LEGE no. 300 300 of 15 November 2013 to amend and supplement Law no. 302/2004 on international judicial cooperation in criminal matters
Published in OFFICIAL MONITOR no. 772 772 of 11 December 2013
The Romanian Parliament adopts this law + Article I Law no. 302/2004 on international judicial cooperation in criminal matters, republished in the Official Gazette of Romania, Part I, no. 377 of 31 May 2011, shall be amended and supplemented as follows: 1. in Article 2, letters e) and k)-p) shall be amended and shall read as follows: "" e) the person being followed-the person who has been prosecuted internationally; .......................................................................... 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; ... l) issuing state-the state in which a court decision was delivered or the criminal ordinance was issued, as the case may be; ... m) state of execution-the state to which a court decision is or has been transmitted for the purpose of its recognition and execution; ... 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; ... 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; 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; ". ... 2. Article 10 is amended and shall read as follows: "" 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. " ... 3. In Article 14, paragraphs 2 and 4 shall be amended and shall read as follows: " (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. .......................................................................... ((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 made the ... 4. In Article 19 (1), point b) shall be amended and shall read as follows: " 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; ". 5. In Article 19, paragraph 2 shall be amended and shall read as follows: " (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 judgment in question shall be delivered. ' 6. In Article 42, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: " (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. " 7. In Article 43, paragraphs 2 and 4 shall be amended and shall read as follows: " (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, 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. ......................................................................... (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. " ... 8. Article 44 is amended and shall read as follows: "" 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. " ... 9. Article 45 is amended and shall read as follows: "" 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. " 10. Article 58 is amended and shall read as follows: "" 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. " ... 11. Article 59 shall be repealed. 12. Article 65 is amended and shall read as follows: "" 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. " ... 13. After Article 66, a new article is inserted, Article 66 ^ 1, with the following contents: "" 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. " 14. In Article 68, paragraph 1 shall be amended and shall read as follows: "" (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 of Justice, through the specialized direction. " 15. Article 69 is amended and shall read as follows: "" ARTICLE 69 Retrial of the extradited person Ensuring the retrial in case of extradition of the person convicted in absentia is given by the Ministry of Justice, through the specialized direction, at the request of the requested state Art. 95 95 para. ((3) shall apply accordingly. '; 16. Article 82 is amended and shall read as follows: "" 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. ' 17. In Article 88, paragraphs 1 to 6 shall be amended and shall read as follows: " (1) The authority referred to in par. (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. (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. ... (. The European arrest warrant shall be issued: ... a) in the prosecution phase, by the court that issued the preventive arrest warrant, ex officio or upon referral to the prosecutor who performs or supervises the prosecution of the requested person; ... b) in the court stage, by the court on whose role is the case for resolution, ex officio or on the complaint 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 court of execution, ex officio or upon the complaint of the prosecutor or of the body to which the warrant for execution of the sentence of life or prison detention is executed or the decision by which the measure was taken The custodial. ... (4) The court verifies the fulfilment of the conditions provided (1) and proceed, as appropriate, as follows: ... a) issue the European arrest warrant and supervise the taking of measures for its translation and transmission, according to art. 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 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 first instance is required to issue a European Arrest Warrant. ... (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 ... (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 1. " ... 18. Article 89 is amended and shall read as follows: "" 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 execution thereof. ' ... 19. Article 90 is amended and shall read as follows: "" 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. " ... 20. Article 91 is amended and shall read as follows: "" 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. " ... 21. Article 92 is amended and shall read as follows: "" 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 shall be used exclusively for the purposes of this Article and shall not be published. " ... 22. Article 93 is amended and shall read as follows: "" 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. " ... 23. Article 95 is amended and shall read as follows: "" 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 on the date of takeover. ' ... 24. In Article 97, paragraph 2 shall be amended and shall read as follows: "" (2) 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 shall be provided that, if a custodial sentence is handed down, the person handed over to be transferred to Romania. " 25. In Article 98 (2), point c) is amended and shall read as follows: " c) when the European arrest warrant was issued for the purpose of carrying out a prison sentence or a custodial security 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; ". 26. In Article 98 (2), after letter h) a new letter, letter i) is inserted, with the following contents: "" 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. " 27. In Article 99, paragraphs 1 and 2 shall be amended and shall read as follows: "" (1) Within 48 hours of receiving 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. ((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. " ... 28. In Article 100, paragraph 2 shall be amended and shall read as follows: " (2) 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. " 29. Article 101 is amended and shall read as follows: "" 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 45. " ... 30. In Article 103, paragraphs 1, 2 and 11 shall be amended and shall read as follows: " (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. (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. ... .......................................................................... (11) When the requested person is released, the judge orders this one of the non-custodial preventive measures provided for by the Code of Criminal Procedure. In this case, if, subsequently, the judge orders the execution of the European arrest warrant, by the decision provided for in art. 107, the judge takes the measure of arrest for the surrender of the requested person. ... 31. After Article 103 a new article is inserted, Article 103 ^ 1, with the following contents: " 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. " ... 32. In Article 107, after paragraph 3, a new paragraph (4) is inserted, with the following contents: "" (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 the participation of Romania in the Schengen Information System, as amended. " 33. In Article 108, paragraph 1 shall be amended and shall read as follows: " (1) The terminations provided for in art. 101 101, art. 103 103 para. ((8) and (9) may be appealed, within 24 hours of delivery. " 34. In Article 111, paragraph 2 shall be amended and shall read as follows: " (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, it shall take place within 10 days of the new date agreed. " 35. Article 111 (3) shall be repealed. 36. Article 111 (5) shall be amended and shall read as follows: " (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. " 37. Article 112 is amended and shall read as follows: "" 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 costs of taking over and returning the person surrendered shall be borne by the issuing State. ... 38. Article 113 is amended and shall read as follows: "" 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. " ... 39. Article 123 is amended and shall read as follows: "" 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. ' ... 40. Article 124 is amended and shall read as follows: "" 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. " ... 41. In Article 125, paragraph 2 shall be amended and shall read as follows: " (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 presence of the prosecutor is mandatory 42. Article 127 is amended and shall read as follows: "" 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 were handed down by a Romanian court. " ... 43. After Article 127 a new article is inserted, Article 127 ^ 1, with the following contents: " 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. " ... 44. The name of Chapter II of Title IV shall be amended and shall read as follows: "" CHAPTER II Taking or initiating criminal proceedings at the request of a foreign state " 45. In Article 128, paragraph 2 shall be amended and shall read as follows: " (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 concerning 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 these. " 46. After Article 128, three new articles are introduced, Articles 128 ^ 1-128 ^ 3, with the following contents: "" 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. ... 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. ... 