Law No. 300 From November 15, 2013 For The Modification And Completion Of The Law #. 302/2004 Relating To International Judicial Cooperation In Criminal Matters

Original Language Title:  LEGE nr. 300 din 15 noiembrie 2013 pentru modificarea şi completarea Legii nr. 302/2004 privind cooperarea judiciară internaţională în materie penală

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Law No. 300 from November 15, 2013 for the modification and completion of the law #. 302/2004 relating to international judicial cooperation in criminal matters the ISSUER published in PARLIAMENT OFFICIAL GAZETTE nr. 772 of 11 December 2013 the Romanian Parliament adopts this law.


Article I the law. 302/2004 relating to international judicial cooperation in criminal matters, republished in the Official Gazette of Romania, part I, no. 377 of 31 is amended and shall be completed as follows: 1. In article 2, subparagraphs e and k))-p) is amended and shall read as follows: "e) person-the person who tracked was tracking international;. ..

k) punishment-the death penalty commuted to life imprisonment or imprisonment times measure involving deprivation of liberty applied, through a court order or criminal, Ordinance as a result of criminal actions;
  

l) issuing State-the State in which it was rendered a judgment or order has been issued, where applicable;
  

m) State-run State which follows or has been forwarded to a court for the purposes of recognition and enforcement;
  

the condemned person) in străînătate-Romanian citizen, and a citizen of another EU Member State, person or foreigner who benefits in Romania of a right of permanent residence, convicted in another State;
  

a right of permanent residence) (i) the right of permanent residence in accordance with the provisions of Government Emergency Ordinance nr. 102/2005 on the free movement of Romanian territory nationals of Member States of the European Union, European Economic area and nationals of the Swiss Confederation, republished, with subsequent amendments and additions; or (them) right of long-term residence in accordance with the provisions of Government Emergency Ordinance nr. 194/2002 aliens in Romania, republished, with subsequent amendments and additions;

p) State in whose territory the person lives with state-it has strong ties on the basis of ordinary residence and other elements of the type family relationships, social, professional and cultural ".
  

2. Article 10 is amended and shall read as follows: "the Romanian Central Authorities ARTICLE 10 (1) of Competence for the performance of specific duties the Central Romanian authority in the field of judicial cooperation in criminal matters belongs to and is exercised by the Ministry of Justice: (a)), through the direction, if the requests relate to extradition, european arrest warrant, transfer of sentenced persons, the order of indisponibilizare, the order of seizure the recognition and enforcement of judgments and criminal acts, international rogatory, any other form of international judicial assistance that relates to the work of the Court or at the stage of execution of criminal judgments, and, regardless of the procedural phase, when appropriate, otherwise provided by this law or application is made pursuant to international comity or the Ministry of Justice is the single central authority designated according to international treaties to which Romania is a party;
  

b) the Public Ministry through specialized structures, when international rogatory or other forms of international judicial assistance refers to research and investigation;
  

c) Ministry of Internal Affairs, through the specialized structure, if it relates to the criminal record.
  

(2) in exercising the powers of the central authorities, and carry out the Romanian receiving regular control and transmit the requested State in order to execute the requests formulated by the Romanian authorities. At the same time, the Romanian central authorities receive regular inspection and, where appropriate, or transmitted to run competent authorities to enforce the claims brought by the authorities, foreign.
  

(3) applications are running or are forwarded to enforce, as appropriate, whenever they check regularly performed it appears that they satisfy the conditions as to form and Fund provided for in this law, the treaties to which Romania is a party, as well as, where appropriate, of arrangements set best practices in the times's relationship with the State called for applicant.
  

(4) In the case of applications made by Romanian authorities, transmit the application as a result of failure to comply with the conditions laid down in paragraph 1. (3) or, in the case of those transmitted for enforcement by the authorities of the requested State, failure, wrong or late fulfilment by the authorities of the requested State the activities requested by the Romanian authorities, the lack of response of the authorities of the requested State, and any objective circumstances not attributable to the Romanian central authorities and are not subject to the provisions of the criminal procedure code relating to the fine.
  

(5) in relation to the Member States of the European Union, the provisions of paragraphs 1 and 2. (2) only apply if not contrary to specific provisions of this law or any other law. "
  

3. In article 14, paragraphs (2) and (4) is amended and shall read as follows: "(2) the Claims made by the prosecution, the Romanian courts or, where provision is made for such in the Treaty applicable to the times in this law, Ministry of Justice, as well as the paperwork attached will be accompanied by a translation into one of the languages provided for in the applicable legal instrument in relation to the requested State. Claims brought under international comity and the annexes will be translated into the official language of the requested State. Translation is carried out at the request of the prosecution or the Court by a sworn translator. Where on the Court of appeals in the district prosecution or court there is no translation for the language you have translated the request times, although there, it refuses to provide the requested service, the prosecution or the Court will ask the Prosecutor's Office attached to the High Court of Cassation and justice or the Ministry of Justice where appropriate, a translation of it.
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(4) the translation of the response of foreign authorities is carried out by a sworn translator, at the request of the Romanian authority which made the request. "
  

4. In article 19 (1) (b)) is amended and shall read as follows: "b) asylum seekers, beneficiaries of refugee or subsidiary protection in Romania, where extradition would take place in the country of origin or any other State where their life or freedom would be endangered or where it would be subjected to torture inhuman and degrading treatment; ".
5. In article 19, paragraph (2) is amended and shall read as follows: "(2) the capacity of the Romanian citizen, applicant or beneficiary of refugee or subsidiary protection in Romania shall be assessed on the date of final judgment over whether extradition. If this capacity is recognized between the date of final judgment of whether extradition and agreed date for the handover, will pronounce a further judgement concerned. "
6. In article 42, after paragraph (1) insert a new subparagraph (1 ^ 1), with the following contents: "(1 ^ 1) where the requesting State asks at the same time the extradition of two or more persons in the same criminal case investigated or related cases, which were located in the districts of some different, courts of appeal of extradition requests settlement jurisdiction belongs to the Bucharest Court of appeal."
7. In article 43, paragraphs (2) and (4) is amended and shall read as follows: "(2) after identification, the general prosecutor's Office of the Court of appeal in whose constituency was caught immediately the person extrădabilă the matter to the Court of appeal, in order to appreciate the provisional detention measure has been taken with a view to extradition of a person extrădabile and continuation of proceedings for the resolution of the request for extradition. In the case referred to in article 1. 42 para. (11), extrădabile by the person hearing the Bucharest Court of appeal can also be made via videoconference. The work carried out by the public prosecutor's Office attached to the Court of appeal in whose constituency was to be sent to the person extrădabilă Office Bucharest Court of appeal, immediately after hearing the person extrădabile.
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(4) the provisional Arrest for extradition purposes shall be performed in centers of preventive detention and arrest, which is organized and operates under the Ministry of Internal Affairs, except in cases where the person is in the execution of a sentence in a prison in the subordination of the National Administration of penitentiaries. "
  

8. Article 44 is amended and shall read as follows: "ARTICLE 44 provisional Arrest in case of emergency (1) in case of emergency, at the reasoned request of the requesting State, the person being tracked can be provisionally for extradition purposes, prior to the extradition request is received.
  


(2) red or broadcasting Notice of international tracking through the channels of the International Criminal Police Organization-Interpol is tantamount to an application for provisional arrest for extradition purposes if it expressly in the Treaty applicable to the times there is reciprocity.
  

(3) the persons referred to in art. 19 cannot be arrested under a red notes or a likewise international tracking through channels of the International Criminal Police Organization-Interpol.
  

(4) the request for provisional arrest for extradition purposes shall show: (a) the authority requesting the arrest) on a provisional basis for extradition purposes;
  

b) identification data of the person being tracked, including citizenship;
  

(c) the existence of a) arrest warrant or other document having the same legal effect or of an enforceable judgment;
  

(d) confirmation of the validity of the Act) referred to. c);
  

e) exposure of the facts, which must specify the date, the place where they were committed and the degree of participation in committing them;
  

f) laws, including those concerning criminal statutes or the execution of criminal sentences;
  

g) confirmation that will be transmitted the request for extradition.
  

