5. Framework Decision 2008 /909/JHA of the Council of 27 November 2008 on the application of the principle of mutual recognition in the case of judgments in criminal matters imposing penalties or custodial measures for the purposes of their execution in the European Union, published in the Official Journal of the European Union L series no. 327 327 of 5 December 2008; 6. Framework Decision 2009 /829/JHA of the Council of 23 October 2009 on the application, between the Member States of the European Union, of the principle of mutual recognition of decisions on judicial surveillance measures as an alternative to pre-trial detention, published in Official Journal of the European Union L series no. 294 294 of 11 November 2009; 7. Framework Decision 2008 /947/JHA of the Council of 27 November 2008 on the application of the principle of mutual recognition in the case of judgments and decisions of probation for the supervision of alternative measures and sanctions, published in Official Journal of the European Union L series no. 337 337 of 16 December 2008; 8. Framework Decision 2009 /299/JHA of the Council of 26 February 2009 amending the Framework Decisions 2002 /584/JHA , 2005 2005 /214/JHA , 2006 2006 /783/JHA , 2008 /909/JHA and 2008 2008 /947/JHA , strengthening the procedural rights of persons and encouraging the application of the principle of mutual recognition of decisions rendered in the absence of the person concerned from the proceedings, published in the Official Journal of the European Union Series L No. 81 81 of 27 March 2009; 9. Framework Decision 2009 /948/JHA of the Council of 30 November 2009 on the prevention and resolution of conflicts relating to the exercise of jurisdiction in criminal proceedings, published in the Official Journal of the European Union L series no. 328 328 of 15 December 2009. -------- The entry for transposition of the provisions of the Framework Decisions of the European Union has been amended by point 67 67 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. + 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 had before the marriage (if applicable): ......................... | | Alias (if applicable): ................................................... | | Gender: ..................................................................... | | Citizenship: ................................................................. | | Date of birth: ............................................................. | | Place of birth: ............................................................ | | Residence and/or residence known: ...................................... | | Language/languages that the requested person understands (if it is/are | known): ................................................................ | | Particular physical features/description of the requested person: .............. | | .................................................................................... | | The photo and fingerprints of the requested person, if they are dispo-| nible and can be sent, or the address of the person who can be contacted with | | aim to get them times to get a DNA characterization (if not | included such information and has it for its transmission) | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- b) the decision on which the mandate is based | | | 1. Arrest warrant or judicial decision having the same effect: ......... | | Type: ..................................................................... | | | Two. Final and enforceable court decision: ...................... | | .................................................................................... | | Reference: ................................................................. | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- c) Information on the length of sentence: | | | 1. Maximum duration of sentence or custodial safety measure-| | tits that can apply for offence or offences: .............. | | .................................................................................... | | .................................................................................... | | | Two. The duration of the sentence or the custodial safety measure | Applied: .................................................................. | | .................................................................................... | | | 3. The sentence that remained to be executed: ...................................... | | .................................................................................... | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- d) Specify if the person was present in person at the trial in | following which the ruling was handed down: | | | 1. [[] Yes, the person was present in person at the trial following which a | The judgment was delivered. | | | Two. [] No, the person was not present in person at the trial as a result of which | The judgment was delivered. | | | 3. If you have checked the box section 2, please confirm the existence of one | of the following items: | | | 3.1a. [] the person was personally quoted at ... (day/month/year) and, by | Therefore, informed about the date and place set for the trial in | The result of which the judgment was delivered and informed that it may be | delivered a judgment if it does not appear at trial; | | or | | | 3.1b. [] the person was not personally quoted but actually received through other | means an official briefing on the date and place set for | The trial after which the ruling was handed down, in such a way that it was | Unequivocally established that the person concerned had knowledge of | | the established process and has been informed about the fact that it can be | delivered a judgment if it does not appear at trial; | | or | | | 3.2. [] having knowledge of the established process, has mandated a lawyer who has | It was called either by the person concerned or ex officio, to defend it | at the trial and was indeed defended by the respective lawyer at the trial; | | or | | | 3.3. [] the person was personally handed the decision at ... (day/month/year) | | and was expressly informed of the right to retrial | to the case or to an appeal, within which it has the right to be present | | and that allows the factual situation of the cause, including the new evidence, to be | re-examined and which may lead to the abolition of the original judgment; and | the person expressly indicated that he does not contest this judgment; | | or | | | [] the person did not request a retrial or promotion of a path of | attack in the corresponding time frame; | | or | | 3.4. [] the person was not personally handed the ruling, but: | |-the judgment will be handed to him personally without delay after the handover; and | |-when the judgment is handed to him, the person will be informed in | Expressly on the right to retrial the case or to an appeal | within which it has the right to be present and which allows that the situation of | The fact of the case, including the new evidence, to be re-examined and which may | leads to the abolition of the original judgment; and | |-the person will be informed of the time frame in which they must | to request the retrial of the case or the promotion of an appeal, which is | ... days. | | | Four. If you have checked the box section 3.1b, 3.2 or 3.3, please provide | information on how the condition was met | relevance: | └ ---------------------------------------------------------------------------- -------- Lit. d) of Annex 1 has been amended by section 68 68 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. ┌ ---------------------------------------------------------------------------- e) Offences (offences) | | | This warrant relates 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 framing of the facts and applicable legal provisions/| applicable code: ........................................................... | | .................................................................................... | | .................................................................................... | | | I. If applicable, mark one or more of the following | facts, sanctioned in the issuing Member State with a custodial sentence of li-| bertate or with a detention order with a maximum duration of at least 3 years, | as defined in the legislation of the issuing Member State: | | | [] participation in an organized criminal group; | | | [] terrorism; | | [] human trafficking; | | [] child sexual exploitation 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 protection of intere-| Financial statements of the European Communities; | | | [] washing proceeds of crime; | | | [] currency counterfeiting, including the euro; | | | [] crimes related to cybercrime; | | | [] environmental crimes, including trafficking in species of | endangered animals and vegetables; | | [] facilitating illegal entry and stay; | | [] omor and grievous bodily harm; | | [] illicit trafficking of human organs and 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 | maple; | | | [] deception; | | [] racket and extortion; | | | [] counterfeiting and piracy of goods; | | | [] falsification of official documents and the use of falsified official acts; | | | [] counterfeiting of means of payment; | | [] illicit trafficking of hormonal substances and other growth factors; | | | [] illicit trafficking of nuclear or radioactive materials; | | [] traffic of stolen vehicles; | | | [] rape; | | | [] arson with intent; | | [] crimes under the jurisdiction of the International Criminal Court; | | [] illegal sequestration of ships and aircraft; | | | [] sabotage. | | | II. Detailed description of the deed or facts not falling to | Section I: ............................................................... | | .................................................................................... | | .................................................................................... | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- f) Other relevant circumstances (optional information) | | (May be included observations on extraterritoriality, interruption | limitation periods or the consequences of the crime.) | | .................................................................................... | | .................................................................................... | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- g) This warrant also refers to the seizure and remission | objects that may constitute material means of proof. | | This warrant also refers to the seizure and remission of objects-| Their obtained by the requested person as a result of the crime. | | Description (and localization) of objects (if known): .. | | .................................................................................... | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- h) The offence or offences for which this warrant has been issued are | sanctioned with the sentence of detention for life or with a detention order on | | Life: | |-legal provisions of the issuing Member State provide for review of the sentence applied or conditional release, after the execution of 20 years of footap-| applied, in order to not execute the sentence or measure; | /or |-legal provisions of the issuing Member State provide for the application of measures of clemency to which he has as the person concerned, in accordance with the right | or the practice of the issuing Member State, with a view to the non-execution of | measure. | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- i) The issuing judicial authority of this mandate | | Official name: | | Name of his representative: ............................................... | | Function (function/degree): .................................................. | | File reference: ....................................................... | | Address: .................................................................... | | Telephone number (country prefix) (city prefix) (...): ............. | | Fax number (prefix of the country) (city prefix) (...): ................. | | E-mail: .................................................................... | | Address of the contact person (competence to perform the teaching | flocks): ................................................................. | | | Where a central authority is designated for transmission and | Reception of European Arrest Warrants | | Name of the central authority: ............................................... | | Contact person, if applicable (function/degree and name): ........... | | Address: .................................................................... | | Telephone number (country prefix) (city prefix) (...): ............. | | Fax number (prefix of the country) (city prefix) (...): ................. | | E-mail: .................................................................... | | Data of the person who can be contacted to take practical measures | necessary to hand over the person: ............................................... | | .................................................................................... | | | Where a central authority is designated for transmission and | Administrative receipt of European arrest warrants | | Name of central authority: | | .................................................................................... | | Contact person, as 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) (...): .... | | .................................................................................... | | E-mail: .................................................................... | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- | Signature of the issuing judicial authority, of the representative or of | | amandurora | | .................................................................................... | | Name: .................................................................... | | Function (function/degree): .................................................. | | Date: ...................................................................... | | Official stamp (if any) | └ ---------------------------------------------------------------------------- + Annex 2 CERTIFICATE ┌ ---------------------------------------------------------------------------- a) The judicial authority that issued the freezing order | | Official name ......................................................... | | Name of his representative: ............................................... | | Held position (function/title): ......................................... | | .................................................................................... | | .................................................................................... | | Reference file: ........................................................... | | Address: .................................................................... | | Telephone (country code) (zona/city code): ........................................ | | Fax (country code) (zona/city code): ............................................ | | E-mail: .................................................................... | | 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 | execution of the order or for the realization of the necessary arrangements Evidence (if applicable): ................................................ | | .................................................................................... | | .................................................................................... | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- b) The competent authority for the execution of the freezing order | in the issuing state | | Official name ......................................................... | | Name of his representative: ............................................... | | Held position (function/title): ......................................... | | .................................................................................... | | .................................................................................... | | Reference file: ........................................................... | | Address: .................................................................... | | Telephone (country code) (zona/city code): ........................................ | | Fax (country code) (zona/city code): ............................................ | | E-mail: .................................................................... | | 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) where for the execution of the order are required | additional information or to make the necessary arrangements | Sample remission (if applicable): ...................................... | | .................................................................................... | | .................................................................................... | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- c) If both lit. a), as well as lit. b) have been completed, must be completed | | this point to show which authority/or if both authorities | must be contacted/contacted. | | | [] The authority indicated in lett. a) | | | [] The authority indicated in lett. b) | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- d) If a central authority is responsible for the transmission | and the reception of 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) (...): | | .................................................................................... | | E-mail: .................................................................... | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- e) The freezing order | | | 1. Date and, if available, reference number: | | | Two. Indicate the order: | | | 2.1. Subsequent confiscation | | 2.2. Setting up of evidence | | | 3. Description of formalities and procedures to be observed at exe-| ...............: | | .................................................................................... | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- f) Information on the goods or evidence subject to the order of | freezing in the executing state | | Description of goods or samples and location | | | 1. a) Precise description of the goods and, if applicable, the maximum amount that | is intended to be recovered (if the maximum amount is indicated in the order on | value of crime products): | b) Precise description of the samples: | | | Two. Exact location of goods or samples (if not known, | last known location): | | | 3. The party that has custody of the goods or evidence or the owner of the cunos | cut of the goods or evidence, if it is not about | person suspected of committing the crime or the one convicted (if | This applies to the domestic law of the issuing State): | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- g) Information on the identity of the individual (1) or person | Legal | legal (2) suspected of committing the crime or convicted (if | This applies to the domestic law of the issuing State) or/and per-| to the soons concerned by the freezing order (if applicable) | | | 1. Individuals: | | Name: ...................................................................... | | First name: ................................................................... | | Name prior to marriage (if applicable): .............................. | | Alias (if applicable): ................................................... | | Sex: ...................................................................... | | Citizenship: ................................................................. | | Date of birth: ............................................................. | | Place of birth: ............................................................ | | Residence and/or known domicile (if not known shall be mentioned | last known address): | | .................................................................................... | | Language/languages the person knows (if applicable): | | .................................................................................... | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- | | Two. Legal entities | | Name: ................................................................. | | Form of the legal person: .................................................. | | Registration number: ................................................... | | registered office: ........................................................ | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- h) Measures to be taken by the executing State after the execution of the order-| His freezing | | | Seizure | | | 1.1. Good must be preserved in the executing State for a | subsequent confiscations | | | 1.1.1. An application is attached to the execution of a confiscation order issued | by the issuing State on the date of ............................. | | | 1.1.2. An application for confiscation in the executing and executing State is attached-| Subsequent bad news of a confiscation order | | | 1.1.3. Estimated date for transmission of one of the said applications | in section 1.1.1 1.1.1 or in section 1.1.2 1.1.2 .................................... | | or | | Formation of evidence | | | 2.1. Goods must be remitted to the executing State to serve as elemen-| test | | | | | 2.1.1. An application for the remission of goods is attached | | or | | 2.2. The good must be kept in the executing state to serve later as | sample in the issuing state | | | 2.2.2. Estimated date for transmission of the application referred to 2.1.1. | | .................................................................................... | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- i) Offences | | Description of the grounds of the freezing order and the summary of facts | known by the judicial authority that issued the freezing order | and the certificate: .......................................................... | | .................................................................................... | | Nature and legal framing of crimes and the text of the law in the base | Which was ordered to be preserved: ...................................... | | .................................................................................... | | | I. If applicable, mark one or more of the following | facts, sanctioned in the issuing Member State with a custodial sentence of li-| Bertate with a maximum duration of at least 3 years, as defined in le-| gislation of the issuing Member State: | | | [] participation in an organized criminal group; | | | [] terrorism; | | [] human trafficking; | | [] child sexual exploitation 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 inte- Financial statements of the European Communities; | | | [] washing proceeds of crime; | | | [] currency counterfeiting, including the euro; | | | [] crimes related to cybercrime; | | | [] environmental crimes, including trafficking in species of | endangered animals and vegetables; | | [] facilitating illegal entry and stay; | | [] omor and grievous bodily harm; | | [] illicit trafficking of human organs and 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 | maple; | | | [] deception; | | [] racket and extortion; | | | [] counterfeiting and piracy of goods; | | | [] falsification of official documents and the use of falsified official acts; | | | [] counterfeiting of means of payment; | | [] illicit trafficking of hormonal substances and other growth factors; | | | [] illicit trafficking of nuclear or radioactive materials; | | [] traffic of stolen vehicles; | | | [] rape; | | | [] arson with intent; | | [] crimes under the jurisdiction of the International Criminal Court; | | [] illegal sequestration of ships and aircraft; | | | [] sabotage. | | | II. Detailed description of the crime or crimes that do not | within the section I: | | ........................................................................... | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- | j) Legal remedies against the order to preserve people | interested, including persons of good faith, available in the state | | issuer | | Description of available legal remedies, including actions that | must be fulfilled | | The court to which that appeal may be addressed: ................. | | Information on people who have the quality to exercise the path of | attack: ...................................................................... | | Deadline for declaration of appeal: ................................ | | Authority of the issuing State which may provide additional information with | on the procedure for the exercise of the appeal in the issuing State and with | on Legal Aid 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) (...): | | .................................................................................... | | E-mail: .................................................................... | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- k) Other relevant circumstances (optional information): | | .................................................................................... | | .................................................................................... | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- l) The text of the freezing order is attached to this certificate | | Signature of the issuing judicial authority and/or its representative | stating the accuracy of the information contained in the certificate | | Name: .................................................................... | | Position held (title/function): ......................................... | | Date: ...................................................................... | | Official stamp (if available) | └ ---------------------------------------------------------------------------- + Annex 3 CERTIFICATE ┌ ---------------------------------------------------------------------------- a) | | issuing State: ............................................................ | | State of execution: ....................................................... | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- b) The authority that issued the decision applying the sanction | | pecuniary | | Official name: ........................................................ | | Address: .................................................................... | | Reference number (...): .............................................. | | Telephone (country code) (zone/city code): .............................. | | Fax (country code) (zone/city code): .................................. | | E-mail (if any): ...................................................... | | Languages in which communication with the issuing authority is possible: | | .................................................................................... | | Contact details of the person (s) from whom you can get in-| additional bands for the purpose of implementing the decision or for trans-| to the issuing State of the funds obtained from the 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 by which it was applied | pecuniary sanction in the issuing State (if the authority is different from | The one at lit. b)] | | Official name: ........................................................ | | Address: .................................................................... | | Telephone (country code) (zone/city code): .............................. | | Fax (country code) (zone/city code): .................................. | | E-mail (if any): ...................................................... | | Languages in which it can be communicated with the competent authority for | Enforcement: | | .................................................................................... | | Contact details of the person (s) from whom you can get in-| additional bands for the purpose of implementing the decision or for trans-| to the issuing State of the funds obtained from the execution, as the case may be | | (name, title/grade, telephone, fax and, if any, e-mail): .................. | | .................................................................................... | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- d) If a central authority was responsible for the transmission of administration-| tive of the decisions by which pecuniary sanctions were applied in the state | issuing: | | Name of the central authority: ............................................ | | Contact person, if applicable (function/degree and name): | | ........................................................................... | | Address: .................................................................... | | .................................................................................... | | Reference number: .................................................... | | Telephone: (country code) (zone/city code): ............................. | | Fax (country code) (zone/city code): .................................. | | E-mail (if any): ...................................................... | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- e) the Authority or the authorities that may be contacted [if | lit. c) d) /were completed (completed)) | | | [] The authority referred to in subparagraph b) | | May be contacted for questions regarding: .............................. | | | [] The authority referred to in subparagraph c) | | May be contacted for questions regarding: .............................. | | | [] The authority referred to in subparagraph d) | | May be contacted for questions regarding: .............................. | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- f) Information relating to the natural or legal person to whom it was | | applied pecuniary sanction | | | 1. In the case of an individual | | Name: ...................................................................... | | First name: ................................................................... | | Name before marriage, if applicable: .............................. | | Alias, if applicable: .................................................... | | Gender: ...................................................................... | | Citizenship: ................................................................. | | Identification number or social security number (if | exists): .................................................................... | | Date of birth: .............................................................. | | Place of birth: ............................................................. | | Last known domicile: ................................................ | | Language or languages that the person understands (if known): ........ | a) If the decision is transmitted to the executing State because the person im-| Against which the decision has been ruled has its habitual residence on terito-| , add the following information: | | Common residence in the executing State: ............................... | b) If the decision is transmitted to the executing State because the person against which the decision was pronounced has assets in the executing state, | add the following information: | | Description of the person's assets: ............................................. | Location in which the person's assets are located: ................................ | c) If the decision is transmitted to the executing State because the person The | against which the decision was pronounced has a source of income in the state of | Enforcement, add the following information: | | Description of the person's source or sources of income: ..................... | | Location of the source (s) of income of the person: ....................... | | | Two. In 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 transmitted to the executing State because the person The legal aid against which the decision was ruled holds assets in the State of | Enforcement, add the following information: | | Description of the assets of the legal entity: ... | Place of the person's property: ..................................... | b) If the decision is transmitted to the executing State because the person The legal entity against which the decision was made has a source of income in | 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 sanction | | | 1. The way of the decision imposing a pecuniary penalty (tick the box | corresponding): | | | (i) the decision of a court in the issuing State in connection with a criminal offence | According to 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 Confirm | that the person had the opportunity 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 | link with facts that are punishable according to the national law of the state | issuing as violations of legal norms. It is confirmed that person | That particular one had the possibility to request the case to be tried by a | competent court in criminal matters; | | | [] (iv) the decision of a competent court in criminal matters, in relation to a | decision of those referred to in point ((iii) | | The decision was made on: ........................................... | | The decision remained final on: .................................... | | Reference number of the decision (if known): ..................... | | The pecuniary sanction constitutes a payment obligation (tick the box or that-| the corresponding hundreds and specify the amount or amounts, with the stipulation of the currency | in which it is expressed) concerning: | | | [] (i) a sum of money as conviction for an offence, handed down | | 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 process, and the court of action-| is in the exercise of its competence in criminal matters | | | Amount: ...................................................................... | | | [] (iii) a sum of money related to expenses caused by the judiciia procedure-| ra or administrative which led to the decision | | | Amount: ...................................................................... | | | [] (iv) a sum of money to a public fund or to an organization of spri-| | jin for the victims, delivered by the same decision | | | Amount: ...................................................................... | | Total amount of the pecuniary sanction, with the stipulation of the currency in which it is expressed: .............................................................. | | | Two. Summary of facts and description of the circumstances in which they were committed | offence (offences), including date and place: | | .................................................................................... | | .................................................................................... | | Nature and legal classification of the crime (s) and provisions | Legal | applicable on the basis of which the decision was made: | | .................................................................................... | | .................................................................................... | | | 3. To the extent that the act (s) specified in section 2 2 consti-| Tuie one or more of the following crimes, confirm this | working by ticking the box or the corresponding boxes: | | | [] participation in an organized criminal group; | | | [] terrorism; | | [] human trafficking; | | [] child sexual exploitation 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 protection | financial interests of the European Communities; | | | [] washing proceeds of crime; | | | [] currency counterfeiting, including the euro; | | | [] crimes related to cybercrime; | | | [] environmental crimes, including trafficking in species | Animal and Endangered Vegetable | | | | | [] facilitating illegal entry and stay; | | [] omor and grievous bodily harm; | | [] illicit trafficking of human organs and 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 | Art | | | | | [] deception; | | [] racket and extortion; | | | [] counterfeiting and piracy of goods; | | | [] falsification of official documents and the use of falsified official acts; | | | [] counterfeiting of means of payment; | | [] illicit trafficking of hormonal substances and other growth factors; | | | [] illicit trafficking of nuclear or radioactive materials; | | [] traffic of stolen vehicles; | | | [] rape; | | | [] arson with intent; | | [] crimes under the jurisdiction of the International Criminal Court; | | [] illegal sequestration of ships and aircraft; | | | [] sabotage; | | | [] behaviors that violate road traffic regulations, | including violations of the 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 in sports events; | | [] prejudices subject to criminal law; | | | [] theft; | | | [] offences established by the issuing State for the purpose of putting | Implementing obligations arising from international instruments | adopted in accordance with the Treaty establishing the European Community 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 it is linked | offence: ......................................................... | | | Four. To the extent that the act (s) specified in section 2 2 no | is contained (not included) in section 6.6. 3 3, fully describe | offence (offences): .......................................... | | | ....................................................................... | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- h) Statute of the decision imposing the pecuniary sanction | | | 1. Confirm that (tick boxes): | | | a) the decision is final; | | | [] b) after the information held by the authority issuing the certificate, not | 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, was executed. | | | Two. Specify if the case was the subject of a written procedure: | | | [] a) no, he did not; | | | [] b) Yes, he did. It is confirmed that the person concerned was, according to | with the law of the issuing state, informed, personally or through a representative | empowered according to the national law, regarding his right to | It also challenges the cause and time limits for the exercise of the appeal. | | | 3. Specify if the person concerned was present in person at | the trial following which the ruling was handed down: | | | 1. [[] Yes, the person was present in person at the trial following which a | The judgment was delivered. | | | Two. [] No, the person was not present in person at the trial as a result of which | The judgment was delivered. | | | 3. If you have checked the box section 2, please confirm the existence of one | of the following items: | | | 3.1a. [] the person was personally quoted at ... (day/month/year) and, by | Therefore, informed about the date and place set for the trial in | The result of which the judgment was delivered and informed that it may be | delivered a judgment if it does not appear at trial; | | or | | | 3.1b. [] the person was not personally quoted but actually received through other | means an official briefing on the date and place set for | The trial after which the ruling was handed down, in such a way that it was | Unequivocally established that he had knowledge of the established process and the | have been informed that a judgment may be delivered in | if not present at the trial; | | or | | | 3.2. [] having knowledge of the established process, has mandated a lawyer who has | It was called either by the person concerned or ex officio, to defend it | at the trial and was indeed defended by the respective lawyer at the trial; | | or | | | 3.3. [] the person was personally handed the decision at ... (day/month/year) | | and was expressly informed of the right to retrial | to the case or to an appeal, within which it has the right to be present | | and that allows the factual situation of the cause, including the new evidence, to be | re-examined and which may lead to the abolition of the original judgment; and | the person expressly indicated that he does not contest this judgment; | | or | | | [] the person did not request a retrial or promotion of a path of | attack in the corresponding time frame; | | or | | 3.4. [[] person, after being expressly informed of the | procedures and the possibility to present himself in person at trial, a | expressly stated that he waives the right to a hearing and indicated in | expressly that does not contest the cause. | | | Four. If you have checked the box section 3.1b, 3.2, 3.3 or 3.4, please | provide information on how the condition was met | relevance: | | | Four. 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: ................. | | ......................................................................... | └ ---------------------------------------------------------------------------- -------- Lit. h) of Annex 3 has been amended by section 69 69 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 of 11 December 2013, by amending section 3. ┌ ---------------------------------------------------------------------------- i) Alternative sanctions, including custodial sanctions | | | 1. Specify if the issuing state allows the application by the state of exe-| | such alternative sanctions in the event of impossibility to | | execute the decision that applies the sanction, either totally or partially: | | | [] yes; | | | [] No. | | | Two. If so, specify what sanctions can be applied (the way | sanctions, 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) The text of the decision applying the pecuniary sanction is attached to | . This certificate. | | Signature of the authority issuing the certificate and/or the representative | , which certifies the accuracy of the certificate's content: | | .................................................................................... | | Name: .................................................................... | | Function (title/degree): ................................................... | | Date: ...................................................................... | | Official stamp (if any) | └ ---------------------------------------------------------------------------- + Annex 4 CERTIFICATE ┌ ---------------------------------------------------------------------------- a) Issuing and executing States | | issuing State: ............................................................. | | State of execution: ....................................................... | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- b) The court that issued the confiscation order | | Official name: ........................................................ | | Address: .................................................................... | | Reference file: ........................................................... | | Telephone (country code) (zona/city code): ........................................ | | Fax (country code) (zona/city code): ............................................ | | E-mail (if any): ...................................................... | | The languages in which it is possible to communicate with the court: ................... | | .................................................................................... | | Contact details of the person (s) to be contacted | | (contacted) in order to obtain additional information for the purpose of exe-| .................... execution of a confiscation order communicated to two or more states | execution or for the purpose of transferring to the issuing State of money or | goods obtained after execution (name, function/title, telephone, fax and, | if any, e-mail): ...................................................... | | .................................................................................... | | .................................................................................... | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- c) The competent authority for the execution of the confiscation order of issuing State (if that authority is different than | The court referred to in lett b): | | Official name: ........................................................ | | Address: .................................................................... | | Telephone (country code) (zona/city code): ........................................ | | Fax (country code) (zona/city code): ............................................ | | E-mail (if any): ...................................................... | | The languages in which it is possible to communicate with the court: ................... | | .................................................................................... | | Contact details of the person (s) to be contacted | | (contacted) in order to obtain additional information for the purpose of exe-| .................... execution of a confiscation order communicated to twice as many states | execution or for the purpose of transferring to the issuing state of money or | goods obtained after execution (name, title/function, telephone, fax and, | if any, e-mail): ...................................................... | | .................................................................................... | | .................................................................................... | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- d) When a central authority was tasked with transmitting and | Administrative receipt of confiscation orders in the issuing state: | | Name of the central authority: ............................................ | | Contact person, if applicable (title/function and name): .............. | | Address: .................................................................... | | Reference file: ........................................................... | | Telephone (country code) (zona/city code): ........................................ | | Fax (country code) (zona/city code): ............................................ | | E-mail (if any): ...................................................... | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- e) the Authority or the authorities that may be contacted [if | lit. c) d) was (were) completed/completed] | | | [] The authority referred to in subparagraph b) | may be contacted for questions regarding: ....................... | | | [] The authority referred to in subparagraph c) | may be contacted for questions regarding: ....................... | | | [] The authority referred to in subparagraph d) | may be contacted for questions regarding: ....................... | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- f) If the order of confiscation follows an order of indispons-| bilization transmitted to the executing State pursuant to Framework Decision | | | Council 2003 /577/JHA of 22 July 2003 on enforcement in the Union | | European order for the freezing of goods or evidence, für-| nize the relevant information in order to identify the order of indispo-| nibilization (date of issue and transmission of the freezing order, | the authority to which it was communicated, the reference number, if it is | available): ............................................................... | | .................................................................................... | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- g) When the confiscation order was transmitted to several states by | Enforcement, provide the following information: | | | 1. The confiscation order was communicated to the following other (s) | | (other) State (s) of execution (country and authority): | | .................................................................................... | | | Two. The confiscation order was communicated to several executing states from | 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 is in different states of execution; | | | [] confiscation of a specific good involves activities in several states of | Executation; | | | [] there are reasons to believe that the good referred to in the order | confiscation is located in one of the execution states indicated. | | 2.2. When the confiscation order envisages an amount of money: | | | [] that property was not preserved in accordance with the Framework Decision of | | Council 2003 /577/JHA of 22 July 2003 on enforcement in the Union | | European orders for the freezing of goods or evidence; | | | [] the value of the property that can be confiscated in the issuing State and in all | executing states risk not being sufficient to execute the total amount | provided in the confiscation order; | | | [] other reasons (specify): .............................................. | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- h) Information on the natural or legal person against whom a | The confiscation order was issued: | | | 1. For individuals | | Name: ...................................................................... | | First name: ................................................................... | | Name prior to marriage (if applicable): .............................. | | Alias (if applicable): ................................................... | | Sex: ....................................................................... | | Citizenship: ................................................................. | | | Identification number or social insurance 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 | relevant variant): | | | a) the issuing State has reasonable grounds to believe that the person against | to which the respective confiscation order was issued 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: ...................... | | Location of the person's goods/source of income (if not known, | last known location): ................................................. | | | [] b) there are no valid reasons, according to lit. a), allowing the state | issuer to determine in which Member State may transmit the order of con-| | fiscare, but the person against whom the confiscation order was issued | The usual residence in the executing state. Complete with the following | information: | | Common residence in the executing State: ................................ | | | 1.2. If the confiscation order envisages a good or more | | many determined goods (determined): | | The confiscation order is transmitted to the executing State because (tick | relevant variant): | | a) the determined (determined) good (s) 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) or a | part of the property (s) mentioned in the confiscation order is located in | State of execution. Add the following information: | | The reasons why it is considered that the good (the goods) are in the state of | Execution: ................................................................. | | | [] c) there are no valid reasons, according to lit. b), allowing the state | issuer to determine in which Member State may transmit the order of con-| | fiscare, but the person against whom the confiscation order was issued | The usual residence in the executing state. Complete with the following infor-| | matii: | | Common residence in the executing State: ................................ | | | Two. For legal entities: | | Name: ................................................................. | | Form of the legal person: .................................................. | | 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 | relevant variant): | | | a) the issuing State has reasonable grounds to believe that the legal person | against which the confiscation order was issued respectively holds goods or | revenue in the executing state. Complete with the following information: | | Reasons to believe that the legal person owns 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 grounds based on the letter. a) that would allow the state | issuer to determine in which Member State may transmit the order of | confiscation, but the legal person for whom the order of confis was issued-| which has its registered office in the executing State. Complete with trace-| The following information: | | registered office in the executing State: ................................. | | 2.2. If the confiscation order envisages a good or more | | many determined goods (determined): | | The confiscation order is transmitted to the executing State, because (tick | relevant variant): | | a) the determined (determined) good (s) is/are located (local-| zate) in the executing State (see lit. i); | | | [] b) the issuing State has good reason to believe that the whole (all) good | | (the goods) or part of the good (the goods) mentioned in the order of confis-| that is in the executing state. Add the following information: | | The reasons why it is considered that the good (goods) determined (determi-| | nate) is in the executing state: ...................................... | | | [] c) There are no good reasons according to lit. b) allowing the state | issuer to determine in which Member State may transmit the order of con-| | fiscare, but the legal person against whom the con order was issued-| | fiscare has its registered office in the executing state. Complete with trace-| The following information: | | registered office in the executing State: ................................. | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- i) confiscation order | | The confiscation order was issued on: .............................. | | The confiscation order remained final on: ........................ | | Reference number of the confiscation order (if applicable): ......... | | | 1. Information on the nature of the seizure order | | | 1.1. Indicate (by ticking the relevant variants) if the order of confis-| referring to: | | | [] a sum of money | | Amount to be executed in the executing State (the currency will be indicated in figures and in | letters): ................................................................... | | Total amount provided for in the confiscation order (the currency will be indicated in figures | and in letters): ............................................................. | | | [] a good or more determined goods (determined) | | Description of the determined good (s): | | Location of the determined good (s) (if not known, | last known location): ................................................. | | .................................................................................... | | When the seizure of the property (s) determined (determined) implies | actions in several executing states, describe the measures to be taken | .: ................................................................ | | | 1.2. The court ruled that the good (tick the relevant variants): | | | (i) represent the product of a crime or correspond, in all or in | part, value of this product; | | | (ii) is the instrument of a crime; | | | [] (iii) is susceptible to confiscation as a result of application, in the State | issuer, of the extended powers of confiscation, as provided for in | lit. a), b) and c). The foundation of this decision is that the court, on | Based on the facts, the goods result from: | | | a) criminal activities of the convicted person carried out in a | previous period of conviction for the offence concerned that the court | The | o consider it to be reasonable, given the circumstances of the parties case-| ; or | | | [] b) similar criminal activities of the convicted person deployed | 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 | Custom; or | | | [] c) criminal activities of the person, being established that | the value of the goods is disproportionate in relation to the legal income of per-| to that soana; | | | [] (iv) is susceptible to confiscation under any other provisions | on the extended duties on confiscation provided for by legis-| The lation of the issuing State. | If two or more categories of confiscation are valid, | fill in with details on the goods that are confiscated for | each category: ......................................................... | | | Two. Information on the offence (s) to which it relates | the confiscation order | | | 2.1. The state of affairs and the description of the circumstances in which it was committed | the offence (s) to which the confiscation order relates, | including date and place: .................................................... | | 2.2. Nature and legal classification of crimes resulting from the order | confiscation, as well as the text of the law under which the decision was taken: | | .................................................................................... | | .................................................................................... | | | 2.3. If applicable, indicate one or more crimes to which it is done | Reference to point 2.2, if the offence (s) respec-| | tiva (respective) is/are sanctioned (sanctioned) by the state of emi-| | tent with a custodial sentence with