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 shall have the effect of returning the documents transmitted by the requesting state and the reacquisition by the respective state of the right of prosecution. " ... 47. Title V is amended and shall read as follows: "" TITLE V Recognition and enforcement of judgments, criminal orders and judicial acts in relation to third States CHAPTER I General provisions 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 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 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 report or forensic finding or other medical acts stating the physical and mental state of the convicted person, the treatment followed by this on the territory of the issuing state and any recommendations for the continuation treatment in Romania, as well as, in the case of the minor convict, the copy of the social survey; ... 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 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. ... CHAPTER II Recognition and enforcement of foreign court decisions 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 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 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 10 days after the pronouncement and shall be transmitted to the specialized department of the Ministry of Justice, in order to communicate 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 appeal court within 3 days, and the appeal is judged in 10 days, in the council chamber, without citing the convicted person. The prosecutor's presence is mandatory ... (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 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. ... SECTION 2 Recognition and enforcement of foreign court decisions, if the convicted person is in Romania 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 arrest reached the length of the prison sentence applied abroad; or ... 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 may declare appeal, within 10 days, the prosecutor, ex officio or at the request of the Minister of Justice, as well as 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 appeal court within 3 days, and the appeal is adjudicated in 10 days, in the council chamber, with the citation of the convicted person. The prosecutor's presence is mandatory ... 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. ... CHAPTER III Special recognition and enforcement procedures 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 person concerned. The case will be submitted to the appeal court within 3 days, and the appeal is judged within 10 days, in the council chamber, with the summoning of the parties. ... (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 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 person concerned. The case will be submitted to the appeal court within 3 days, and the appeal is judged within 10 days, in the council chamber, with the summoning of the parties. ... (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 ^ 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. ... CHAPTER IV Recognition and enforcement of judgments and other procedural acts issued by the Romanian judicial authorities SECTION 1 Transfer from Romania to other states of convicted persons, in execution, in detention, of sentences or custodial measures 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. ... 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. ... 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 ... SECTION 2 Recognition and enforcement, in the territory of other states, of judicial decisions and other procedural acts issued by the Romanian judicial authorities 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 ... 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. " 48. Title VI is amended and shall read as follows: "" 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 CHAPTER I General provisions 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 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 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 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 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 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 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 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 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. ... 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 SECTION 1 Common provisions 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 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 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. ... 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 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 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 an 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 appeal court within 3 days, and the appeal is judged in 10 days, in the council chamber, without citing the convicted person. The prosecutor's presence is mandatory ... (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 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 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 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 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). ... SECTION 3 Recognition and enforcement of judgments in other Member States of the European Union, where the convicted peso is located in Romania 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 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 (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 appeal court within 3 days, and the appeal is adjudicated in 10 days, in the council chamber, with the citation of the convicted person. The prosecutor's presence is mandatory ... (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 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 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 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. ... CHAPTER III Recognition and enforcement in other Member States of the European Union of the Romanian judgments by which custodial sentences were applied 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 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 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 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 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 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. ... 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 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 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. " ... 49. After Article 170, a new title is inserted, Title VI ^ 1, comprising Articles 170 ^ 1-170 ^ 44, with the following contents: " 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 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 SECTION 1 General provisions 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 ^ 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 ^ 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. ... SECTION 2 Supervision by the authorities of other EU Member States of compliance with the obligations established by the Romanian judicial bodies 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 ^ 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 ^ 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 ^ 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 ^ 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 ^ 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 ^ 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. ... SECTION 3 Supervision by the Romanian authorities of compliance with obligations established by other Member States of the European Union 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. ... 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 ^ 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. For the convicted person the term flows from the communication of the copy of the ordinance. The file shall be sent to the appeal court within 24 hours of the complaint being made. The issuing State shall be informed immediately of the complaint. ... (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 ^ 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 Surveillance has brought an injury to his legitimate interests. ... (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 part. The file is sent to the appeal court, within 24 hours of the appeal being declared. The issuing State shall be informed immediately of the appeal. ... ((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, with the citation of the parties, by a panel consisting of a single judge, on the basis of the material in the file the case and any documents submitted. The prosecutor's presence is mandatory When recognition has been ordered, the appeal shall not suspend the supervision of compliance with the obligations of the supervised person. In case of admission of the appeal 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 determine 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. ... 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 ^ 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). ... 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 SECTION 1 General provisions 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 ^ 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. ... 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 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. ... 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. ... 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: (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; 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: ... 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 ^ 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 ^ 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 ^ 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 ^ 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. ... (5) The court of appeal judges in a panel of a single judge. Provisions of paragraph ((1) shall apply accordingly. The appeal file will be submitted to the court within 3 days, and the appeal is resolved within 5 days, in the council chamber, with the summoning of the parties. 