(5) where a person's arrest is sought; 19 or when the red notice or broadcasting international tracking through the channels of International Criminal Police Organization-Interpol does not equate with a request for provisional arrest for the purpose of extradition, the request for provisional arrest for extradition purposes shall be forwarded to the Directorate of the Ministry of Justice, directly or through the International Police Cooperation Centre within the General Inspectorate of the Romanian police.
  

(6) where a request for the provisional arrest warrant for extradition purposes and there is data that the person tracked International is located in Romania, International Police Cooperation Centre within the General Inspectorate of the Romanian police forward the red notice or broadcasting international tracking through the channels of International Criminal Police Organization-Interpol's Office in the Court of Appeal whose constituency was located the pursued person or in case you do not know the whereabouts of the person, the Prosecutor's Office attached to the Court of appeal.
  

(7) after identification, the Prosecutor shall refer the matter without delay to the competent court of appeal, in order to appreciate the provisional detention measure has been taken with a view to extradition.
  

(8) the maximum duration of the pre-trial detention measure provisional extradition of the person extrădabile is 40 days, apart from cases where the Treaty applicable to a longer length.
  

(9) the release of the person extrădabile does not preclude a new provisional arrest for extradition purposes and no extradition if the request for extradition is subsequently received. "
  

9. Article 45 is amended and shall read as follows: "ARTICLE 45 Detention for extradition purposes so far as apprehension may be taken by the Prosecutor or by the criminal investigation against extrădabilă after hearing the person only in the presence of a lawyer. The measure of apprehension may last for no more than 24 hours. The criminal investigation is required within the first 10 hours of the detention of the person extrădabile, to present it to the competent prosecutor. "
10. Article 58 shall be amended and shall read as follows: "ARTICLE 58 Teaching postponed (1) where the person to be extradited is investigated by the judicial authorities in criminal, its teaching is postponed until the final resolution of the case. In the event of conviction with the execution of the penalty of detention, rendition is deferred to release as a result of the parole or until serving.
  

(2) Teaching may be deferred when: a), on the basis of medico-legal expertise, that the person to be extradited is suffering from a serious illness that makes it impossible for an immediate handover. In this case, the teaching is delayed until the health status of the person expelled will improve;
  

b the person extradited) is pregnant or has a child under one year of age. In this case, teaching shall be postponed until the end of the case that prompted the postponement so that teaching can be included;
  

c) due to special circumstances, immediate teaching would have serious consequences for the person to be extradited or its family. In this case, the teaching may be delayed up to 3 months and only once.
  

(3) in the case of postponement, the Court expelled person teaching issue a provisional arrest warrant for extradition purposes. Where the person to be extradited is located at the time of acceptance of the request for extradition, the power of preventive arrest warrant or execution of the prison sentence issued by the judicial authorities, the term of Office of the provisional arrest warrant for extradition purposes shall take effect from the date of termination reasons which justified the postponement.
  

(4) Notwithstanding paragraph 1. (1) at the request of the requesting State, the person to be extradited may be handed over temporarily for a period established by mutual agreement between the Romanian authorities and the requesting State.
  

(5) when an application referred to in paragraph 1. (4) is submitted after the final decision of the backwardness of teaching, teaching is approved for the temporary President of the Criminal Division of the Court of appeal that the extradition request has resolved through reasoned conclusion, given in the Council Chamber. At the request of the President of the Criminal Division of the Court of appeal, a judicial body whose role cause enforcement court shall transmit the requested information.
  

(6) the conditions relating to temporary teaching shall be determined by agreement between the competent Romanian authorities and foreign. For Romania, the competent authority is the Ministry of Justice, through the Directorate. Retrieving the person expelled and returning its are carried out by the competent authorities of the requesting State, on the territory of Romania. Expenditure on acquisition of and returning the person expelled shall be borne by the requesting State.
  

(7) if the person to be extradited according to para. (4) is in the execution of a sentence or measure involving deprivation of liberty, execution of punishment or measure shall be considered as suspended from the date on which the person was taken over by the issuing State until the date of its return. "
  

11. Article 59 is repealed.
12. Article 65 is amended and shall read as follows: "ARTICLE 65 implementation tracking (1) entry into the international prosecution is requested and ordering for identification and search of a person for the purpose of locating and provisional arrest for the purpose of extradition or surrender in Romania. For the purposes of this article, by putting in tracking international means putting in tracking through the channels of International Criminal Police Organization-Interpol or entry into the Schengen information system has a reports about a person sought to be arrested for extradition purposes.
  

(2) Putting in tracking international calls when the person referred to, as appropriate, preventive arrest mandate, the mandate of execution of death penalty commuted to life imprisonment or prison or in the judgment which has taken the measure of deprivation of liberty was not found, and there is a reasonable assumption that he has left the territory of Romania.
  

(3) entry into international ordering tracking the International Police Cooperation in the framework of the General Inspectorate of the Romanian police at the request of the Court which issued the mandate of preventive arrest or court enforcement. In this respect, the Court shall forward the information referred to in article 1. 44 para. (4) (a). a)-f), and any other data and additional information requested.
  

(4) International Cooperation Centre on Police Inspectorate General of Romanian police shall as soon as the requesting court date put into tracking and date of introduction of the alerts in the Schengen information system.
  

(5) the Court which issued the mandate of preventive arrest or court shall periodically verify the execution, but not later than six months from the date of putting into the validity of the mandate of the international tracking of preventive arrest or mandate of enforcing the custodial sentence or measure involving deprivation of liberty ordered and, to the extent that changes have occurred, inform the International Cooperation Centre on Police Inspectorate General of Romanian police and the specialized Directorate within the Ministry of Justice.
  

(6) if the person's location being tracked in another State, where, under the law of that State or the applicable treaty, not red or broadcasting notice is tantamount to an application for provisional arrest for extradition purposes, and when the national Interpol Bureau correspondent asks, Ministry of Justice, through the direction of specialization, prepares and transmits the request for provisional arrest with a view to extradition. "
  

13. After article 66 shall be inserted a new article, article 66 ^ 1 with the following content: "ARTICLE 66 ^ 1 Simplified Extradition

When the person in the international tracking channels international organization of Criminal Police-Interpol or in respect of which it has introduced a reporting system SIS agrees to be extradited in Romania, presenting a formal extradition requests no longer necessary if the central authority of the requested State shall so inform the applicable international Convention, and in relation to the requested State or the law of that State govern such proceedings. "
14. In article 68, paragraph (1) shall be amended and shall read as follows: "(1) where, in order to solve the extradition demand, străîn State authorities requesting the transmission of additional information, they will be communicated, within the time limit set by the authorities of the requested State, the Ministry of Justice, through the direction."
15. Article 69 is amended and shall read as follows: "review of ARTICLE 69 of the person expelled rejudecării Insurance in case of extradition of the person convicted in absentia is given by the Ministry of Justice, through the direction, at the request of the requested State. The provisions of article 95 para. (3) shall apply accordingly. "
16. Article 82 is amended and shall read as follows: "ARTICLE 82 Reporting in the SIS concerning a person sought to be arrested for reporting introduced in the SIS concerning a person sought to be arrested is equivalent to a european arrest warrant in all cases applicable to Council framework decision 2002/584/JHA of 13 June 2002 on the european arrest warrant and the surrender procedures between Member States Member, published in the official journal of the European Union L series nr. 190 of 18 July 2002. When does not apply that framework decision, a flagging entered in the Schengen information system produces the same legal effect as a request for provisional arrest with a view to extradition. "
17. In article 88, paragraphs (1) to (6) shall be amended and shall read as follows: "(1) the authority referred to in paragraph 1. (3) issue a european arrest warrant when, towards the nature of the offence committed, the age and previous criminal record of the person requested, and other circumstances of the case, considers it appropriate to issue a european arrest warrant and the following conditions are met: (a) the person sought is located) in the territory of another Member State of the European Union;
  

(b) preventive arrest) or mandate the mandate of execution of imprisonment for life or to imprisonment is valid;
  

c) failed to intervene, according to the Romanian law, the statutes or the execution of criminal sentences or amnesty pardoning times;
  

d) when the arrest and handover are required to: (i) the purpose of pursuing the prosecution, punishment or judgment provided by the Romanian law for the crime committed is life imprisonment or imprisonment for 2 years or more;
(them) for the execution of criminal sentences, the punishment imposed or the rest of the sentence remaining to be executed is life imprisonment or imprisonment of one year or more;
(iii) to enforce the measure involving deprivation of liberty, the duration of the measure is of 6 months or greater.