a maximum duration of at least 3 | years imprisonment (check the relevant version): | | | [] participation in an organized criminal group; | | | [] terrorism; | | [] human trafficking; | | [] child sexual exploitation 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 inte- Financial statements of the European Communities; | | | [] washing proceeds of crime; | | | [] currency counterfeiting, including the euro; | | | [] crimes related to cybercrime; | | | [] environmental crimes, including trafficking in species of | endangered animals and vegetables; | | [] facilitating illegal entry and stay; | | [] omor and grievous bodily harm; | | [] illicit trafficking of human organs and 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 | maple; | | | [] deception; | | [] racket and extortion; | | | [] counterfeiting and piracy of goods; | | | [] falsification of official documents and the use of falsified official acts; | | | [] counterfeiting of means of payment; | | [] illicit trafficking of hormonal substances and other growth factors; | | | [] illicit trafficking of nuclear or radioactive materials; | | [] traffic of stolen vehicles; | | | [] rape; | | | [] arson with intent; | | [] crimes under the jurisdiction of the International Criminal Court; | | [] illegal sequestration of ships and aircraft; | | | [] sabotage. | | | 2.4. Insofar as the offence/offences to which the order relates | confiscation, identified/identified in section 2.2 2.2, is not (are) | contained in paragraph 2.3, describe in detail the offence of res-| Pective (this should present the actual criminal activity | in opposition to, for example, legal framing): | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- j) Procedures that led to the confiscation ruling | | | 1. [[] Yes, the person was present in person at the trial following which a | The confiscation order was issued. | | | Two. [] No, the person was not present in person at the trial as a result of which | The confiscation order was issued. | | | 3. If you have checked the box in section 2, please confirm the existence of one | of the following items: | | | 3.1a. [] the person was personally quoted at ... (day/month/year) and, by | Therefore, informed about the date and place set for the trial in | following which the confiscation order was issued and was informed that it may | a decision is rendered if it does not appear at the trial; | | or | | | 3.1b. [] the person was not personally quoted, but received effectively, through other | means, an official briefing on the date and place set for | the trial following which the confiscation order was issued, in such a way that | It was unequivocally established that he had knowledge of the established process | | and has been informed that a decision can be handed down in | if not present at the trial; | | or | | | 3.2. [] having knowledge of the established process, has mandated a lawyer who has | It was called either by the person concerned or ex officio, to defend it | at the trial and was indeed defended by the respective lawyer at the trial; | | or | | | 3.3. [] the person was personally handed the confiscation ruling at ... | | (day/month/year) and was expressly informed of the right to | the retrial of the case or an appeal, within which it has the right to | be present and that allows that the factual situation of the cause, including the evidence | new, to be re-examined and which can lead to the abolition of the decision | initiale; and the person expressly stated that he does not contest the judgment; | | or | | | [] the person did not request a retrial or promotion of a path of | attack in the appropriate time frame. | | | Four. If you have checked the box section 3.1b, 3.2 or 3.3, please provide | information on how the condition was met | relevance: | └ ---------------------------------------------------------------------------- -------- Lit. j) of Annex 4 has been amended by point 70 70 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 772 of 11 December 2013. ┌ ---------------------------------------------------------------------------- k) Convert and transfer of goods | | | 1. If the confiscation order relates to a good determined, | specify if the issuing State authorizes the executing State to confiscate | in the form of an obligation to pay a corresponding amount of money | Good value. | | | [] Yes | | | [] not | | | Two. If the confiscation order relates to a sum of money, | specify if the good, other than the amount obtained by the execution of the order confiscation, can be transferred to the issuing state: | | | [] Yes | | | [] not | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- l) Alternative methods, including custodial sanctions | | | 1. Specify if the issuing State authorizes the executing State to | apply alternative measures when executing the confiscation order not | is possible, in whole or in part: | | | [] Yes | | | [] not | | | Two. If so, specify which sanctions can be applied (type and maximum | sanction): | | | [] imprisonment (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 authority issuing the certificate and/or of the representatives certifies the content of the certificate as: | | .................................................................................... | | .................................................................................... | | .................................................................................... | | Name: ...................................................................... | | function (title/grade): ...................................................... | | Date: ...................................................................... | | Official stamp (if available | └ ---------------------------------------------------------------------------- + Annex 5 CERTIFICATE (1) ┌ ---------------------------------------------------------------------------- a) * issuing State: | | | * State of execution: | b) The court which delivered the final judgment of conviction | | Official name: | | The judgment was given to (date: zz-ll-aaaa): | | The judgment remained final on (mentioned date: zz-ll-aaaa): | | Registration number of the judgment (if applicable): | c) Information on the authority that may be contacted in the case | Any questions regarding the certificate | | | 1. Type of authority: Please check the appropriate box: | | | [] Central authority: | | | [] Court: | | | [] Other authority: | | | Two. Contact details of the authority indicated in lett. c) | | Official name: | | | Address: | | No tel. (country prefix) (region/city prefix): | | Fax (prefix of the country) (prefix of the region/city): | | Email address (if available): | | | 3. Languages in which it is possible to communicate with the authority: | | | Four. Contact details of the person/persons to be contacted in | to obtain additional information in order to execute the judgment | to the court or to obtain an agreement on the transfer procedures | | | (name, title/grade, no. tel., no. fax, e-mail address), if different from those of | in section 2 2: | d) Information on the person on whom the conviction was pronounced | | | Name: | | | First name: | | | (1) This certificate must be written or translated in one of the | Official languages of the executing Member State or in any other language | accepted by that State. | | Name before marriage, as applicable: | | Other names, as applicable: | | | Sex: | | Citizenship | | Personal numerical code or social insurance number (as applicable): | | | Date of birth: | | | Place of birth: | | Last known addresses/residences: | | Language (s) that the person (s) understands (if known): | | The convicted person is: | in the issuing State and is to be transferred to the executing State; | in the executing state, and the execution is to take place in that state. | | Additional information to be provided, if available and if it is | case: | | | 1. Photo and fingerprints of the person and/or contact details of the person | to be contacted in order to obtain the respective information: | | | Two. Type and number of identity card or passport of person | | convicted: | | | 3. Type and residence permit number of the convicted person: | | | Four. Other relevant information regarding the family of the convicted person and | social or professional ties with the executing State: | e) Preventive arrest request made by the issuing State (in the case in | which the convicted person is in the executing state) | | The issuing state requires the executing State to arrest the person | | convicted or take any other steps to ensure that person | condemned remains on its territory until the ruling of | recognition and execution of the sentence. | | The issuing state has already requested the executing state to arrest the person | | convicted or take any other steps to ensure that person | condemned remains on its territory until the ruling of | reconnaissance and execution of sentence. Please specify the name | to the authority of the issuing state that made the decision on the arrest request | of the person (if applicable and if the information is available): | f) Link to a previously issued European Arrest Warrant (MEA) | | A European arrest warrant has been issued for the purpose of serving a sentence | or a custodial measure and the executing Member State shall be | | | commit to serving the sentence or the custodial measure [art. 4 4 | para. ((6) of the EAW Framework Decision). | | The date of the EAW issue and the registration number, if applicable: | | Name of the authority that issued the MEA: | | Date of the decision to execute the sentence and the registration number, if it is | case: | | Name of the authority that issued the decision to execute the sentence: | | An MEA was issued for the purpose of tracking a person who is a national | or resident of the executing State, and the executing State has surrendered | that person on condition that the person is returned to the state of | Enforcement to execute sentence or custodial measure | applied to it in the issuing Member State (Art. 5 5 para. ((3) of | | MY Framework Decision]. | | Date of the decision to surrender the person: | | Name of the authority that issued the teaching decision: | | Registration number of the judgment, if available: | | Date of surrender of the person, if known: | g) The reasons for the transmission of the judgment and the certificate [in | If you filled out lit. f), it is not necessary to complete this | heading]: | | The judgment and the certificate are transmitted to the state of execution-| loud because the issuing authority finds that the execution of the sentence by | the executing State would serve the purpose of facilitating the social rehabilitation of | convicted persons and: | a) the executing State is the state of citizenship of the person convicted in | | | who lives | b) the executing State is the state of citizenship of the person convicted in | Which the convicted person will be expelled as soon as he is exonerated by | execution of sentence under an expulsion or deportation order | included in the court decision or in a court decision or | Administrative or in any other measure taken as a result of that | judgments. Whether the expulsion or deportation order is not included in | court ruling, please specify the name of the authority that a | issued the order, date of issue and registration number, if available | c) the executing State is a state, other than that mentioned in lett. a) | | b), whose competent authority agrees to the transmission of the judgment | | judicial and certificate to the respective state | d) the executing State has sent a notification according to art. 4 4 para. ((7) of | Framework Decision and: | it is confirmed that, after the knowledge of the competent authority of the issuing State, The convicted person lives and has had legal residence continuously on a | | | period of at least 5 years in the executing state and will retain the right | permanent residence in that State or | it is confirmed that the convicted person is a national of the state of | Enforcement. | h) sentencing judgment | | | 1. The ruling refers, in total, to ..... crimes. | | Summary of facts and a description of the circumstances in which a (u) was committed | | (committed) offence (offences) including date, time and place as well as | nature of the person's involvement: | | Nature and legal framing of the crime (s), as well as | the applicable legal provisions on the basis of which the judgment was delivered | Judicial: | | | Two. Insofar as the offence (s) identified (identified | At lit. h) sub-paragraph 1 represents one or more of the following | offences, as provided for by the domestic law of the issuing State, | | which are punished in the issuing state with a punishment or a custodial measure | of freedom whose maximum duration is at least 3 years, please | confirm by ticking the corresponding box (s): | | [] participation in an organized criminal group; | | | [] terrorism; | | | [] human trafficking; | | [] child sexual exploitation 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, for the purposes of the Convention on the Protection of the | European Communities of 26 July 1995; | | | [] washing proceeds of crime; | | | [] falsification, including counterfeiting of the euro; | | | [] facts related to cybercrime; | | | [] environmental crimes, including illicit trafficking of species | endangered animals and illicit trafficking of species and varieties of | endangered plants; | | | [] facilitating entry and illegal stay; | | [] omor and grievous bodily harm; | | [] illicit trafficking of human organs and tissues; | | [] kidnapping, deprivation of liberty illegally and taking hostages; | | | [] racism and xenophobia; | | [] organized or armed theft; | | [] illicit trafficking of cultural goods, including antiques and works of art; | | | [] cheating; | | [] racket and extortion; | | | [] counterfeiting and piracy of goods; | | | [] falsification of official acts and use of forgery; | | | [] falsification of means of payment; | | [] illicit trafficking of hormonal substances and other growth factors; | | [] illicit trafficking of nuclear and radioactive materials; | | [] traffic of stolen vehicles; | | | [] rape; | | | [] arson with intent; | | [] crimes related to the jurisdiction of the International Criminal Court; | | | [] illegal sequestration of ships and aircraft; | | | [] sabotage | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- | | 3. Insofar as the offence (s) indicated at | . 