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. ... (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. ... 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). ... (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). (2) The term provided in par. ((1) may be exceeded by a maximum of 60 days if: ... (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 ^ 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 ^ 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 ^ 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. ... 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 ^ 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 ^ 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. ... 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. ... 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. ... 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 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 86 ^ 1 of the Criminal Code; (ii) freedom supervised on the basis of art. 103 of the Criminal Code; (iii) the suspension of the execution of the sentence under supervision or under control under Article 110 ^ 1 of the Criminal Code; (iv) conditional release of the minor, with the application of the provisions of art. 110 ^ 1 para. 4 of the Criminal Code; 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 period until the end of the test period established 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 test period; ... 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 ... 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. ... 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. ... 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 ... 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. ... 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. ... 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. ... 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. ... 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. ... 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. The following entries will be made in this register: the current number; the name and surname of the convicted person; the court of execution; the number and the date of the sentencing judgment; the date of transmission of the certificate and of the the executing State; information on the execution of probation measures in the executing State. '; ... 50. Article 176 is amended and shall read as follows: "" 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 the start of the criminal investigation provided by the Code of Criminal Procedure does not apply ... 51. In Article 178, paragraphs 5 and 11 shall be amended and shall read as follows: " (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. .......................................................................... (11) The statements of the accused or the 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. " ... 52. In Article 182, paragraphs 1 and 8 shall be amended and shall read as follows: " (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. .......................................................................... (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. ... 53. Article 185 is amended and shall read as follows: "" 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 tasks in the Member States of the European Union shall be carried out according to the procedure laid down by Government Decision no. 32/2011 on the appointment of the Office for the Prevention of Crime and Cooperation with the Debt Recovery Offices of the Member States of the European Union of the Ministry of Justice, as a national office for the recovery of claims in the field of tracking and identification of proceeds of crime or other property related to criminal offences. ... (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. " ... 54. Article 186 is amended and shall read as follows: "" 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 executed the request or the central authority, as the case may be, shall make a statement on the date of transmission of evidence or information. ... 55. In Article 233, paragraph 1 shall be amended and shall read as follows: " (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). " ... 56. Article 233 (2) shall be repealed. 57. Article 234 is amended and shall read as follows: "" 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. ' ... 58. After Article 234, a new article is inserted, Article 234 ^ 1, with the following contents: " 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. ' ... 59. In Article 235, paragraphs 1 and 2 shall be amended and shall read as follows: " (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. (. 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. " ... 60. In Article 239, paragraph 2 shall be amended and shall read as follows: " (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. " 61. Article 241 (2), letter f) shall be amended and shall read as follows: "" f) according to the certificate set out in Annex no 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; " 62. In Article 248 (2), after letter b) a new letter, letter c) is inserted, with the following contents: "c) may be confiscated on the basis of the confiscation powers extended under the right of the issuing State." 63. In Article 249, paragraph 2 shall be amended and shall read as follows: "(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." 64. Article 262 (1), letter e) shall be amended and shall read as follows: "" e) the person was not personally present at the judgment of the case, unless, of 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; " 65. In Article 262 (1), after letter h) a new letter, letter i) is inserted, with the following contents: " i) the confiscation decision 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. " 66. After Article 270, a new article shall be inserted, Article 271, with the following contents: "" ARTICLE 271 Annexes no. 1-10 are an integral part of this law. " 67. The entry for transposition of the provisions of the Framework Decisions of the European Union shall be amended and shall read as follows: "" * 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 3. Council Framework Decision 2005 /214/JHA 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 L series no. 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 /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. ' 68. Annex no. 1, letter d) is amended and shall read as follows: "" d) Specify if the person was present in person at the trial as a result of which the judgment was delivered: 1. [] Yes, the person was present in person at the trial as a result of which the judgment was rendered. 2. [] No, the person was not present in person at the trial as a result of which the ruling was rendered. 3. If you have checked the box in section 4.2. 2, please confirm the existence of one of the following elements: 3.1a. [] the person was personally quoted at ... (day/month/year) and, therefore, informed of the date and place set for the trial following which the judgment was delivered and was informed that a judgment may be rendered if the not present at the trial; or 3.1b. [] the person was not personally quoted, but effectively received by other means an official briefing on the date and place set for the trial following which the judgment was delivered, in such a way that it was unequivocally established that the person concerned had knowledge of the established process and was informed of the fact that a judgment may be delivered if it does not appear at trial; or 3.2. [] having knowledge of the established process, he mandated a lawyer who was appointed either by the person concerned, or ex officio, to defend it at trial and was indeed defended by that lawyer at trial; or 3.3. [] the person was personally handed the judgment at ... (day/month/year) and was expressly informed of the right to the retrial of the case or an appeal, within which he has the right to be present and who allows that the factual situation of the the case, including the new evidence, 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 has not requested the retrial of the case or the promotion of a attack within the appropriate 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-the moment he is handed the judgment, the person will be expressly informed of the right to retrial the cause or an appeal within which he is entitled to be present and which allows the factual situation of the case, including new evidence, to be re-examined and which may lead to the abolition of the original judgment; and-the person will be informed of the time frame in which they must request retrial the cause or promote an appeal, which is ... days. 4. If you have checked the box in section 4.2. 3.1b, 3.2 or 3.3, please provide information on how the relevant condition has been met: ' 69. Annex no. 3 letter h), point 3 is amended and shall read as follows: "" 3. Specify if the person concerned was present in person at the trial as a result of which the judgment was delivered: 1. [] Yes, the person was present in person at the trial as a result of which the judgment was rendered. 2. [] No, the person was not present in person at the trial as a result of which the ruling was rendered. 3. If you have checked the box in section 4.2. 2, please confirm the existence of one of the following elements: 3.1a. [] the person was personally quoted at ... (day/month/year) and, therefore, informed of the date and place set for the trial following which the judgment was delivered and was informed that a judgment may be rendered if the not present at the trial; or 3.1b. [] the person was not personally quoted, but effectively received by other means an official briefing on the date and place set for the trial following which the ruling was handed down, in such a way that it was unequivocally established that the had knowledge of the established process and was informed of the fact that a judgment may be delivered if it does not appear at trial; or 3.2. [] having knowledge of the established process, he mandated a lawyer who was appointed either by the person concerned, or ex officio, to defend it at trial and was indeed defended by that lawyer at trial; or 3.3. [] the person was personally handed the judgment at ... (day/month/year) and was expressly informed of the right to the retrial of the case or an appeal, within which he has the right to be present and who allows that the factual situation of the the case, including the new evidence, be re-examined and which may lead to the abolition of the original judgment; and the person expressly indicated that he does not dispute that judgment; or [] the person has not requested the retrial of the case or the promotion of a attack within the appropriate time frame; or 3.4. [] the person, having been expressly informed of the proceedings and the possibility to appear in person at trial, expressly stated that he was waiving the right to a hearing and expressly indicated that he did not contest the case. 4. If you have checked the box in section 4.2. 