(2) when the pre-trial detention measure is taken following the replacement by the competent Romanian judicial measure or obligation of compliance was previously supervised by the State of enforcement, the european arrest warrant may be issued even if the condition is not satisfied as referred to in paragraph 1. (1) (a). d). the condition laid down in paragraph 1. (1) (a). d) applies whenever the State of enforcement shall notify the application, in this case, the provisions of article 3. 2 (2). (1) of Council framework decision 2002/584/JHA, as transposed into the national law of that State.
  

(3) the european arrest warrant is issued: a) during criminal prosecution by the Court which issued the mandate of preventive arrest, ex officio or upon referral to the Prosecutor who conducts or supervises the prosecution of the person;
  

b) during trial, by the Court on the role of the cause for resolution, ex officio or upon referral to the Prosecutor or to the organ which lie to its enforcement mandate of preventive arrest or judgment which has taken the measure of deprivation of liberty;
  

(c) the execution phase), by the Court, ex officio or upon referral to the Prosecutor or to the organ which lie to its enforcement mandate of enforcing the death penalty commuted to life imprisonment or prison or judgment which has taken the measure of deprivation of liberty.
  

(4) the Court shall verify that the conditions referred to in paragraph 1. (1) and shall, where appropriate: a) issuing the european arrest warrant and supervise measures for translating and transmitting, in accordance with the provisions of art. 86 para. (3), art. 89 and 90;
  

b) finds, by a reasoned conclusion, that they are not satisfied the conditions laid down in paragraph 1. (1) to issue a european arrest warrant. The conclusion may be appealed by the Prosecutor's appeal, within 3 days of receipt. The appeal judges of the superior court shall, within 3 days from the registration of the case, in the Council Chamber, without summoning the parties, with the participation of the Prosecutor. In case of appeal, the Court of first instance is obliged to issue a european arrest warrant.
  

(5) in the case referred to in paragraph 1. (4) (a). the issuing court) shall inform the Prosecutor who conducts or supervises the Criminal Court's role which the times lies to cause about issuing the european arrest warrant, and in the cases referred to in paragraph 1. (4) (a). (b) communicate to the competent prosecutor's conclusion).
  

(6) the issuing Court may, ex officio or at the request of the competent prosecutor, the unavailability and remission of goods that can serve as material evidence in criminal or which have been acquired by the requested person by committing the offence. The issuing court will make mention in this regard; g) in the form set out in the annex. 1. "18. Article 89 is amended and shall read as follows: "ARTICLE 89 Transmission for execution and translation of the european arrest warrant (1) where the court issuing it does not hold any information in this respect, the competent foreign authority identification to receive or to execute the european arrest warrant is carried out with the help of the national contact points in the European judicial network or the Ministry of Justice through the Directorate.
  

(2) when it is informed of the location and arrest of the territory of another Member State of the person requested, the european arrest warrant, Romanian language and străînă, shall be forwarded by the issuing court, via fax, e-mail, or through any means of communication security, which leaves a trace, the competent foreign authority, within the time limit indicated by this, cooperation with Police informing International Centre within the General Inspectorate of the Romanian police.
  

(3) the original of the european arrest warrant shall be transmitted by the issuing court, at the request of the foreign authority.
  

(4) any difficulty related to the transmission or the authenticity of the european arrest warrant or any other documents necessary for its execution is resolves either directly or through specialized Directorate within the Ministry of Justice.
  

(5) for execution of the european arrest warrant to the competent foreign authority to receive or to interrupt execute prescribed course.
  

(6) when the competent authority străînă to receive or to execute the european arrest warrant States that the european arrest warrant does not meet the conditions of form or is imprecise, issuing court takes steps to carry out amendments or additions needed.
  

(7) the translation of the european arrest warrant shall be made urgently, at the request of the issuing court, by a sworn translator. Where on the Court of appeal in the District Court is not issuing any sworn translator for the language you have translated the european arrest warrant, although there are times, it refuses to provide the requested service, issuing court will require specialized Directorate of the Ministry of Justice measures with a view to translating it.
  

(8) in the case of direct transmission, issuing court shall inform the direction of the Ministry of Justice in the last working day of each calendar month mandates with regard to the European arrest warrant forwarded for execution during the reference period and their execution stage. "
  

19. Article 90 is amended and shall read as follows: "article 90 further information and guarantees (1) on or after the date of transmission for execution of the european arrest warrant, the issuing court shall, ex officio or at the request of the authority, any additional information necessary for the execution of their mandate. Transmission and translation of further information shall be made according to art. 89.
  


(2) where the european arrest warrant has been issued for the purposes of criminal prosecution or judgement, and the person sought is a citizen or resident of the executing State, the Ministry of Justice, through the specialized Directorate, provides a guarantee that, in the event of conviction, once taught, that person may be transferred under this law. "
  

20. Article 91 is amended and shall read as follows: "ARTICLE 91 temporary Transfer or hearing person required during the procedure of teaching based on the european arrest warrant (1) In the case of a european arrest warrant had been issued for the purposes of prosecution or for execution of judgement, transmitted by an authority of another Member State, to which there has been no decision taken times though it has been taken, it is not definitive, issuing court may, at the request of the Prosecutor who conducts or supervises the prosecution or the Court, as the person to whom the warrant issued to the said european arrest warrant: a) to be transferred temporarily in Romania for a period determined in agreement with the străînă authority. The issuing court will make mention in this regard; f) in the form set out in the annex. 1, unless the competent authority străînă to receive or to execute the european arrest warrant indicated that the temporary transfer must be sought the path of distinct applications; or (b)) to be heard directly by the Prosecutor who conducts or supervises the prosecution or the Court, via videoconference. Request with the hearing of the requested person by video conference shall be drawn up in accordance with article 172 and 178 of the Prosecutor who conducts or supervises the prosecution or by the competent authority and shall be transmitted with the european arrest warrant or after that date; or (c)) to be heard in the presence of or, insofar as State law allows, străîn, the Prosecutor who conducts or supervises the prosecution or the judge designated by the competent authority. Request with the hearing of the requested person shall be made according to art. 172 of the Prosecutor who conducts or supervises the prosecution or by the competent authority and shall be transmitted with the european arrest warrant or after that date.
  

(2) the temporary Transfer of a person in Romania against which the european arrest warrant shall be required only in the event of an emergency, when the presence in person of it is mandatory under the law or when, in the light of the circumstances of the case, the Prosecutor who conducts or supervises the prosecution or the Court considers it necessary to its presence. Temporary transfer must not prejudice the right of the person requested to participate in the prosecution of the application of teaching based on the european arrest warrant issued by a Romanian Court.
  

(3) the person requested, transferred temporarily, will be held in detention until his return to the State of enforcement. Receiving in detention centres and preventive arrest which is organized and operates under the Ministry of Internal Affairs shall be made on the basis of the mandate of preventive arrest or mandate of enforcing the death penalty commuted to life imprisonment or imprisonment of judgement which underpins the european arrest warrant. The duration of pre-trial detention is prolonged or is maintained in accordance with the law.
  