1 1 is not (are) covered (covered) by item 2 2 or if the judgment and | the certificate is transmitted to the Member State, which stated that it will verify | double criminalization [art. 7 7 para. ((4) of the Framework Decision), please | extensively describe the offence (s) in question: | i) The stage of the sentencing ruling | | | 1. Specify if the person was present in person at the trial in | following which the ruling was handed down: | | | 1. [[] Yes, the person was present in person at the trial following which a | The judgment was delivered. | | | Two. [] No, the person was not present in person at the trial following | to whom the judgment was delivered. | | | 3. If you have checked the box section 2 2 above, please confirm | existing one of the following elements: | | | [] 3.1a. the person was personally quoted at ........ (day/month/year) and, | Therefore, informed about the date and place set for the trial | following which the ruling was handed down and informed that it may be | delivered a judgment if it does not appear at trial; | | or | | | [] 3.1b. the person was not personally quoted but actually received through other | means an official briefing on the date and place set for | The trial following which the decision was rendered, in such a way that it was | Unequivocally established that he had knowledge of the trial and was | informed of the fact that a judgment may be rendered in the case of | that does not appear at the trial; | | or | | | [] 3.2. having knowledge of the established process, mandated a lawyer who a | It was called either by the person concerned or ex officio, to defend it | at the trial and was indeed defended by the respective lawyer at the trial; | | or | | | [] 3.3. the person was personally handed the decision at ........ | | (day/month/year) and was expressly informed of the right to | the retrial of the case or an appeal, within which it has the right to | be present and that allows that the factual situation of the cause, including the evidence | new, to be re-examined and which can lead to the abolition of the decision | initials; and | the person expressly stated that he does not contest this judgment; | | or | | | [] the person did not request a retrial or promotion of a path of | attack in the appropriate time frame. | | | Four. If you have checked the box section 3.1b, 3.2 or 3.3, please provide | information on how the condition was met | relevance: | | | Two. Duration of the sentence: | | | 2.1. Total duration of the sentence (in days): | | 2.2. The total period of the custodial sentence already executed in | report with the punishment in relation to which the court decision was issued | | | (in days): | | ....... on the date of (...) (specify the date on which it was made | calculation: zz-ll-aaaa): ...... | | | 2.3. Number of days to be deducted from the total duration of the sentence | for reasons other than that referred to in point 2.2 (for example, amnesties, | pardons or clemency measures, etc., already granted in connection with | punishment): ......., on the date of (...) (specify the date on which it was | done the calculation: zz-ll-aaaa): | | | 2.4. Expiry date of the sentence in the issuing State: | | does not apply, because the person is not currently detained; | person is currently detained and the punishment, according to domestic law | of the issuing state, will have been executed completely until (specify | date: zz-ll-aaaa) (1): | | | 3. Type of punishment: | custodial sentence; | custodial measure (please specify): | j) Information on pre-term or conditional release | | | 1. Under the domestic law of the issuing state, the convicted person has | right to be released before term or conditional, after execution: | half of the sentence; | of two thirds of the sentence; | of another fraction of the sentence (please specify): | | | Two. The competent authority of the issuing State requests to be informed by | On: | the applicable provisions of the national law of the executing State | on the prior term or conditional release of the person | condemned; | the beginning and end of the period of release before or | Conditional. | k) Opinion of the convicted person | | | 1. The convicted person could not be heard because they are already in | State of execution. | | | Two. The convicted person is in the issuing state and: | | a) requested the transmission of the court decision and the certificate | has agreed to the transmission of the judgment and the certificate | | | did not agree to the transmission of the court decision and the | certificate (specify the reasons given by the convicted person): | b) The opinion of the convicted person is in the Annex. | | The opinion of the convicted person was sent to the executing State at | | | (specify date: zz-ll-aaaa): | l) Other information relevant to the case (optional information) | m) Final information | | The text of the judgment (s) shall be attached to the certificate (2). | | Signature of the authority issuing the certificate and/or its representative | Which certifies | | | Name: | | Held function (title/grade): | | | Date: | | Official stamp (if applicable) | └ ---------------------------------------------------------------------------- ----- (1) Please enter here the date until which the sentence will have been executed in its entirety (without considering the possibilities for release before the term and/or conditional on any nature) if the person were in the state. Issuer. (. The competent authority of the issuing State shall attach to the case all judicial decisions which are necessary to have all information on the final penalty to be executed. There may also be an annex to the available translations of the judgment of the judgments). -------- Annex 5 was introduced by section 6.6. 71 71 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 of 11 December 2013, having the content set out in Annex 1 to the same normative act. + Annex 6 NOTIFICATION OF CONVICTED PERSON ┌ ---------------------------------------------------------------------------- | You are hereby informed of the decision ............................ | | (competent authority of the issuing State) to transmit the judgment | | .................................... (competent state court | issuer) dated ....... (date of the judgment) ................ | | (registration number; if applicable) to .................. (state of | execution) for the purpose of its recognition and execution of the sentence | applied by the said judgment, in accordance with national law | Implementation of Council Framework Decision 2008 /909/JHA of | | 27 November 2008 on the application of the principle of mutual recognition the case of judicial decisions in criminal matters imposing penalties or | custodial measures for the purpose of their execution in the Union | | Europeana. | | The execution of the sentence will be governed by law ................. (state | Enforcement). The authorities of that state will have the power to | | | decide on enforcement procedures and order all measures | Related | | related, including on the reasons for release ahead of schedule or | Conditional. | | The competent authority of the ....... (executing State) must deduct | Total period of the custodial sentence already executed in the report | with the sentence of the total duration of the custodial sentence that must be | executed. The penalty may be adapted by the competent authority of | | ................ (executing state) only if it is incompatible, by | nature or its duration, with the legislation of the respective state. It must not, by its nature or duration, be tougher than punishment | applied in ...................... (issuing state). | └ ---------------------------------------------------------------------------- -------- Annex 6 was introduced by section 6.6. 71 71 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 of 11 December 2013, having the content set out in Annex 2 of the same normative act. + Annex 7 CERTIFICATE ┌ ---------------------------------------------------------------------------- | (a) The issuing State: | | State of execution: | | (b) The Authority which issued the decision on judicial surveillance measures | | Official name: | | Please specify whether the additional information on the decision | on judicial surveillance measures will be obtained through: | | | [] the above-mentioned authority | | [] central authority; if you have ticked this box, you | Please specify the official name of that central authority: | | [] other competent authority; if you have checked this box, | Please specify the official name of that authority: | | Contact details of the issuing authority/central authority/other | competent authorities | | | Address: | | No tel. (prefix of the country) (prefix region/locality): | | Fax (prefix of the country) (prefix of the region/locality): | | Data of the person (s) of contact: | | | Name: | | | First name: | | Function (title/grade): | | No tel. (prefix of the country) (prefix region/locality): | | Fax (prefix of the country) (prefix of the region/locality): | | E-mail (if any): | | Languages that can be used for communication: | | ......................................................................... | | | (d) Information on the individual on which the decision was issued | on judicial surveillance measures | | | Name: | | | First name: | | Name before marriage, as applicable: | | Name of the loan, as applicable: | | Sex: | | Citizenship: | | Personal numerical code or social insurance number (if any): | | | Date of birth: | | | Place of birth: | | Addresses/residences: | | |-in the issuing state: | | |-in the executing State: | | |-elsewhere: | | Language (s) that one (s) understands (if known/are | known): | | Please provide the following information, if they are | Available | | |-type and number of the person's identity document (s) (book of | identity, passport): | |-type and number of the person's residence permit in the executing State: | | | (e) Information on the Member State to which the decision is transmitted | on judicial surveillance measures together with the certificate | | Decision on judicial surveillance measures together with the certificate | are transmitted to the state of execution indicated in lett. ((a) of the following | Reason: | | | [] the person concerned has his usual legal residence in the state of | execution and, being made aware of the measures that concern her, consent | to return to that state | | | [] the person concerned requests that the decision be made on measures of | judicial supervision of a Member State other than that in which it has | Legal and usual residence of the following (following) reason (s): | | | (f) Specifications relating to the decision on surveillance measures | Judicial | | | The decision was issued on (date: ZZ-LL-YYYY): | | The decision became enforceable on (date: ZZ-LL-YYYY): | | If, at the time of transmission of the certificate, a path was introduced | attack against decision on judicial surveillance measures, please | to check this box ... [] | └ ---------------------------------------------------------------------------- Reference number of the decision (if available): The person in question was on remand during the next periods (as applicable): 1. The decision concerns a total number of: ............. crimes alleged. Summary of facts and description of circumstances in which the alleged (alleged) offence (s) was committed (committed), including the date and place of the commission of the crime (s) and the nature of the person concerned: The nature and legal classification of the alleged crime (s) and the applicable legal provisions, under which the decision was issued: 2. If the offence (s) alleged (alleged) referred to in point (a) 1 1 constitute one or more of the the following offences, as defined in the law of the State of conviction, which are punishable in the state of conviction by a sentence with imprisonment or by a custodial measure of maximum duration for at least 3 years, please confirm by ticking the box (boxes) Appropriate: [] participation in an organized criminal group; [[] terrorism; [[] human trafficking; [] sexual exploitation of children and child pornography; [[] illicit trafficking of drugs and psychotropic substances; [] illicit trafficking of weapons, ammunition and explosive substances; [[] corruption; [[] fraud, including that which affects the financial interests of European Communities within the meaning of the Convention of 26 July 1995 on protection of the European Communities ' financial interests [[] washing products of crime; [[] currency counterfeiting, including the counterfeiting of the euro; [] cybercrime; [[] environmental crimes, including illicit trafficking of species endangered animals and the trafficking of species and varieties of plants by way of of extinction; [[] facilitating illegal entry and stay; [] murder, grievous bodily harm; [[] illicit trafficking of human organs and tissues; [] kidnapping, deprivation of liberty illegally and taking hostages; [[] racism and xenophobia; [] organized or armed theft; [[] illicit trafficking of cultural goods, including antiques and works of art; [[] cheating; [[] racket and extortion; [] counterfeiting and piracy of products; [[] forgery of official acts and use of forgery; [[] counterfeiting of means of payment; [[] illicit trafficking of hormonal substances and other growth factors; [[] illicit trafficking of nuclear or radioactive materials; [] Traffic of stolen vehicles; [[] rape; [[] arson with intent; [] crimes of jurisdiction of the International Criminal Court; [[] illegal sequestration of ships or aircraft; [] sabotage. 