3.1b, 3.2, 3.3 or 3.4, please provide information on how the relevant condition has been met: ' 70. Annex no. 4, letter j) is amended and shall read as follows: " j) Procedures which led to the confiscation ruling 1. [] Yes, the person was present in person at the trial following which the confiscation order was issued. 2. [] No, the person was not present in person at the trial following 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 elements: 3.1a. [] the person was personally quoted at ... (day/month/year) and therefore informed of the date and place set for the trial following which the confiscation order was issued and was informed that a decision may be rendered in the case. which does not appear at trial; or 3.1b. [] the person was not personally quoted, but effectively received, by 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 was aware of the established process and has been informed that a decision may be made if he does not appear at the trial; or 3.2. [] having knowledge of the established process, he mandated a lawyer who was appointed either by the person concerned, or ex officio, to defend it at trial and was indeed defended by that lawyer at trial; or 3.3. [] the person was personally handed the confiscation decision at ... (day/month/year) and was expressly informed of the right to retrial the case or an appeal, within which he has the right to be present and who allows that he or she be present. the factual situation of the case, including the new evidence, to be re-examined and which may lead to the abolition of the original decision; and the person expressly stated that he does not contest the judgment; or [] the person did not request a retrial or promotion an attack path within the appropriate time frame. 4. If you have checked the box in section 4.2. 3.1b, 3.2 or 3.3, please provide information on how the relevant condition has been met: ' 71. After Annex no. 4 new Annexes, Annexes no. 5-10, having the contents set out in Annexes no. 1 1-6 to the present law. + Article II On the date of entry into force Law no. 286/2009 on the Criminal Code, with subsequent amendments and completions, and Law no. 135/2010 on the Code of Criminal Procedure, with subsequent amendments and completions, Law no. 302/2004 on international judicial cooperation in criminal matters, republished in the Official Gazette of Romania, Part I, no. 377 of 31 May 2011, as amended and supplemented by this Law, shall be amended as follows: 1. In Article 5 (3), letter b) shall read as follows: "" b) may contribute to improving the situation of the suspect, the defendant or his convict of his social reintegration; ' 2. In Article 8 (1), letter b) shall read as follows: " b) the sentence imposed in the case, by a final judgment of conviction, was carried out or formed the subject of a pardon or amnesty, in its entirety or on the unexecuted party or if the application of the sentence or postponing the application of the sentence and the deadline 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. " 3. Article 15 shall read as follows: "" 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 ... 4. Article 18 shall read as follows: "" 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. '; 5. In Article 19 (1), the letter d) shall read as follows: " 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. " 6. In Article 23, paragraph 2 shall read as follows: " (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 shall decide on the same conditions as for any offence of a serious nature provided for and punished by the Romanian law. " 7. In Article 24, paragraph 1 shall read as follows: "" (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. " 8. Article 28 shall read as follows: "" 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 26 and there are no other legal impediments to extradition. " 9. Article 32 shall read as follows: "" 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. " ... 10. In Article 42, paragraph 3 shall read as follows: " (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 53. " 11. In Article 43, paragraphs 5 and 9 shall read as follows: " (5) In the course of the settlement 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. .......................................................................... (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 by which the measure was ordered to be taken or maintained shall not be suspended. " ... 12. In Article 52, paragraphs 8 and 9 shall read as follows: " (8) The judgment 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 (9) The appeal filed against the judgment by which the extradition request was rejected shall be suspended. The appeal filed against the decision ordering the extradition shall be suspended for execution, except for the provisions relating to the state of provisional arrest for extradition. " ... 13. Article 53 shall read as follows: "" 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 extradition is communicated to the prosecutor general of the prosecutor's office of the court of appeal who tried the case in the first instance and to the specialized department of the Ministry of Justice. " ... 14. In Article 66, paragraph 5 shall read as follows: " (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. " 15. In Article 88, paragraphs 3 and 4 shall read as follows: " (3) The European arrest warrant is 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. ... (. 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. " ... 16. In Article 98 (2), letter h) shall read as follows: " h) when a Romanian judicial authority has decided either to waive the prosecution or to classify for the offence on which the European arrest warrant is based or has delivered, to the requested person, a final judgment, on the same facts, which prevent future proceedings; ' 17. In Article 99, paragraphs 3 and 6 shall read as follows: " (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. .......................................................................... (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. " ... 18. In Article 102, paragraph 3 shall read as follows: " (3) For the record of the court's work, the Register on arrest and surrender on the basis of European arrest warrants shall be drawn up and preserved. 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. " 19. In Article 103, paragraph 11 shall read as follows: " (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. " 20. Article 108 shall read as follows: "" 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 higher hierarchical court within 24 hours. " ... 21. Article 109 shall read as follows: "" ARTICLE 109 Dispute resolution The appeal declared under the conditions provided in art. 108 shall be dealt with in particular, no later than 3 days after the registration of the case. " 22. In Article 125, paragraph 3 shall read as follows: " (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. " 23. In Article 128, paragraph 5 shall read as follows: " (5) Once vested with a request for a takeover of the judgment, the competent court of appeal shall have a reasoned conclusion on the admissibility of the application. The conclusion shall be submitted to the appeal within 5 days of delivery. " 24. In Article 129, paragraph 2 shall read as follows: " (2) However, the provisions of par. ((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. " ... 25. In Article 132, letter h) shall read as follows: "" h) if applicable, any expertise, report or other medical acts attesting to the physical and mental state of the convicted person, the treatment followed by him in the territory of the issuing State and any recommendations for further treatment in Romania, as well as, in the case of the minor convict, the copy of the social investigation reference; " 26. In Article 135, paragraph 11 shall read as follows: " (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 presence of the prosecutor is mandatory 27. In Article 137 (6), letter b) shall read as follows: "" b) where, 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 " 28. In Article 137, paragraph 8 shall read as follows: " (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 presence of the prosecutor is mandatory 29. In Article 139, paragraph 3 shall read as follows: " (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 file will be submitted to the court of appeal within 3 days, and the appeal shall be adjudicated within 10 days. " 30. In Article 140, paragraph 5 shall read as follows: " (5) The court judges in complete form of a single judge, in the council chamber, with the summoning 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 file will be submitted to the court of appeal within 3 days, and the appeal shall be adjudicated within 10 days. " 31. In Article 154, paragraph 11 shall read as follows: " (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 presence of the prosecutor is mandatory 32. In Article 160, paragraph 7 shall read as follows: " (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 presence of the prosecutor is mandatory 33. In Article 170 ^ 13, paragraph 4 shall read as follows: " (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. " 34. In Article 170 ^ 14, paragraphs (4) to (6) shall read as follows: " (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. (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. ... ((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 court and the specialized department of the Ministry of Justice. " ... 35. In Article 170 ^ 25, paragraphs 4 and 5 shall read as follows: " (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. (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. " ... 