(4) Bringing into the country and requested the return of the person to whom the execution of the judicial authority ordered the temporary transfer shall be carried out by the International Police Cooperation Centre within the General Inspectorate of the Romanian police. "
  

21. Article 92 is amended and shall read as follows: "ARTICLE 92 european arrest warrant issued on the basis of a judgment given in the condemnation of the lack of the defendant (1) when the person convicted was not present at the trial, the court issuing checks, works to determine whether: (a) the person has been sentenced) încunoştinţată in a timely manner, through subpoena written notification delivered personally or by telephone , fax, e-mail or any other similar means, in respect of the day, month, year and place of the appearance and the fact that it can be rendered a judgement in the case does not appear at the trial; or b) knowledge of the day, month, year and place of appearance, the person sentenced him to his chosen lawyer mandated or appointed ex officio to represent it, and legal representation and defence in front of the Court have been carried out effectively by the lawyer; or c) after i was personally handed a judgment and sentence was made aware that according to the law, the cause may be rejudecată or that the decision is subject to appeal and that can be monitored including the on the basis of new evidence, and in the event of acceptance of căîi the attack, may be abolished, the person convicted or has expressly renounced the retrial or to exercise remedies căîi either not requested review of his times did not, within the period prescribed by law, that remedy.
  

(2) where it appears that the dossier of the person convicted was not personally handed judgement of conviction, the Court shall inform the issuing judicial authority executing that: a) within 10 days of receipt, if necessary, detention centres and preventive arrest which is organized and operates under the Ministry of internal affairs or of person in prison, sentencing judgement will be communicated to its staff under the terms of the code of criminal procedure;
  

b) at the time of handing over of the judgment of conviction, the person surrendered shall be made that is entitled, as appropriate: (i) the exercise of a remedy, according to the code of criminal procedure; or (them) at the retrial, according to the criminal procedure code.

(3) at the same time, when from the works of the dossier shows that the convicted person has not previously received any official information concerning the criminal proceedings against him, the subsequent transmission of the european arrest warrant, the Court will issue, upon request, communicate to the judicial authority for execution, a copy of the judgment of conviction translated, where applicable, in the language that the person understands, condemned to be brought to its knowledge. Transmission of the judgment of conviction will not be considered a communication within the meaning of paragraph 1. (2) nor shall take effect with respect to the time limit within which it may be contested, making it exclusively for information purposes.
  

(4) the findings made pursuant to paragraph 1. (1) and (2) shall be entered in (b). (d)) of the form referred to in article 1. 86 para. 2. When they are incidental provisions outlined in paragraph 1. (1) (a). b), if the content of the mandate entrusted to the lawyer chosen or appointed ex officio does not result from the work, the Court may require the lawyer who secured the defence of the person convicted a statement about the relationship between him and his client, without thereby assume that prejudice professional secrecy times the principle of confidentiality. The Declaration will be used exclusively for the purposes of this article, and is not intended for the public. "
  

22. Article 93 is amended and shall read as follows: "ARTICLE 93 temporary Teaching (1) if the executing judicial authority may, after having approved the teaching of the person requested, surrender, the Court has deferred issuing ex officio, at the request of the competent prosecutor or court on the role of the cause for resolution, may require that the person be handed over temporarily for the purpose of obedience or participation in criminal proceedings or in court. Temporary teaching is carried out in the conditions laid down by mutual agreement between the issuing court and competent authority străînă.
  

(2) Bringing into the country and requested the return of the person to whom a court has ordered the execution of temporary teaching is carried out by the International Police Cooperation Centre within the General Inspectorate of the Romanian police.
  

(3) Receipt retention centres and preventive arrest which is organized and operates under the Ministry of Internal Affairs is based on the mandate of preventive arrest or mandate of enforcing the prison sentence which underpins the european arrest warrant. The duration of pre-trial detention is prolonged or is maintained in accordance with the law.
  


(4) a person temporarily surrendered will remain in detention until his return, unless that State authorities executing requests release for freedom and, in this case, only if the person no longer holds the power of preventive arrest or mandate the mandate of enforcing the death penalty. Release of the person deprived of liberty shall be carried out and where, at the expiry of a period of no more than 18 days from the date of revocation or replacement of the preventive measure or the date of pronouncement of the conclusion whereby it was noted as being terminated by operation of law so far as pre-trial detention, the person handed over has not been taken by the authorities of the State of enforcement. Until the expiry of a period of 18 days, he taught will remain in detention, the authorities of the State of enforcement. "
  

23. Article 95 shall be amended and shall read as follows: ' article 95 of the person Bringing in the country taught (1) International Police Cooperation Centre within the General Inspectorate of the Romanian police: a) the competent authorities shall specify the period of foreign takeover of taught and bringing in the country ensures, under escort. In case of temporary transfer or temporary surrender date taken is determined by the issuing court, according to the agreement reached by the court issuing the străînă execution;
  

b) informs about the date and place where the person has been handed over, the court issuing the direction from the Ministry of Justice and the Court of enforcement or court on the role of the cause, if the latter are other than the issuing court or Prosecutor times overseeing the prosecution.
  

(2) where, for bringing into the country of the person, is used way with stopover or transit path land of a third State, the direction of the Ministry of Justice, at the request of the authority referred to in paragraph 1. (1) request for transit shall be drawn up and shall, where appropriate, a translation of the european arrest warrant, as well as additional information.
  

(3) where the person convicted was handed over in missing, the Court shall notify the enforcing judgement of conviction within 10 days of its receipt, if applicable, at the heart of preventive detention and arrest that is organized and operates under the Ministry of internal affairs or in prison. At the same time, the Court of enforcement shall notify the person handed over according to the provisions of article. 92 para. (2) (a). b). (4) as soon as it is informed that the person handed over was brought into the country, issuing court requesting direct execution state information about the duration of the arrest carried out by the person handed over on the basis of the european arrest warrant that they shall, as appropriate, to the Court, the Court's role as the cause, whether they are other than the issuing court or prosecutor who oversees the prosecution performs times Apart from cases in which they have been communicated on the date of taking over. "
  

24. In article 97, paragraph (2) is amended and shall read as follows: "(2) Without prejudice to paragraphs 1 and 2. (1) teaching, based on a european arrest warrant issued with a view to criminal prosecution or judgement, a Romanian citizen or a person who lives in Romania and has a continuous and legal residence in the territory of Romania for at least 5 years is made provided that, where it will decide whether a deprivation of liberty This person handed over to be transferred in Romania. "
25. In article 98, paragraph 2, point c) is amended and shall read as follows: "(c)) where the european arrest warrant has been issued for the purposes of execution of a sentence of imprisonment or a safety measures involving deprivation of liberty, if the requested person is Romanian citizen or living in Romania and has a continuous and legal residence in the territory of Romania for a period of at least five years and that to refuse to execute the penalty times safety measure in the issuing Member State; ".
26. In article 98, paragraph 2, after the letter h) insert a new letter, the letter i), with the following content: ") when the person convicted was not present at the trial, unless the issuing judicial authority shall, in accordance with the law of the issuing State: (i) the person has been încunoştinţată in a timely manner, by summons delivered personally or by written notification by telephone , fax, e-mail or any other similar means, in respect of the day, month, year and place of the appearance and the fact that it can be rendered a judgement in the case does not appear at the trial; or () a person, having no knowledge of the day, month, year and place of notice, it has mandated his lawyer's chosen or appointed ex officio to represent it, and legal representation to the Court's judgment was carried out effectively by the lawyer; or (iii) after i was personally handed a judgment and sentence was made aware that according to the law, the cause may be rejudecată or that the decision is subject to appeal and that can be monitored including the on the basis of new evidence, and, in the event of acceptance of căîi the attack, may be abolished, the person convicted or has expressly renounced the retrial or to exercise remedies căîi either not requested review of his times did not, within the period prescribed by law, the remedy; or (iv) the person convicted was not personally handed judgement of conviction, though, immediately after his surrender, it shall be handed over personally and that judgment will be aware that the judgment of conviction is subject, in a particular period, an appeal, during which the competent authority will be able to check contested including on the basis of new evidence and, as a result of resolution căîi, in trials which may attend personally, the judgment of conviction may be disbanded. "
27. In article 99, paragraphs (1) and (2) is amended and shall read as follows: "(1) within 48 hours after receipt of a european arrest warrant, the Prosecutor shall verify whether the european arrest warrant shall be accompanied by a translation into the Romanian language or in one of the languages of English or French. If the mandate is not translated into any of the above languages, the issuing judicial authority shall request the Prosecutor's remission. If the european arrest warrant is translated in English or in French, the competent prosecutor has translation in emergency.