3. To the extent that the alleged (alleged) offence (s) identified (identified) in section 4.2 1 is not (are) listed on Section 2 or if the decision and the certificate are transmitted to a State member who stated that he would check the double criminalization [art. 14 14 para. ((4) from the Framework Decision], please describe the offence at length ((offences) alleged (alleged) in question: ┌ ---------------------------------------------------------------------------- | | (g) Specifications for the duration and nature of the surveillance measure (s) | Judicial: | | | 1. Duration on which the decision on supervisory measures applies | Judicial and if a renewal of that decision is possible (after | case): ...... | | | Two. Provisional duration for which monitoring is likely to be required | judicial surveillance measures, taking into account all the circumstances | if known at the time of transmission of the decision on measures | Judicial surveillance (indicative information): ............. | | | 3. Nature of the measure (s) of judicial supervision (is possible | ticking more boxes): | | | [] the person's obligation to inform the competent authority of the state of | Enforcement on any change of residence, in particular for the purposes of | receipt of subpoenas regarding participation in a hearing or a trial in | Criminal proceedings; | | | [] obligation not to enter certain localities, places or defined areas | of the issuing State or of execution; | | | [] the obligation to remain in a certain place, as the case may be, in certain intervals; | | | [] the obligation to restrict the departure of the territory of the state of | Executation; | | | [] the obligation to appear on dates set before a certain | authorities; | | | [] the obligation to avoid contact with certain persons in relation to | the offence (s) alleged to have been committed | | | (committed); | | | [] other measures that the executing State is prepared to | supervising, in accordance with a notification made pursuant to art. 8 8 | para. ((2) of the Framework Decision: ................ | | If you have checked the box on "other measures", please | specify the respective measure (s) by ticking the box | | | (boxes) corresponding to: | | | [] obligation not to engage in certain activities in relation to | the offence (s) alleged to have been committed | | (committed), which may include involvement in a particular profession or | in a field of activity; | | | [] obligation not to drive a vehicle; | | | [] the obligation to submit a certain amount or to provide another type of | warranty, which can be provided either in a certain number of installments or a | Only once; | | | [] an obligation to undergo a medical or detox treatment; | | | [] obligation to avoid contact with certain objects in connection with | the offence (s) alleged to have been committed | | | (committed); | | | [] other measures (please specify): .................. | | | Four. Please provide a detailed description of the measure (s) of | Judicial surveillance referred to in point 3 3: | | | (h) Other circumstances relevant to the case, including specific reasons | to impose the measure (s) of judicial supervision (information | optional): | | The text of the decision is attached to | Signature of the authority issuing the certificate and/or signature | to its representative to confirm the accuracy of the content | Certificate: | | | Name: | | Function (title/grade): | | | Date: | | Reference folder (if any): | | Official stamp (as applicable): | └ ---------------------------------------------------------------------------- -------- Annex 7 was introduced by section 6.6. 71 71 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 of 11 December 2013, having the content set out in Annex 3 of the same normative act. + Annex 8 ┌ ---------------------------------------------------------------------------- | Reporting of violation of a judicial surveillance measure | | and/or other findings that could lead to the adoption of any | other subsequent decisions | | | | | | (a) Data on the identity of the person subject to supervision | | | Name: | | | First name: | | Name before marriage, as applicable: | | Name of the loan, as applicable: | | Sex: | | Citizenship: | | Personal numerical code or social insurance number (if any): | | | Date of birth: | | | Place of birth: | | | Address: | | Language (s) that one (s) understands (if known/are | known): | └ ---------------------------------------------------------------------------- (b) Data relating to the decision on surveillance measure (s) Judicial Decision issued on: Folder reference (if any): The authority that issued the decision: Official name: Address: Certificate issued on: The authority which issued the certificate: Folder reference (if any): (c) Data of the authority responsible for monitoring the measure (s Judicial supervision Official name of the authority: Name of contact person: Function (title/grade): Address: Tel. ((country prefix) (region prefix): Fax (country prefix) (region prefix): Email: Languages that can be used for communication: ((d) Violation of the measure (s) of judicial supervision and/or other findings that could lead to the adoption of any other decisions Subsequent: The person mentioned in lit. ((a) violate the following measure (s) ((measures) of judicial supervision: [[] the obligation of the person to inform the competent authority of the enforcement of any change of residence, in particular for the purposes of receiving subpoenas regarding participation in a hearing or a trial in the criminal proceedings; [] obligation not to enter certain localities, places or defined areas of the issuing or executing State; [[] the obligation to stay in a certain place, as appropriate, in certain intervals; [] obligation to restrict the leaving of the territory of the state execution; [[] the obligation to appear on dates set in front of a given authorities; [[] the obligation to avoid contact with certain persons in relation to the offence (s) alleged to have been committed (committed); [[] other measures (please specify): Description of the breach (s) (place, date and circumstances specific): -other findings that could lead to the adoption of any other decisions Subsequent. Description of findings: ((e) Data of the contact person where it is necessary to obtain of additional information on the infringement: Name: First name: Address: No tel. (prefix of the country) (prefix region/locality): Fax (prefix of the country) (prefix of the region/locality): Email: Languages that can be used for communication: Signature of the authority issuing the form and/or signature its representative to confirm the correctness of the content form: Name: Function (title/grade): Date: Official stamp (as applicable): -------- Annex 8 was introduced by section 6.6. 71 71 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 of 11 December 2013, having the content set out in Annex 4 of the same normative act. + Annex 9 CERTIFICATED* 1) ┌ ---------------------------------------------------------------------------- a) State of conviction: | | State of execution: | b) The court which delivered the judgment applying a suspension of the execution of sentence, a postponement of the application of punishment or a sanction | Alternative | | | Official name: | | Please specify whether further information on the ruling | The court will be obtained by means of: | | [] the above-mentioned court; | | [] central authority; if you have ticked this box, you | Please specify the name of that central authority: | | [] other competent authority; if you have checked this box, | Please specify the official name of that authority: | | Contact details of the court/central authority/other authority | | | | | Address: | | No tel. (prefix of the country) (prefix region/locality): | | Fax (prefix of the country) (prefix of the region/locality): | | Data of the person (s) of contact | | | Name: | | | First name: | | Function (title/grade): | | No tel. (prefix of the country) (prefix region/locality): | | Fax (prefix of the country) (prefix of the region/locality): | | E-mail (if any): | | Languages that can be used for communication: | c) The authority that issued the probation decision (if applicable) | | Official name: | | Please specify whether the additional information on the decision | probation will be able to be obtained through: | | [] the above-mentioned authority; | | [] central authority; if you have ticked this box, you | Please specify the official name of that central authority, | if this information is not already provided in lett. b): | | [] other competent authority; if you have checked this box, | Please specify the official name of that authority: | | Contact details of the authority, central authority or other authority | competent authorities, if this information is not provided for | Already at lit. b) | | | Address: | | No tel. (prefix of the country) (prefix region/locality): | | Fax (prefix of the country) (prefix of the region/locality): | | Data of the person (s) of contact | | | Name: | | | First name: | | Function (title/grade): | | No tel. (prefix of the country) (prefix region/locality): | | Fax (prefix of the country) (prefix of the region/locality): | | E-mail (if any): | | Languages that can be used for communication: | d) Competent authority for the supervision of probation measures or a | Alternative sanctions | | Authority of the Competent Sentencing State for Surveillance | of probation measures or alternative sanctions: | | | [] the institution/authority referred to in point. b); | | | [] the authority referred to in point c); | | | [] other authority (please specify its official name): | | Please indicate the authority to be contacted to get | Additional information for the purpose of supervision of probation measures or | of alternative sanctions: | | [] the above-mentioned authority; | | [] central authority; if you have ticked this box, please | specify the official name of that central authority, in | If this information is not already provided in lett. b) or c): | | The contact details of the authority or the central authority, if the which this information is not already provided for in lit. b) or c) | | | Address: | | No tel. (prefix of the country) (prefix region/locality): | | Fax (prefix of the country) (prefix of the region/locality): | | Data of the person (s) of contact: | | | Name: | | | First name: | | Function (title/grade): | | No tel. (prefix of the country) (prefix region/locality): | | Fax (prefix of the country) (prefix of the region/locality): | | E-mail (if any): | | Languages that can be used for communication: | └ ---------------------------------------------------------------------------- ----- * *. This certificate must be completed or translated into the official language or one of the official languages of the executing Member State or in any other official language of the institutions of the European Union accepted by that State. ┌ ---------------------------------------------------------------------------- e) Information relating to the individual as to which it was | delivered the judgment and, if applicable, the decision of | | probation | | | Name: | | | First name: | | Name before marriage, as applicable: | | Alias, as applicable: | | Sex: | | Citizenship: | | Personal numerical code or social insurance number (if | | exists): | | | Date of birth: | | | Place of birth: | | Last known addresses/residences (if any): | |-in the state of conviction: | | |-in the executing State: | | |-in another state: | | Language (s) that one (s) understands (if the information is | available): | | Please provide the following information, if they are | Available | | |-Type and number of identity document (s) of the person | convicted (identity card, passport): | |-Type and number of residence or residence permit of the person | convicted in the executing state: | f) Information on the Member State to which the judgment is delivered | Judicial and, if applicable, the decision of probation together with | | certificate | | The judgment and, as the case may be, the decision of probation together with | The certificate shall be sent to the executing State indicated in point a) of | For the following reason: | | [] the convicted person has his usual legal residence in the state of | execution and returned or intend to return to that state; | | [] the convicted person has moved or intends to move to the state of | execution of the following (following) reason (s) (please tick | corresponding box): | | [] the convicted person was offered a labor contract in the state of | Executation; | | [] the convicted person is one of the family members of a legal resident | Ordinary State of the executing State; | | | [] the convicted person has the intention to pursue studies or a training | Professional services on the territory of the executing State; | | | [] other reasons (please specify them): | g) Specifications on the court decision and, where applicable, the decision of | | probation | | The judgment was delivered on (date: ZZ-LL-YYYY): | | If applicable, the probation decision was issued on (date: ZZ-LL-AAAA): | | The judgment became final on (date: ZZ-LL-YYYY): | | If applicable, the probation decision has become final at | | | (date: ZZ-MM-YYYY): | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- | The execution of the judgment has commenced to (where it | the date is different from the date on which the court decision became | definitive) (date: ZZ-LL-YYYY): | | If applicable, the execution of the probation decision began at (in the case in | | which this date is different from the date on which the court decision of | become final) (date: ZZ-LL-YYYY): | | The number of the case in which the court decision was delivered (in where available): | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- | If applicable, the number of the file in which the decision was made by | probation (if available): | | | 1. The court ruling concerns a total number of: ... crimes. | | Summary of facts and description of the circumstances in which it was committed (au | were committed) the offence (s), including the date and place of the commission | the offence and the nature of the convicted person's involvement | Nature and legal characterisation of the crime (s) and | the applicable legal provisions, pursuant to which it was delivered | judicial decision: | | | Two. If the offence (s) mentioned at | . 