36. In Article 170 ^ 35 (1), letters a) and g) shall read as follows: " a) by the court order 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; .......................................................................... 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 frame until the end of the surveillance period; " ... 37. In Article 170 ^ 44, paragraph (2) shall read as follows: " (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. " 38. Article 172 shall read as follows: "" 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. " ... 39. In Article 174 (1), the letter a) shall read as follows: " 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; " 40. In Article 178, paragraphs 9 and 11 shall read as follows: " (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. .......................................................................... (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. " ... 41. Article 181 shall read as follows: "" 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 shall determine the concrete modalities of the investigation and the legal status of the agents. " ... 42. In Article 183, paragraph 5 shall read as follows: " (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. " ... 43. In Article 188, paragraphs 2 and 3 shall read as follows: " (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. (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. " ... 44. Article 189 shall read as follows: "" 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 residence of the latter and shall be granted at levels at least equal to those provided for by the tariffs and regulations in force in the State in which the hearing must take place. " 45. In Article 193, paragraph 4 shall read as follows: " (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. " 46. In Article 206 (2), the letter a) shall read as follows: " a) the Romanian and the state legislation requested to provide for the act which 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; ' 47. In Article 223, paragraph 1 shall read as follows: " (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. " 48. Article 228 shall read as follows: "" 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. " ... 49. Article 244 shall read as follows: "" 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 III Applications pending on the date of entry into force of the provisions of art. I remain to be resolved by the competent courts, according to the law in force on the date of their referral. In case of admission of the appeal, if the abolition is ordered or, as the case may be, the casing of the judgment and the retrial of the case, it will be judged by the competent court according to this law Transfer under escort of persons convicted in the Member States of the European Union to which, on the date of entry into force of the provisions of art. I, the claims are pending settlement times have been issued warrants execution of prison sentence is done according to art. 131 131 para. ((4) of Law no. 302/2004 , republished, with the amendments and completions brought by art. I. + Article IV Art. I and III shall enter into force 15 days after the publication in the Official Gazette of Romania, Part I, and the provisions art. II, on the date of entry into force of Law no. 286/2009 on the Criminal Code, with subsequent amendments and completions, and Law no. 135/2010 on the Code of Criminal Procedure, with subsequent amendments and completions. + Article V Law no. 302/2004 on international judicial cooperation in criminal matters, republished in the Official Gazette of Romania, Part I, no. 377 of 31 May 2011, as amended and supplemented by this Law, shall be published in the Official Gazette of Romania, Part I, after the entry into force of the Law no. 286/2009 on the Criminal Code, with subsequent amendments and completions, and Law no. 135/2010 on the Code of Criminal Procedure, with subsequent amendments and completions, giving the texts a new numbering. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALERIU-STEFAN ZGONEA SENATE PRESIDENT GEORGE-CRIN LAURENȚIU ANTONESCU Bucharest, November 15, 2013. No. 300. + Annex 1 ------- ((Annex no. 5 5 to Law no. 302/2004 ) ----------------------------------- CERTIFICATE (1) a) * The issuing state: * State of execution: b) The court that delivered the final judgment on conviction The official name: The judgment was handed down to (mentioned 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 which may be contacted in case of any questions concerning certificate 1. Type of authority: Please check the appropriate box: [] Central authority: [] Instance: [] Other authority: 2. Contact details of the authority indicated in lit. c) Official name: Address: tel. (prefix of the country) (prefix of the region/city): Fax (prefix of the country) (prefix of the region/city): E-mail address (if available): 3. Languages in which it is possible to communicate with the authority: 4. Contact details of the person/persons to be contacted in order to obtain additional information in order to execute the court decision or to obtain an agreement on the transfer procedures (name, title/grade, no. tel., no. fax, e-mail address), if it differs from those in item 2: d) Information on the person on whom the conviction was pronounced Name: First name: (1) This certificate must be written or translated into 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 name, 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 person (s) understand (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 applicable: 1. The photo and fingerprints of the person and/or contact details of the person to be contacted in order to obtain the respective information: 2. identity card or passport of the convicted person: 3. Type and residence permit number of the convicted person: 4. Other relevant information regarding the family of the convicted person and the social or professional ties with the executing State: e) Preventive arrest request made by the issuing state (if the convicted person is in the state of execution) The issuing State requires the executing State to arrest the convicted person or to take any other measures to ensure that the convicted person remains on its territory until the judgment on recognition and enforcement of the punishment. The issuing State has already requested the executing State to arrest the convicted person or to take any other measures to ensure that the convicted person remains on its territory until the judgment on recognition and execution of the sentence is rendered. Please specify the name of the authority of the issuing State that made the decision on the person's arrest request (if applicable and if the information is available): f) The link to a European Arrest Warrant (MEA) previously issued Was issued a European arrest warrant for the purpose of the execution of a sentence or a custodial measure and the executing Member State undertakes to carry out the sentence or the custodial measure (Art. 4 4 para. ((6) of the EAW Framework Decision). Date of issue MEA and registration number, if applicable: Name of the authority that issued the MEA: Date of the sentence execution decision and registration number, if applicable: Name of the authority that issued the decision to execute the sentence: Was issued an MEA for the purpose of tracing a person who is a national or resident of the executing State, and the executing State has handed over that person on condition that the person is returned to the executing State to serve the sentence or the custodial measure applied to it in the issuing Member State (Art. 5 5 para. ((3) of the EAW Framework Decision). Date of the person's surrender decision: 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 judgment and the certificate (if you have completed the letter. f), it is not necessary to complete this heading]: The court decision and the certificate are transmitted to the state of execution because the issuing authority finds that the execution of the sentence by the executing State would serve the purpose of facilitating social rehabilitation of convicted persons and: a) the executing State is the state of nationality of the convicted person in which it lives b) the executing State is the state of citizenship of the convicted person in which the convicted person will be expelled as soon as he is cleared of execution the sentence pursuant to an expulsion or deportation order included in the court decision or in a judicial or administrative decision or in any other measure taken as a result of that judgment. If the expulsion or deportation order is not included in the court order, please specify the name of the authority that issued the order, date of issue and registration number, if available c) the executing State is a state, other than that mentioned in lit. a) b), whose competent authority agrees with the transmission of the court decision and the certificate to the respective state d) the executing state has sent a notification according to art. 4 4 para. ((7) of the Framework Decision and: it is confirmed that, after the knowledge of the competent authority of the issuing State, the convicted person lives and has been legally resident for a period of at least 5 years in the executing State and will retain the right of permanent residence in that State or it is confirmed that the convicted person is a national of the executing State. h) Sentencing judgment 1. The ruling refers, in total, to ..... crimes. Summary of facts and a description of the circumstances in which the offence (s) was committed (s), including the date, time and place as well as the nature of the convicted person's involvement: Nature and legal classification of the offence (offences), as well as the applicable legal provisions on the basis of which the court decision was ruled: 2. To the extent that the offence (s) identified (identified in lett. 