(2) the Prosecutor shall verify whether the european arrest warrant shall comprise the information laid down in article 21. 86 para. 1. If the european arrest warrant does not contain this information or is imprecise, as well as when they are incidental provisions of article. 98 para. (2) (a). I), point (iv) issuing authority seeks, within 10 days, of any necessary information or copy, the judgment of conviction in absentia, the data translated into a language that the person understands the condemned, as appropriate. Transmit, by the judicial authority issuing the judgment of conviction in absentia database has no effect on the apprehension of the person requested and referral to the Court under art. 101 and 102. "
  

28. In article 100, paragraph (2) is amended and shall read as follows: "(2) the person detained shall be immediately informed, in a language he understands, of the reasons for his detention and the contents of the european arrest warrant. When are articles incidents 98 para. (2) (a). I), point (iv) and has been transmitted by the issuing authority, the Prosecutor has the communication of conviction the person requested. The requested person will be informed of the effects that it has under the law of the issuing State, the judgment of conviction. "
29. Article 101 is amended and shall read as follows: "ARTICLE 101 withholding and arrest based on alerts entered into the SIS (1) in the case of obtaining a positive result in respect of a person for whom another Member State has introduced an early warning in order to arrest, the Center for International Cooperation of Police General Inspectorate of Romanian police request the Member State to confirm semnalant in a matter of urgency, the validity of the decision of the respective reporting was introduced.
  

(2) Reporting in order to arrest shall be sent to the Prosecutor to the Court of appeal in whose territorial RADIUS was located. The provisions of article 99, 100 and 104 shall apply accordingly, if not contrary to the provisions of this article.
  

(3) Reporting in order to arrest is tantamount to a european arrest warrant.
  

(4) the public prosecutor's Office within the Court of appeal in whose constituency was attached the requested person referred the matter to the competent court of appeal, in order to appreciate the provisional detention measure has been taken for the purpose of teaching.
  

(5) the judge referred to it pursuant to paragraph 1. (4): a) admits, through the conclusion a reasoned proposal of the Prosecutor and provisional arrest with a view to dispose of teaching, for a period not exceeding 15 days; or
  


b) rejects, by a reasoned conclusion, the proposal of the Prosecutor and, where appropriate, order the release of the person detained. In order to ensure the proper conduct of the procedure for the execution of the european arrest warrant or to prevent theft of the person requested by the execution of the european arrest warrant, the Court has, by a reasoned conclusion, implementation, for a period not exceeding 30 days, one of the non-custodial preventive measures provided for in the code of criminal procedure.
  

(6) the judge shall immediately notify International Police Cooperation Centre within the General Inspectorate of the Romanian police and the specialized Directorate within the Ministry of Justice decision taken pursuant to paragraph 1. (5) and (7) in order to further the procedure under art. 103, the judge postponed proceedings and shall fix a time limit of 15 days for the submission by the Prosecutor of the european arrest warrant, accompanied by a translation into the Romanian language and, where appropriate, of the judgment of conviction in the default database. If, on the expiry of a period of 15 days, the Prosecutor did not present european arrest warrant, the judge has revoked, where appropriate, provisional arrest with a view to measure teaching and implementation without delay of the person sought or of the measure prepared pursuant to paragraph 1. (5) (a). b). (8) european arrest warrant shall be transmitted by the Member State semnalant not later than 10 days from the date of pronouncement of the conclusion set out in paragraph 1. 5. (9) the provisions of this article shall not apply when reporting the purpose of detention is accompanied by a european arrest warrant. In this case the provisions of article are applicable. 99. (1) in the case of notices concerning wanted persons to be arrested for extradition purposes shall be applicable the provisions of art. 45. "30. Article 103 (1), (2) and (11) shall be amended and shall read as follows: "(1) the judge shall verify the identity of the person requested first and make sure that it was communicated, in copy and in a language he understands, of the european arrest warrant and, if applicable, the given sentence in absentia. When it was transmitted by the issuing authority, the judge shall give them the person applied for judgment in default date of conviction.

(2) where, at the request of the person requested, the judge shall hold the cause once, no more than 5 days, and calls for the issuing authority transmission (copy) and in the language that the person understands, he requested the judgment condemning the data missing. Transmit to the authority issuing the judgment of conviction in absentia database has no effect on the continuation of the procedure for the execution of the european arrest warrant and the surrender of the requested person.
  

..

(11) when the person sought is on the loose, the judge has toward this one of non-custodial preventive measures provided for in the code of criminal procedure. In this case, where the judge has subsequently executing the european arrest warrant, the decision referred to in article 1. 107, the judge takes the measure of arrest for the purpose of teaching the person requested. "
  

31. After article 103 shall be inserted a new article, article 103 ^ 1 with the following content: "ARTICLE 103 ^ 1 revocation under which reporting has been introduced with a view to their arrest or issued european arrest warrant (1) where the issuing State shall inform about the revocation under which reporting has been introduced with a view to their arrest or issued european arrest warrant : a), referred to the Prosecutor under art. 99 or 101, has rank and, if applicable, revoke the preventive measure taken against the person sought and inform about these International Cooperation Centre on Police Inspectorate General of Romanian police and the specialized Directorate within the Ministry of Justice;
  

b) judge, referred to it in accordance with article 101 or 102, by definitive sentence, under which revocation was introduced in order to arrest or report was issued the european arrest warrant, as appropriate, and revocation preventive measure taken against the person sought.
  

(2) if the provision of information pursuant to paragraph 4. (1) after the final decision of the backwardness that has ordered the surrender of the requested person to the issuing State, the competent court of appeal, to the appeal of the Prosecutor, order the definitive revocation of the sentence by the execution of the european arrest warrant and, if necessary, revoke the custodial measure previously arranged.
  

(3) repair of damage of a material or non-pecuniary damages in case of restriction of freedom deprivation times based on reports in order to 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, insert a new paragraph, paragraph (4), with the following contents: "(4) where the surrender of the person was denied, the Court makes the application of the provisions of article 3. 28 para. (3) of law No. 141/2010 on the establishment, organization and functioning of the information system of the National Reports and the participation of Romania in the Schengen information system, with subsequent amendments. "
33. In article 108, paragraph 1 is amended and shall read as follows: "(1) the decisions referred to in articles. 101, art. 103 para. (8) and (9) may be subject to appeal, within 24 hours after 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 authorities of the issuing State, or teaching cannot be completed within the time limit set by the International Police Cooperation Centre within the General Inspectorate of the Romanian police and the competent authority in the issuing State, the latter will take place within 10 days of the new date by mutual agreement."
35. In article 111, paragraph (3) are repealed.
36. In article 111, paragraph (5) is amended and shall read as follows: "(5) in all cases, at the time of the surrender, the Romanian authorities shall notify the authorities of the issuing State shall ensure that the person taking over the duration of his detention taught by it in the execution of the european arrest warrant, in order to be deducted from the punishment or measure involving deprivation of liberty from which it will apply."
37. Article 112 is amended and shall read as follows: "ARTICLE 112 postponed or temporary surrender of (1) the provisions of article 4. 58 para. (1) to (5) and (7) shall apply accordingly.
  