1 constitute one or more of the following crimes, thus | as defined in the state of sentencing law, which are punished in | the state of conviction by a prison sentence or by a measure | custodial with maximum duration of at least 3 years, please | confirm by ticking the corresponding box (s): | | [] belonging to an organized criminal group; | | | [] terrorism; | | | [] trafficking in human beings; | | [] child sexual exploitation and child pornography; | | [] illicit trafficking of narcotic substances and psychotropic substances; | | | [] illicit trafficking of weapons, ammunition and explosives; | | | [] corruption; | | | [] fraud, including that against the Communities ' financial interests | | European within the meaning of the Convention of 26 July 1995 on protection financial interests of the European Communities; | | [] money laundering from the commission of crimes; | | | [] counterfeiting money, including counterfeiting the euro; | | | [] cybercrime; | | | [] environmental crimes, including illicit trafficking of animal species by way of | extinction and trafficking of endangered species and varieties of plants; | | [] facilitating entry and illegal stay; | | [] homicide, grievous bodily harm; | | [] illicit trafficking of human organs and tissues; | | [] kidnapping, deprivation of liberty illegally and taking hostages; | | | [] racism and xenophobia; | | [] organized or armed robberies; | | [] illicit trafficking of cultural goods, including antiques and works of art; | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- | | [] cheating; | | | [] embezzlement; | | [] counterfeiting of products and piracy; | | | [] falsification of administrative documents and false use; | | | [] falsification of means of payment; | | [] illicit trafficking of hormonal substances and other growth factors; | | | [] illicit trafficking of nuclear or radioactive materials; | | [] traffic of stolen vehicles; | | | [] rape; | | | [] voluntary arson; | | [] crimes of jurisdiction of the International Criminal Court; | | [] illegal sequestration of aircraft/vessels; | | [] sabotage. | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- | | 3. Insofar as the offence (s) identified (identifi-| how many) in section 1 is not listed in section 6.6. 2 2 or if | the judgment and, where applicable, the probation decision as well as the certificate are | submitted to a Member State, which has declared that it will verify the double criminalization | | | [art. 10 10 para. ((4) of the Framework Decision), please describe at length infrac-| (offences) in question: | h) Information on the trial procedure | | Specify if the person was personally present at the trial of the case: | | [] Yes, the person was personally present. | | | [] No, the person was not present. | | | 3. If you have checked the box section 2, please confirm the existence of one | of the following items: | | | [] 3.1a. the person was personally quoted at .... (day/month/year) and, by | Therefore, informed about the date and place set for the trial in | The result of which the judgment was delivered and informed that it may be | delivered a judgment if it does not appear at trial; | | or | | | [] 3.1b. the person was not personally quoted but actually received through other | means an official briefing on the date and place set for | The trial after which the ruling was handed down, in such a way that it was | Unequivocally established that he had knowledge of the process and was infor-| | mata on the fact that a ruling can be handed down if | does not appear at the trial; | | or | | | [] 3.2. having knowledge of the trial, mandated a lawyer who was appointed | either by the person concerned or ex officio to defend it at trial and | was indeed defended by the respective lawyer at the trial; | | or | | | [] 3.3. the person was personally handed the decision at ... (day/month/year) | | and was expressly informed of the right to retrial | to the case or to an appeal, within which it has the right to be present | | and that allows the factual situation of the cause, including the new evidence, to be | reexamined and | | the person expressly stated that he does not contest this decision; | | or | | | [] the person did not request a retrial or promotion of a path of | attack in the appropriate time frame. | | | Four. If you have checked the box section 3.1b, 3.2 or 3.3 above, please | provide information on how the con was met-| relevant dition: | i) Specifications on the nature of the sanction applied by judgment-| | reasca or, as the case may be, by decision of probation | | | 1. This certificate refers to a: | | [] Suspension of execution of sentence | | | [] Deferred application of the sentence: | | [] the application of a sentence has been postponed conditionally, by imposing | | one or more probation measures; | | [] one or more probation measures were imposed instead of a | | prison sentences or a custodial measure. | | [] Alternative Sanction and: | | [] the court ruling provides for a prison sentence or another | | the custodial measure to be executed in case of non-res-| | pectation of the obligation (s) or instruction (s) | | | respectively; | | [] the court ruling does not provide for a prison sentence or a | | the custodial measure to be executed in case of non-spec-| | strong of the obligation (s) or instruction (s) | | in question. | | | [] Parole release | | | Two. Additional information | | | 2.1. The convicted person was in detention prior to the conviction in | | next period: | | 2.2. The person executed a prison sentence/custodial measure of | freedom during the next period (to be completed only in case | conditional release): | | | 2.3. In the case of a suspended sentence: | | |-the length of the period of deprivation of liberty the execution of which was | suspended: | | |-duration of the suspension period: | | | 2.4. If the information is available, the duration of the freedom to be executed in the following situations: | |-revocation of suspension of sentence; | |-revocation of the decision on conditional release; or | |-violation of alternative sanction (if judgment of judgment-| | reasca provides for a prison sentence or another custodial measure | freedom to be executed in the event of such a breach): | j) Specifications for the duration and nature of the measure (s) of probation or | | alternative sanctions (sanctions) | | | 1. Total duration of supervision of the measure (s) of probation or of | alternative sanctions (sanctions): | | | Two. If applicable, the duration of each individual obligation imposed in the framework | of the measure (s) of probation or sanction (sanctions) | Alternative | | | | 3. Duration of the entire surveillance term (if it differs from | The duration indicated in section 1 1): | | | Four. Nature of the measure (s) of probation or sanction (sanctions) | alternatives (it is possible to tick several boxes): | | [] the obligation of the convicted person to inform a certain authority with | on any change of residence or job; | | | [] obligation not to enter certain localities, places or defined areas | from the state of conviction or execution; | | | [] obligation containing limitations in terms of leaving the territory | to the executing State; | | | [] provisions on behaviour, residence, education and training, | activities in the free time or containing the modalities of the Professional activity or limitations in this regard; | | | [] the obligation to appear on dates set before a certain self--| rhythati; | | [] the obligation to avoid contact with certain persons; | | | [] obligation to avoid contact with certain objects, which were used | | or are likely to be used by the person convicted in | the purpose of committing a criminal act; | | | [] obligation to financially repair the damage caused by | offence and/or obligation to provide proof of fulfilment of this | obligations; | | | [] obligation to provide community service; | | | [] obligation to cooperate with a supervisory agent (trial counselor-| tion) or with a representative of a social service that has responsibility-| litati as regards convicted persons; | | | [] an obligation to undergo therapeutic or rehab treatment; | | | [] other measures that the executing State is prepared to supervise, | in accordance with a notification made pursuant to art. 4 4 para. ((2) of | Framework Decision. | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- | | Five. Please provide a detailed description of the measure (s) of pro-| , or of the alternative sanction (s) referred to in point (a) 4 4: | | | Six. Please tick the following box if available | assessment reports of the convicted person: | | | [] If you have checked this box, please indicate in what | The language was drawn up in the reports in question: | k) Other circumstances relevant to the case, including relevant information | on previous convictions or specific reasons that have | determined the imposition of a (some) probation measures or a (some) | alternative sanctions (optional information): | | Text of the judgment and, where applicable, the text of the probation decision | are attached to the certificate. | | Signature of the authority issuing the certificate and/or representative's signature-| Its purpose to confirm the accuracy of the certificate content: | | | Name: | | Function (title/grade): | | | Date: | | File number (if any): | | Official stamp (as applicable): | └ ---------------------------------------------------------------------------- -------- Annex 9 was introduced by section 6.6. 71 71 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 of 11 December 2013, having the content set out in Annex 5 of the same normative act. + Annex 10 ┌ ---------------------------------------------------------------------------- | FORM | referred to in Article 17 of Council Framework Decision 2008 /947/JHA of | | 27 November 2008 on the application of the principle of mutual recognition the case of judicial decisions and probation decisions in order | Surveillance of probation measures and alternative sanctions | | Reporting violation of a probation measure, an alterna sanction-| | tive or any other findings | a) Details of the person's identity subject to surveillance | | Name: | | | First name: | | Name before marriage, as applicable: | | Alias, as applicable: | | Sex: | | Citizenship: | | Personal numerical code or social insurance number (if | | exists): | | | Date of birth: | | | Place of birth: | | | Address: | | Language (s) that one (s) understands (if the information is | available): | b) Data on the judgment and, if applicable, the decision of | probation regarding the suspension of the execution of the sentence, the application of the sentence, to the alternative sanction or to conditional release | | Court decision delivered at: | | File number (if any): | | If applicable, the probation decision issued at: | | File number (if any): | | The court that issued the court ruling | | Official name: | | | Address: | | If applicable, the authority that issued the probation decision | | Official name: | | | Address: | | Certificate issued on: | | The authority that issued the certificate: | | File number (if any): | c) Data on the authority responsible for overseeing the measure | | (measures) of probation or alternative sanction (s) | | Official name of the authority: | | | Name of contact person: | | Function (title/grade): | | | Address: | | Tel. (country prefix) (region prefix): | | Fax (prefix of the country) (region prefix): | | | E-mail: | d) Measure (s) of probation or alternative sanction (s) | | | (alternatives): | | | The person mentioned at lit. a) violate the following obligation | | (obligations) or instruction (instructions): | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- | [] the obligation of the convicted person to inform a certain authority with | on any change of residence or job; | | | [] obligation not to enter certain localities, places or defined areas | from the state of conviction or the executing state; | | | [] obligation containing limitations in terms of leaving the territory | to the executing State; | | | [] provisions on behaviour, residence, education and training, acti-| the vities of the free time or containing the modalities of a | professional activities or limitations in this regard; | | | [] the obligation to appear on dates set before a certain | authorities; | | [] the obligation to avoid contact with certain persons; | | | [] obligation to avoid contact with certain objects, which were used | | or are likely to be used by the person convicted in | the purpose of committing a criminal act; | | | [] obligation to financially repair the damage caused by | offence and/or obligation to provide proof of fulfilment of this | obligations; | | | [] obligation to provide community service; | | | [] obligation to cooperate with a supervisory agent (trial counselor-| tion) or with a representative of a social service that has the responsibility-| bilities in respect of convicted persons; | | | [] an obligation to undergo therapeutic or rehab treatment; | | | [] other measures: | └ ---------------------------------------------------------------------------- ┌ ---------------------------------------------------------------------------- e) Description of the violation (s) (place, date and circumstances | Specific): | f) Other findings (if any) | | Description of findings: | g) Contact person's data if it is necessary to obtain | Additional information on the violation | | | Name: | | | First name: | | | Address: | | No tel. (prefix of the country) (prefix region/locality): | | Fax (prefix of the country) (prefix region/locality): | | E-mail (if any): | | Signature of the authority issuing the form and/or signature representative-| Its purpose to confirm the accuracy of the content of the form: | | | Name: | | Function (title/grade): | | | Date: | | Official stamp (as applicable): | └ ---------------------------------------------------------------------------- -------- Annex 10 was introduced by section 4.2. 71 71 of art. I of LAW no. 300 300 of 15 November 2013 , published in MONITORUL OFFICIAL no. 772 of 11 December 2013, having the content set out in Annex 6 of the same normative act. ---------