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 punishable in the issuing State with a penalty or a custodial measure whose maximum duration is for at least 3 years, please confirm by ticking the appropriate box (s): [] participation in an organised 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 financial interests of the European Communities, within the meaning of the Convention on the Protection of the Financial Interests of the European Communities of 26 July 1995; falsification, including the counterfeiting of the euro; [] facts related to cybercrime; [] environmental crimes, including the illicit trafficking of endangered animal species and the illicit trafficking of plant species and varieties on endangered; [] facilitation of illegal entry and stay; [] murder and injury grievous bodily; [] illicit trafficking of human organs and tissues; [] abduction, deprivation of liberty unlawfully and hostage-taking; [] racism and xenophobia; [] organized or armed theft; [] illicit trafficking of cultural property, including antiques and operas of art; [] deception; [] 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 factors of increase; [] illicit trafficking of nuclear and radioactive materials; [] trafficking of stolen vehicles; [] rape; [] arson with intent; [] crimes pertaining to the jurisdiction of the International Criminal Court; [] illegal sequestration of ships and aircraft; [] sabotage 3. To the extent that the offence (s) indicated in section 1 1 is not (are) covered (covered) by item 2 or if the judgment and the certificate are transmitted to the Member State, which has declared that it will verify the double criminalisation of the 7 7 para. ((4) of the Framework Decision], please describe at length the offence (s) concerned: i) The stage of the sentencing judgment 1. Specify if the person was present in person at the trial as a result of which the judgment was delivered: 1. [] Yes, the person was present in person at the trial as a result of which the judgment was delivered. 2. [] No, the person was not present in person at the trial as a result of which the ruling was rendered. 3. If you have checked the box in section 4.2. 2 2 above, please confirm the existence of one of the following elements: [] 3.1a. the person was personally quoted on ........ (day/month/year) and, therefore, informed of the date and place set for the trial following which the judgment was delivered and was informed that a judgment may be rendered in the case of which does not appear at trial; or [] 3.1b. the person was not personally quoted, but effectively received by 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 process and has been informed of the fact that a judgment may be rendered if it does not appear at trial; or [] 3.2. having knowledge of the established process, has mandated a lawyer who has been appointed either by the person in the case, whether ex officio, to defend it at trial and was indeed defended by that lawyer at trial; or [[] 3.3. the person was personally handed the decision at ........ (day/month/year) and was expressly informed of the right to retrial the case or an appeal, within which he has the right to be present and who allows the situation to be present. in fact of the case, including the new evidence, to be re-examined and which may lead to the abolition of the original decision; and the person expressly stated that he does not contest this judgment; or [] the person did not request a retrial or promotion an attack path within the appropriate time frame. 4. If you have checked the box in section 4.2. 3.1b, 3.2 or 3.3, please provide information on how the relevant condition has been met: 2. Detail duration details: 2.1. Total duration of the sentence (in days): 2.2. The total period of the custodial sentence already executed in relation to the punishment in relation to which the court decision was issued (in days): ....... on (...) (specify the date on which the calculation was made: 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 (a) 2.2 (for example, amnesties, pardons or clemency measures, etc., already granted in connection with the punishment): ......., on the date of (...) (specify the date on which the calculation was made: zz-ll-aaaa): 2.4. The expiry date of the sentence in the issuing state: does not apply, because the person is not currently detained; the person is currently detained and the punishment, according to the domestic law of the issuing state, will have been fully executed up to (specify the date: zz-ll-aaaa) (1): 3. Type of sentence: custodial sentence; custodial measure (please specify): j) Information on release before term or conditional 1. Under the domestic law of the issuing State, the convicted person has the right to be released before his term of office, after execution: half of the sentence; of two thirds of the sentence; of another sentence of punishment (please specify): 2. The competent authority of the issuing State shall request to be informed of: the applicable provisions of the national law of the executing State concerning the prior term or conditional release of the convicted person; the beginning and end of the period of release before or after time. k) Opinion of convicted person 1. The convicted person could not be heard because they are already in the executing state. 2. The convicted person is in the issuing state and: a) requested the transmission of the court decision and the certificate agreed to the transmission of the court decision and the certificate did not agree to the transmission of the judgment court and certificate (specify the reasons invoked 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 to (specify the date: zz-ll-aaaa): l) Other information relevant to the case (optional information) m) Final information The text of the judgment (s) is attached to certificate (2). Signature of the authority issuing the certificate and/or its representative certifying the Name: Owned 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 2 ------- ((Annex no. 6 6 to Law no. 302/2004 ) ----------------------------------- NOTIFICATION OF CONVICTED PERSON It is hereby brought to your attention the decision ............................ (competent authority of the issuing State) to transmit the judgment .................................... (competent court of the issuing State) dated ....... (date court decision) ................ (registration number; if applicable) to .................. (executing State) for the purposes of its recognition and enforcement of the sentence imposed by that judgment, in accordance with national law implementing Council Framework Decision 2008 /909/JHA 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. The execution of the sentence will be governed by law ................. (executing state). The authorities of that State will have the power to decide on the enforcement procedures and to order all the related measures, including the reasons for release before the deadline or conditional. The competent authority of the ....... (executing State) must deduct the total period of the custodial sentence already executed in relation to the sentence of the total length of the custodial sentence to be executed. The sanction may be adapted by the competent authority of ................ (the executing State) only if it is incompatible, by its nature or duration, with the legislation of that State. be tougher than the sentence imposed in ...................... (the issuing State). + Annex 3 ------- ((Annex no. 7 7 to Law no. 302/2004 ) ----------------------------------- CERTIFICATE (a) The issuing State: The executing State: (b) The authority that issued the decision on judicial oversight measures Official name: Please specify whether the additional information on the decision on judicial surveillance measures they will be obtained by means of: [] the above-mentioned authority [] to the central authority; if you have checked this box, please specify the official name of that central authority: [] to another competent authority; which you have checked this box, please specify the official name of that box Authorities: Contact details of the issuing authority/central authority/other competent authority Address: No. (prefix of the country) (prefix of the region/locality): fax number (prefix of the country) (prefix of the region/locality): Data of the person (s) of contact: Name: First name: Function (titlu/grade): No. (prefix of the country) (prefix of the 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 with respect to which the decision on judicial supervision measures was issued Name: First name: Name before marriage, as applicable: Name of loan, as applicable: Sex: Nationality: Personal numerical code or Social security number (if any): Date of birth: Place of birth: Addresses/residences:-in the issuing state:-in the executing State:-elsewhere: The language (s) it understands (if known/are known): Please provide the following information, if they are available:- the type and number of the person's identity document (s) (identity card, passport): -type and number of the person's residence permit in the executing State: (e) Information on the Member State to which the decision on judicial surveillance measures is transmitted together with the certificate Decision on surveillance measures judicial together with the certificate are transmitted to the executing State indicated in lett. (a) for the following reason: [] the person concerned has his usual legal residence in the executing State and, being made aware of the measures concerning him, consents to return to that State [] the person concerned requests the decision to be made on judicial supervision measures to a Member State other than that in which it is legally and habitually resident for the following reason (s): (f) issued on (date: ZZ-LL-YYYY): Decision has become enforceable on (date: ZZ-LL-YYYY): If, at the timing of the transmission of the certificate, a remedy was introduced against the decision on judicial surveillance measures, please 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 measure (s) of judicial supervision: 1. The duration on which the decision on judicial supervision measures applies and whether a renewal of that decision is possible (as applicable): ...... 2. Duration provisional for which monitoring of judicial surveillance measures is likely to be necessary, taking into account all the circumstances of the case which are known at the time of transmission of the decision on judicial surveillance measures (information by way of indication): ............. 