(2) the conditions relating to temporary teaching shall be determined by agreement between the competent Romanian authorities and foreign. For Romania, the competent authority is the Court of appeal which has executed the european arrest warrant. Retrieving and returning the person handed over its are carried out by the competent authorities of the issuing State, the territory of Romania. Expenditure on acquisition of and returning the person surrendered shall be borne by the issuing State. "
  

38. Article 113 is amended and shall read as follows: "ARTICLE 113 handing goods (1) a court may order the execution of Romanian, at the request of the issuing judicial authority or on its own initiative, the unavailability and teaching, in accordance with Romanian law, goods constituting the sample material means or have been acquired by the requested person as a result of the offence underlying the european arrest warrant without prejudice to the rights conferred on them by the Romanian State or third parties may have on them.
  

(2) goods referred to in paragraph 1. (1) surrender even when the european arrest warrant cannot be executed due to the death or escape of the requested person.
  

(3) where the goods are liable to be seized or normative regulatory Commission seeks in Romania and needed the smooth criminal process on the role of the judicial authorities, Romanian authority can refuse execution thereof, or may order the temporary surrender of their subject. "
  

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 another State is pursuing criminal proceedings relating to the same or related facts and facts involving the same person, the Prosecutor who conducts or supervises the prosecution or the Court may contact the competent authority of the other State or, in the case of States that are not members of the European Union, via the competent central authority under art. 10, in order to confirm the existence of such parallel proceedings, with a view to initiating consultations. If the judicial body English does not hold any information to that effect, in relation to the EU Member States, the identification of the competent authority, which should be contacted with the help of national points of contact to the European judicial network shall be designated at the level of the Public or of the Ministry of Justice, where appropriate. For this purpose, the authority shall be provided to foreign, at a minimum, the following information:
  


of) a description of the facts and circumstances that are the subject of criminal proceedings are carried out;
  

b) all relevant information concerning the identity of the person investigated and, where appropriate, of the person injured;
  

(c) the stage of criminal proceedings);
  

d) information on preventive arrest or detain the person investigated, where appropriate.
  

(2) for the purposes of paragraph 1. (1) constitutes reasonable grounds including the following cases: (a) the person researched), providing information in this regard, the fact that it is the subject of criminal proceedings in respect of the same facts, or facts related in another State; or (b)) a request for international judicial cooperation in criminal matters of another Member State shall indicate the existence of such parallel criminal proceedings; or c) the police hold information in this regard.
  

(3) the procedure laid down in paragraph 1. (1) does not apply where the competent authorities are carrying out parallel procedures have already been informed by any other means.
  

(4) when determining the existence of parallel proceedings, the Prosecutor who conducts or supervises the prosecution or the Court or the competent direct consultations initiated through Eurojust or, in the case of States that are not members of the European Union, via the competent central authority under art. 10. the purpose of the consultations is to arrive at a consensus on any effective solution aimed at avoiding the adverse consequences which might arise from such parallel proceedings, which may, where appropriate, and to exercise and the continuation of criminal proceedings that are unique or in their English or in another State.
  

(5) so long as consultations are ongoing, direct competent authorities involved shall inform each other of the measures taken in the proceedings.
  

(6) claims brought by the authorities of other States in order to confirm the existence of parallel proceedings deciding by the Prosecutor's Office attached to the High Court of Cassation and justice or by the Court on the role of the cause. Unless by providing them it might harm the fundamental interests of national security or endanger the safety of persons, foreign authorities may receive, within a reasonable time, at least the following information: a) If you are in progress or have been carried out criminal proceedings in respect of some or all of the same or related facts to facts which are the subject of criminal proceedings to which reference is made in the application of străînă and authority If the same people are involved;
  

b) where are in progress or have been carried on criminal proceedings, the contact details of the competent authority; and (c) those procedures or stage), where he was handed a final judgment, the nature of that final judgment. "
  

40. Article 124 shall be amended and shall read as follows: "ARTICLE 124 Conditions the Romanian judicial authorities may request the competent authorities of another State to initiate or continue criminal proceedings when its exercise by the State of străîn requested interests of sound administration of Justice or favor, in case of conviction, social reintegration and incidents are one or more of the following cases : a) the habitual residence of the person investigated in the requested State;
  

b) is a citizen of the person investigated the requested State or if that State is the State of his origin;
  

c) person to run or researched execute a prison sentence in the requested State;
  

d the person investigated is the subject), in the requested State of criminal investigation for the same Act or acts related to copyright;
  

e) transfer is justified by an interest in discovering the truth and, most importantly, whether the evidence most important can be found in the requested State;
  

(f) the execution of any ruling) condemning in the requested State is likely to improve the possibilities for social reintegration to convict;
  

g) presence in person at the hearings investigated criminal proceedings instituted by the Romanian judicial authorities cannot be ensured, even when there is a hearing by videoconference, but can be provided in the requested State;
  

h) any determination of the conviction could not be put into force in Romania, even when there is a formulation of a request for extradition or issue a european arrest warrant, writ requested State in beeing able to do;
  

I) defendant was sentenced in Romania, are incidents in one or more of the cases referred to in points. a)-h) and the Romanian State is unable to enforce the judgment of conviction, even having opened the way for extradition or the european arrest warrant, and the requested State does not accept, as a principle, enforcement of a foreign judgment of conviction or refused entry into the enforcement of the judgment given by the court sentencing străînă. "
  

41. In article 125, paragraph (2) is amended and shall read as follows: "(2) to this end, on a proposal from the Prosecutor who conducts or supervises the prosecution or on its own initiative, provided that the conditions prescribed by law, the Court has reasoned, by concluding the transfer of criminal proceedings. In the event of the transfer of criminal proceedings, the Prosecutor's proposal that perform or oversee the prosecution resolve in the Council, without summoning the parties. The presence of the Attorney is required. "
42. Article 127 is amended and shall read as follows: "ARTICLE 127 the effects application for transfer of criminal proceedings (1) pending the decision of the requested State in respect of an application for transfer of criminal proceedings, the Prosecutor who conducts or supervises the prosecution or the Court, as appropriate: a) may carry out any acts of criminal investigation, with the exception of referral to Court of the defendant or the enforcement of a penalty against the person. The Prosecutor who conducts or supervises the prosecution or the Court shall, in writing, of the requested State shall, with respect to acts or measures provided subsequently forwarding the application;
  

b) may withdraw the request for the transfer of criminal proceedings.
  

(2) the right of prosecution and enforcement of judicial authorities is the Romanian regained when the requested State: a) informs you that it will not initiate any proceeding concerning the application for transfer of criminal proceedings or that it does not accept such a request;
  

(b) the requested State shall) rescinds the acceptance of the request for transfer of criminal proceedings;
  

c) the requested State shall communicate its decision to not start or to terminate criminal proceedings.
  

(3) the transmission of the request for transfer of criminal procedures extended periods of limitation for criminal liability, with 6 months.
  

(4) In the event of a conviction, judgment of the requested State shall be entered in the criminal record and produce the same effects as if it had been rendered by a Romanian Court. "
  

43. According to article 127 shall be inserted a new article, article 127 ^ 1 with the following content: "ARTICLE 127 the complaint of the injured person ^ 1 (1) in the case of acts committed outside the territory of Romania, the complaint lodged with the judicial authorities of the person aggrieved, resident in Romania, is transmitted directly or, in the case of States that are not members of the European Union, through the central authorities referred to in article 1. 10, foreign authorities competent in whose territory the offence was, apart from cases where jurisdiction is exercised by the Romanian State.
  