3. The nature of the measure (s) of judicial supervision (it is possible to tick several boxes): [] 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 subpoenas for participation in a hearing or a trial during criminal proceedings; [] the obligation not to enter certain localities, places or defined areas of the issuing State or the executing State; [] the obligation to remain in a particular place, where appropriate, in certain intervals; [] the obligation to restrict the leaving of the territory the executing State; [] the obligation to appear on data established before a given authority; [] the obligation to avoid contact with certain persons in connection with the alleged offence (s) of the alleged (alleged) offence (committed); [] other measures that the executing State is prepared to supervise, in accordance with a notification made pursuant to art. 8 8 para. ((2) of the Framework Decision: ................ If you have checked the "other measures" box, please specify the measure (s) concerned by ticking the corresponding box (s): [] the obligation not to engage in certain activities in relation to the offence. (offences) alleged (alleged) to have been committed (committed), which may include involvement in a particular profession or in an area of activity; [] an obligation not to drive a vehicle; [] an obligation to submit a certain amount or to provide another type of guarantee, which can be provided either in a certain number of installments or a single date; [] the obligation to undergo a medical or rehab treatment; [] the obligation to avoid contact with certain objects in connection with the alleged offence (s) (alleged) to have been committed (committed); [] other measures (please specify): .................. 4. Please provide a detailed description of the measure (s) of judicial supervision specified in section 6.6. 3 3: (h) Other circumstances relevant to the case, including specific reasons for imposing the measure (s) of judicial supervision (optional information): The text of the decision is attached to the certificate. Signature of the authority issuing the certificate and/or signature of its representative to confirm the accuracy of the content of the certificate: Name: Function (title/grade): Date: Reference file (if any): Official stamp (as applicable): + Annex 4 ------- ((Annex no. 8 8 to Law no. 302/2004 ) ----------------------------------- Reporting of violation of a judicial oversight measure and/or other findings that could lead to the adoption of any further subsequent decisions (a) Data on the identity of the person subject to supervision Name: First Name: Name before marriage, as the case may be: Name of the loan, as the case may be: Sex: Nationality: Personal numerical code or social insurance number (if any): Date of birth: Place of birth: Address: Language (s) he understands (if known/are b) Data relating to the decision on the measure (s) of supervision
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 5 ------- ((Annex no. 9 9 to Law no. 302/2004 ) ----------------------------------- CERTIFICATED* 1) a) State of conviction: State of execution: b) The court which rendered the judgment by which a suspension of the execution of the sentence applies, a postponement of the application of the sentence or an alternative sanction Official name: Please state whether further information on the judgment the court may be obtained by means of: [] the above-mentioned court; [] to the central authority; if you have checked this box, please specify the name of that central authority: [] to another competent authority; the case in which you checked this box, please specify the official name of the Address: Contact details of the court/central authority/other competent authority Address: No. (prefix of the country) (prefix of the region/locality): Fax (prefix of the country) (prefix of the region/locality): Data of the person (s) of contact Name: First name: Function (titlu/grade): No. (prefix of the country) (prefix of the 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 state if the additional information on the probation decision can be obtained through: [] the above-mentioned authority; [] the central authority; if you have checked this box, please specify the official name of that central authority, if this information is not already provided for in lett. b): [] to another 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 competent authority, in the case of in which this information is not already provided for in lett. b) Address: tel. (prefix of the country) (prefix of the region/locality): Fax (prefix of the country) (prefix of the region/locality): Data of the person (s) of contact Name: First name: Function (titlu/grade): No. (prefix of the country) (prefix of the region/locality): Fax (prefix of the country) (prefix of the region/locality): E-mail (if any): Languages that can be used for communication: d) probation or alternative sanctions The authority of the competent sentencing state for the supervision of probation measures or alternative sanctions: [] instanta/the authority referred to in lett. b) the authority referred to in (a) c); [] other authority (please specify its official name): Please indicate the authority to be contacted to obtain further information for the purpose of supervision of probation measures or sanctions. alternative: [] the above-mentioned authority; [] the central authority; if you have checked this box, please specify the official name of that central authority, if this information is not already provided for in lit. b) or c): Contact details of the authority or of the central authority, if this information is not already provided for in lett. b) or c) Address: tel. (prefix of the country) (prefix of the region/locality): fax number (prefix of the country) (prefix of the region/locality): Data of the person (s) of contact: Name: First name: Function (titlu/grade): No. (prefix of the country) (prefix of the 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 with regard to which the court decision was delivered and, if applicable, the decision of probation Name: First name: Name before marriage, as the case may be: Alias, as the case may be: Sex: Nationality: Code Personal numeric or social security number (if any): Date of birth: Place of birth: Last known addresses/residences (if any):-in the state of conviction:-in the executing State: -in another state: The language (s) it understands (if the information is available): Please provide the following information, if they are available:-The type and number of the identity document (s) of the convicted person (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 court decision is transmitted and, if applicable, the decision of probation together with the certificate of the judgment and, where applicable, the decision of probation together with the certificate shall be transmitted the executing State indicated in lett. a) for the following reason: [] the convicted person has his usual legal residence in the executing State and has returned or intends to return to that state; [] the convicted person has moved or intends to move to the executing State from the following reason (s) (please check the appropriate box): [] the convicted person has been offered an employment contract in the executing State; [] the convicted person is one of the family members of a regular legal resident of the executing State; [] the convicted person has the intention to pursue studies or training professional on the territory of the executing State; [] other reasons (please specify them): g) Specifications on the court decision and, as the case may be, the decision of probation The court decision was handed down to (date: ZZ-LL-AAAA): If it is the case, the probation decision was issued on (date: ZZ-LL-AAAA): The court ruling became final on (date: ZZ-LL-AAAA): If applicable, the probation decision has become final on (date: ZZ-LL-AAAA): The execution of the judgment has commenced to (if this date is different from the date on which the court ruling became final) (date: ZZ-LL-AAAA): If applicable, the execution of the probation decision has commenced to (in case which this date is different from the date on which the judgment became final) (date: ZZ-LL-YYYY): The number of the file in which the judgment was delivered (if available): If applicable, the number of the file in which the probation decision has been rendered (if available): 1. The court ruling concerns a total number of: ... crimes. Summary of facts and description of the circumstances in which the offence (s) was committed, including the date and place of the offence and the nature of the conviction of the convicted person: Nature and legal characterisation of the offence (s) and the applicable legal provisions, on the basis of which the judgment was delivered: 2. If the offence (s) referred to in point (a) 1 constitutes one or more of the following crimes, as defined in the state of sentencing law, which are punishable in the state of conviction by a prison sentence or by a custodial measure of duration. maximum of 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; [] trafficking illicit narcotic substances and psychotropic substances; [] illicit trafficking of weapons, ammunition and explosives; [] corruption; [] fraud, including that against the financial interests of the European Communities within the meaning of the Convention of 26 July 1995 on the protection of the financial interests of the European Communities; committing crimes; [] counterfeiting money, including counterfeiting the euro; [] cybercrime; [] environmental crimes, including illicit trafficking of endangered animal species and trafficking of species and plant varieties by way of of disappearance; [] facilitation of illegal entry and stay; [] homicide, injury serious bodily; [] illicit trafficking of human organs and tissues; [] abduction, deprivation of liberty illegally and hostage-taking; [] racism and xenophobia; [] organized or armed robberies; [] illicit trafficking of cultural goods, including antiques and works of art; [[] deception; [] embezzlement; [] counterfeiting of products and piracy; [] falsification of administrative documents and use of forgery; [] falsification of means of payment; [] illicit trafficking of hormonal substances and other growth factors; [] illicit trafficking of nuclear or radioactive materials; [] trafficking of stolen vehicles; [] rape; [] voluntary arson; [] crimes of jurisdiction of the International Criminal Court; [] unlawful seizure of aircraft/vessels; [] sabotage. 3. To the extent that the offence (s) identified (identifi-cate) in section 1 is not listed in section 6.6. 2 or if the judgment and, as the case may be, the decision of probation, as well as the certificate are transmitted to a Member State, which has declared that it will verify the double criminalization of 10 10 para. (4) of the Framework Decision], please describe at length the infraction (s) concerned: h) Information relating to the judgment procedure Specified if the person was personally present at the trial of the case: [] Yes, the person was present Personally. [] No, the person was not present. 3. If you have checked the box in section 4.2. 2, please confirm the existence of one of the following elements: [] 3.1a. the person has been personally summoned to .... (day/month/year) and therefore informed of the date and place set for the trial following which the judgment was delivered and has been informed that a judgment may be rendered if not present at the trial; or [] 3.1b. the person was not personally quoted, but effectively received by other means an official briefing on the date and place set for the trial following which the judgment was delivered, in such a way that it was unequivocally established that he had knowledge of the process and was infor-mata as to the fact that a judgment may be rendered if it does not present itself at trial; or [] 3.2. having knowledge of the process, mandated a lawyer who was appointed either by the person concerned or ex officio to defend her at trial and was indeed defended by that lawyer at trial; or [] 3.3. the person was personally handed the judgment at ... (day/month/year) and was expressly informed of the right to a retrial of the case or an appeal, within which he has the right to be present and who allows that the factual situation of the case, including the new evidence, be re-examined and the person expressly stated that he does not dispute this decision; or [] the person has not requested the retrial of the case or the promotion of an appeal within the appropriate time frame. 4. If you have checked the box in section 4.2. 3.1b, 3.2 or 3.3 above, please provide information on how the relevant con-dition has been met: i) Specifications on the nature of the sanction applied by the judgment of the judgment-reasca or, as the case may be, by the decision of probation 1. This certificate refers to a: [] Suspension of the execution of the sentence [] Deferred application of the sentence: [] the application of a sentence has been deferred conditionally, by imposing one or more probation measures; [] one or more measures of probation were imposed instead of a prison sentence or a custodial measure. [] Alternative sanction and: [] the court ruling provides for a prison sentence or another custodial measure to be executed in case of non-res-pectation of the obligation (s) or instruction (s) [] the court decision does not provide for a prison sentence or a custodial measure to be executed in case of failure to comply with the obligation (s) or instruction (s). [[] Conditional release 2. Additional information 2.1. The convicted person was in detention prior to the conviction in the following period: 2.2. The person executed a prison sentence/custodial measure during the next period (to be completed only in the case of conditional release): 2.3. In the case of a suspended sentence:-the duration of the period of deprivation of liberty the execution of which was suspended:-the duration of the suspension period: 2.4. If the information is available, the duration of the deprivation of liberty to be executed in the following situations:-revocation of the suspension of the execution of the sentence;-revocation of the decision on conditional release; or-violation of the sanction alternative (if the judgment of judgment-reasca provides for a prison sentence or another custodial measure to be executed in the event of such a breach): j) Specifications on the duration and nature of the measure (s) of probation or alternative sanction (s) 1. The total duration of the supervision of the alternative measure (s) or the alternative sanction (s): 2. If applicable, the duration of each individual obligation imposed under the probation measure (s) or sanction (sanctions) alternative: 3. Duration of the entire term of supervision (if different from the duration indicated in section 4.2). 1 1): 4. The nature of the measure (s) of probation or alternative sanction (s) (it is possible to tick several boxes): [] the obligation of the convicted person to inform a certain authority of any change of residence or of the place work; [] the obligation not to enter certain localities, places or areas defined in the state of conviction or enforcement; [] the obligation containing limitations in terms of leaving the territory of the executing State; [] behaviour, residence, education and training, leisure activities or containing the modalities of carrying out a professional activity or limitations in this respect; [] the obligation to appear on data set out in the face of certain self-rity; [] the obligation to avoid contact with certain persons; [] the obligation to avoid contact with certain objects, which have been used or are likely to be used by the convicted person for the purpose of committing a criminal act; [] obligation to financially repair the damage caused by the offence and/or the obligation to provide proof of the fulfilment of that obligation; community service; [] an obligation to cooperate with a supervisory agent (probation counsellor) or a representative of a social service who has responsibility-lithed with respect to convicted persons; [] an obligation to follow a 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 the Framework Decision. 5. Please provide a detailed description of the pro-bation measure (s) or the alternative sanction (s) referred to in point (a). 4 4: 6. Please check the following box if reports of the convicted person are available: [] If you have checked this box, please indicate in which language the reports in question have been redacted: k) Other circumstances relevant to the case, including relevant information on previous convictions or specific reasons that led to the imposition of (some) probation measures or (some) alternative sanctions (information) optional): The text of the court decision and, where applicable, the text of the probation decision are attached to the certificate. Signature of the authority issuing the certificate and/or signature of its representative to confirm the accuracy of the content of the certificate: Name: Function (title/grade): Date: Number of the file (if any): Official stamp (after case): + Annex 6 ------- ((Annex no. 10 10 to Law no. 302/2004 ) ------------------------------------ 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 in the case of judgments and probation decisions for supervision probation measures and alternative sanctions Reporting of violation of a probation measure, an alterna-tive sanction or any other findings a) Details of the identity of the person subject to supervision Name: First name: Name before marriage, as the case may be: Alias, as the case may be: personal or number of social insurance (if any): Date of birth: Place of birth: Address: Language (s) which she (s) understands (if the information is available): b) Data on the court decision and, if applicable, the decision of probation relating to the suspension of the execution of the sentence, to the postponement of the application of the sentence, to the alternative sanction or to the conditional release to: The number of the file (if any): If applicable, the probation decision issued at: The number of the file (if any): The court that issued the court decision The official name: Address: If applicable, the authority that has issued decision of probation Official name: Address: Certificate issued on: Authority that issued the certificate: Number of the file (if any): c) Data on the authority responsible for the supervision of the probation measure (s) or the alternative sanction (s) Authority: Name of the contact person: Function (title/grade): Address: Tel. (prefix of the country) (prefix of the region): Fax (prefix of the country) (prefix of the region): E-mail: d) Measure (s) of probation or sanction (s) alternative (alternative): Person referred to in lett. a) violate the following obligation (s) or instruction (instructions): [] the obligation of the convicted person to inform a certain authority of any change of residence or employment; [] the obligation not to enter certain localities, places or areas defined from the state of conviction or the state of execution; [] obligation containing limitations in respect of leaving the territory of the executing State; [] provisions on behaviour, residence, education and training, acti-vities of the free time or containing the modalities of the a professional activity or limitations in this respect; [] the obligation to submit to the data established before a certain authority; [] an obligation to avoid contact with certain persons; [] the obligation to avoid contact with certain objects, which have been used or are likely to be used by the person convicted for the purposes of to commit a criminal act; [] the obligation to financially repair the damage caused by the offence and/or the obligation to provide proof of the fulfilment of this obligation; [] the obligation to provide community service; [] the obligation to cooperate with a supervisory agent (sample advisor) or a representative of the a social service that has responsa-bilities in respect of convicted persons; [] the obligation to undergo therapeutic or rehab treatment; [] other measures: e) Description of the violation (s) (place, date and specific circumstances): f) Other findings (if any) Description of findings: g) Data of the contact person where it is necessary to obtain additional information on breaching Name: First name: Address: tel. ((prefix of the country) (prefix of the region/locality): Fax (prefix of the country) (prefix of the region/locality): E-mail (if any): Signature of the authority issuing the form and/or signature of its representative to confirm correctness of the content of the form: Name: Function (title/grade): Date: Official stamp (as applicable): ------