(2) the provisions of article 4. 123-127 are not applicable in this case. "
  

44. Chapter II of title IV shall be amended and shall read as follows: "CHAPTER II taking over or initiating criminal proceedings at the request of a State străîn ' 45. In article 128, paragraph 2 shall be amended and shall read as follows: "(2) when the offence was committed on the territory of Romania, requests to take charge of the prosecution or the judgment deciding, if appropriate, of the public prosecutor's Office attached to the courts of appeal or the Court of appeal, in whose constituency the place where the offence was, or was the person investigated person lives at times. When the crime was committed in străînătate, requests to take charge of the prosecution or the judgment deciding, if appropriate, by the Prosecutor to the Court of appeal in whose constituency the perpetrator resides or of the Court of appeal. If he is not domiciled nor lives in Romania, the resolution of the request is within the competence of the Prosecutor's Office attached to the Court of appeal Bucharest or Bucharest Court of appeal, as appropriate. Requests to take charge of the prosecution relating to facts which, according to the law, the competence of the Directorate for investigating organized crime and terrorism or the national anti-corruption Directorate, deciding by them. "
46. After article 128 shall be introduced three new articles, articles 128-127 ^ 1 ^ 3, with the following content: "article 128 ^ 1

The initiation of criminal proceedings from State authorities to refer to the străîn (1) on an appeal to the authorities of other States with respect to committing a facts for the purpose of initiation by the Romanian State to criminal proceedings, the judicial organ shall decide English competently, in accordance with the provisions of the criminal code and the code of criminal procedure.
  

(2) in the case of acts committed on the territory of Romania, the complaint lodged with the competent authorities of the State of which the injured person is a resident is received by the public prosecutor's Office attached to the High Court of Cassation and justice shall decide by the competent judicial body according to law.
  

Article 128 ^ 2 rejection of the application of retrieval or initiation of criminal proceedings (1) the application of the State străîn of retrieval or initiation of criminal proceedings shall be rejected if the exercise of prosecution is contrary to the principle of non bis in idem, or whether, on the date mentioned on the supply, prescription of criminal liability is fulfilled according to Romanian law.
  

(2) Furthermore, the request of the state takeover or străîn initiation of criminal proceedings may be rejected in whole or in part, in the following cases: a) the reason behind the request is not justified;
  

b) făptuitorii are unknown;
  

(c) the person has not researched) ordinarily resident in Romania;
  

d) is not the person investigated Romanian citizen and did not have habitual residence in the territory of the committal of the crime scene;
  

e) crime in connection with requesting a tracking political or purely military offence is a purely fiscal times;
  

f) there are good reasons to believe that the application of criminal investigation is determined by considerations of race, nationality or political opinions;
  

g) Romanian Penal law is already applicable to the scene and, according to this law, criminal liability is prescribed at the time of receipt of the application;
  

h) criminal proceedings is contrary to Romania's international commitments;
  

I) prosecution is contrary to the fundamental principles of the Romanian legal order;
  

j) towards the circumstances of the case, the prosecution is not appropriate.
  

Article 128 ^ 3 Revocation of acceptance of the application and refund case (1) the acceptance of the request that charge be taken or the initiation of criminal proceedings is revoked when: (a) the continuation of criminal proceedings) in Romania is contrary to the principle of non bis in idem; or (b) If, at the time) on demand, criminal statutes is accomplished according to the Romanian law; or c) if the deed for which has been requested to initiate or continue criminal proceedings is not a crime under the law, and the perpetrator does not respond.
  

(2) acceptance of the request that charge be taken or initiation of criminal proceedings may be revoked when: a) to the person investigated cannot be ensured in order to appreciate the hearing or that any sentence cannot be executed in Romania; or b) one of the grounds for refusal laid down in article 21. 128 ^ 2 is discovered before sending in court; or c) in any other cases, if the requesting State agrees străîn.
  

(3) Revocation of acceptance or Ordinance shall be reasoned, appropriate conclusion. Revocation of acceptance has effect refund documents submitted by the requesting State and the recovery by the State in question of the right of prosecution. "
  

47. Title V shall be amended and shall read as follows: "title V recognition and enforcement of judgments, to criminal acts and ordinances in relation with third countries chapter I General provisions ARTICLE 130 scope and meaning of some terms and expressions (1) this title shall apply in the relations with third countries in the field of recognition and execution of criminal judgments and orders in accordance with the rules contained in international treaties to which Romania is a party, and, in the absence thereof, on the basis of reciprocity. The provisions of this title shall apply alike, in addition, situations not covered by international treaties. The provisions of chapter III shall apply to and in relation to the Member States of the European Union, if not contrary.
  

(2) for the purposes of this title, the following terms and expressions below have the following meaning: a) revocation or suspension-any deprivation of a right, any prohibition or incapacity;
  

b) judicial act that emanates from a judicial authority;
  

c) criminal străînă Ordinance-any of the decisions referred to in articles. and (b). (g)) of the European Convention on international value judgements, Hague adopted repressive on 28 May 1970, ratified by order No. 90/1999, approved by law No. 35/2000, or provided for in bilateral treaties concluded by Romania times established on a reciprocal basis;
  

d) third country-which is not a Member State of the European Union.
  

ARTICLE 131 competencies (1) in respect of judgments given by the courts of third States and foreign criminal Ordinances, Ministry of Justice, through the specialized Directorate is competent: a) to receive the request the issuing State recognition of judgment for enforcement in Romania of the penalty imposed in the issuing State or in order to produce other legal effects where appropriate, and the application of the person for the purpose of transferring sentenced persons in Romania;
  

b) receive the request making a preventive measure if the person sentenced is in Romania;
  

c) where recognition is for the purpose of enforcement in Romania of the penalty imposed in the issuing State, submit, at the request of the issuing State, before or after the receipt of the application referred to in or b) to), include the following documents and information: (i) in writing to the effect that the person sentenced has Romanian citizenship or that benefits from a right of Romania permanent residence;
() the laws indicating that the facts that gave rise to the application of punishment in the issuing State shall constitute offences according to the Romanian law;
(iii) information with respect to the conditional release of prescription and execution of criminal sentences;
(iv) a statement containing the information referred to in article 1. 132;

d) unless the issuing State has indicated that it does not agree that the judgment or order against a criminal date Romanian citizen or a străîn that enjoys in Romania of a right of long-term residence to be performed in Romania, request the latter to communicate the information referred to in article 1. 132;
  

e) for control of regularity and, where applicable: (i) to require the submission of additional documents and information;
(ask) the statement of the person convicted, unless it is located on the territory of Romania;
(iii) where the person convicted is located on Romanian territory, and străînă judgment has been given in default, to request information on the right of the person convicted to make opposition or exercise any other remedy under the law of the issuing State;

f) to verify the person's place of residence străînătate, convicted for the determination of the competent judicial authority to hear and determine the application referred to in subparagraph (a). or b) to);
  

g) refuse to initiate the procedure for recognition and enforcement in Romania of judgement, when: (i) Romania is not the State of nationality was the State in whose territory the times person convicted has a right of permanent residence;
(them) from the date of receipt of the foreign judgment, the punishment imposed from the person convicted remained to run less than 6 months, unless the person sentenced is located on Romanian territory;
(iii) the issuing State has not sent the documents referred to. e) until the expiry of a period of a maximum of 120 days, and in other cases expressly provided for by law;

h) to consult the issuing State whenever it considers as necessary.
  

(2) in respect of criminal court decisions or ordinances by the judicial authorities, the Ministry of Justice, through the specialized Directorate is competent: a) to receive the request state of execution or of the person to whom it was given to the judgment or order criminal străînă, its recognition in order to execute the death penalty applied in Romania or in order to produce other legal effects where appropriate;
  

b) transmit to the records and information referred to in article 1. 132, as well as any additional information required by the State of enforcement;
  

c) require the execution state in writing that the person sentenced has its citizenship or that lives on its territory, as well as: (i) the statement of the competent authority concerning the transfer of the sentenced person;
() the laws indicating that the facts that gave rise to the application of punishment in Romania constitute crimes under the law of the executing State;

(iii) information on the amnesty, pardon, parole and sentence of prescription;
(iv) a statement regarding the procedures applicable to Romanian judgement;

d) to draw up, at the request, where appropriate, the Court or the criminal prosecution body, based on the records and information referred to in article 1. 132: (i) the application for recognition and enforcement in the territory of a third State of judgement or Ordinance and to communicate the decision of the judicial authority of the requesting State for Romanian enforcement;
() application of preventive measures against the convicted person when it is located on the territory of the executing State;

e) stay the proceedings pending the completion of the condition laid down in article 21. 140 ^ 2 para. (4) (a). b);
  

f) to consult with the State executing whenever necessary as appreciate.
  

(3) the national administration of penitentiaries: a) inform persons convicted contained in the execution of custodial sentences in penitentiaries in Romania, to whom it may apply this title, with respect to their right to request a transfer to the State of enforcement;
  

b) provides teaching, under escort, to convicted persons placed in prisons in Romania, against which it was willing to transfer to the State of enforcement or which have been returned according to subparagraph (a). e);
  

c) inform the direction of the Ministry of Justice, the Court of enforcement and Court in whose district lies the place of detention with regard to the date of surrender of the person convicted of State enforcement authorities;
  

d) on receipt of a person in prison convicted in străînătate, inform the direction of the Ministry of Justice: (i) with regard to the ownership regime for executing established and action taken, if applicable;
() when the person convicted escaped, and it was not possible to attach a;

e) ensure, at the time of bringing the takeover in the country, and keeping it in a prison, until the execution state resending times until the notification of a decision on jurisdiction in freedom, a person transferred from Romania in the State of enforcement, which was returned to the country to participate in the judging of the căîi extraordinary appeal brought against the judgment of the Romanian;
  

f) on expiry of the term prison sentence, decided by the Court in the case of parole, as well as of any other date determined by competent judicial authorities in the cases specifically provided for by law, shall immediately notify the Ministry of Justice and the General Inspectorate of border police release of persons transferred to Romania in order to execute the death penalty, regardless of the crime committed. General Inspectorate of border police shall inform the direction of the Justice Ministry specialist if, within the period provided for in art. 157 lit. c), the person has left the territory of Romania released;
  

g) in the case of parole pardon the rest of times remained unfulfilled from punishment, shall communicate to the Directorate of the Ministry of Justice, the number of days remaining to be executed;
  

h) ensure, at the time of bringing into the country, persons transferred to the purpose of the sentence in a penitentiary in the subordination of the National Administration of penitentiaries.
  

(4) International Cooperation Centre on Police Inspectorate General of Romanian police provides: a) transferring, under escort from the issuing State in Romania of the convicted persons in străînătate;
  

b) taking over from străînătate, under escort, to convicted persons, previously transferred, against which it was bringing in Romania willing to participate in trials in căîi extraordinary attack made against the judgment, apart from cases where the task of greening in the country rests with the State.
  

(5) the Ministry of Foreign Affairs, through the consular offices, taking the statement contained in the execution of the convicted person's punishment at life imprisonment or imprisonment or a measure involving deprivation of liberty, in the territory of the issuing State, which shall forward it to the Directorate of the Ministry of Justice, not later than 30 working days of receipt of the request.
  

ARTICLE 132 Entries and information for the purpose of recognition and enforcement of the implementation of judgments or foreign criminal Ordinances are required, as appropriate, the following information: a) name, surname, pseudonym, alias, used only if their knowledge, as well as sex, citizenship, number of the identity card or passport, the date and place of birth, address or last known residence, the languages that the person understands them;
  

b) information about the social or family ties, which has in Romania;
  

c) total length of sentence, sentence start date, the date when the punishment would be regarded as forfeit, the period already carried out, where appropriate, the number of days to be deducted from the total punishment as a result of the effects produced by Amnesty or pardon previously granted;
  

d) information regarding early conditional release or where appropriate;
  

e) a copy, certified as being appropriate, penal or Ordinance of the judgement given in the first instance and, where appropriate, in the exercise of rights of appeal;
  

f) statutory provisions applicable;
  

g) unless the person sentenced is in Romania, the convicted person's statement against the request for enforcement in a prison or health unit from Romania to the penalty imposed by the issuing State;
  

h) where appropriate, any report or finding forensic or other medical documents attesting to the person's physical and mental treatment of prisoners followed by it in the territory of the issuing State and any recommendations for further treatment in Romania, and, in the case of the detainee, the IP copy paragraphs;
  

I) information on the possibility of the person convicted, after transferring to an extraordinary remedies of appeal against the judgment of conviction;
  

j) in the case of judgments given in default, when the person sentenced is in the territory of the issuing State, information on a person's right to pursue a remedy that has the effect of a review of the case in his presence.
  

ARTICLE 133 the law governing execution and effects the transfer of sentence (1) in the event that Romania is the issuing State, shall, where appropriate, the enforcement of the penalty or measure involving deprivation of liberty or of the rest remained unfulfilled is the Romanian court whenever: (a) to recognize the request) judgement is withdrawn prior to the State of enforcement to recognise the judgment and put in execution the punishment or measure involving deprivation of liberty applied to Romanian Court;
  

b) enforcing State refuses to recognise the judgment and put in execution the punishment or measure involving deprivation of liberty applied to Romanian Court;
  

c) enforcing State expressly waives its right of enforcement;
  

d) enforcing State shows that it can no longer perform the punishment or measure involving deprivation of freedom whereas the person sentenced has escaped and was not found in its territory;
  

e) enforcing State shows that it cannot enforce the punishment or deprivation measure whereas the person convicted was not found in its territory.
  

(2) the competence of his trial and appeal, exerted by the person convicted, after his transfer to the State of enforcement, with a view to abolishing or amending the judgement of conviction, belongs to the Court. Any decision which the punishment or measure involving deprivation of liberty cease to be enforceable, and the judgment whereby the competent Romanian Court has resolved that the remedy shall be transmitted to the specialized Directorate within the Ministry of Justice in order to inform the State of enforcement.
  

(3) in the event that Romania is the issuing State when enforcing State has communicated its decision not to enforce or to terminate the execution of the sentence or measure involving deprivation of liberty as a result of the application of amnesty or pardon, the competent Romanian Court makes mention of it in the register and the enforcement of criminal judgments.
  

(4) the application of amnesty or pardon by the Romanian State, the issuing State when the person convicted after transferring intervenes or after the sentence, the delegation shall be made by a judge of the Court of enforcement. The decision to adopt amnesty or pardon shall be forwarded to the Directorate of the Ministry of Justice specialist to communicate the State of enforcement.
  


(5) the application of amnesty or pardon by the Romanian State, the State of enforcement shall be made by a judge of the Court of execution or, where the person convicted is held, at the appropriate court in the place of detention. The decision to adopt amnesty or pardon shall be forwarded to the Directorate of the Ministry of Justice specialist to communicate the issuing State.
  

CHAPTER II recognition and enforcement of foreign judgments section 1 transfer of convicted persons held in third countries, in order to execute the sentence or measure involving deprivation of liberty in a prison or health unit from Romania ARTICLE 134 Steps leading up to the referral to the Court (1) when it is satisfied that the issuing State has forwarded records and information referred to in article 1. 132, Ministry of Justice, through the direction, forward them to the Prosecutor of the Court of appeal in whose territorial constituency residing person sentenced, for the purposes of referral to the Court of appeal.
  

(2) the Prosecutor received folder, check whether: a) the execution of foreign judgment in Romania would be contrary to the principle of non bis in idem;
  

(b) the person is investigated) condemned Romania for the same criminal offence for which a judgment has been pronounced străînă;
  

(c) the person is investigated) convicted criminal in Romania for crimes other than those for which a judgment has been pronounced străînă;
  

d) is one of the incident the grounds for refusal laid down in article 21. 136 para. (2);
  

e) person convicted shall benefit from the effects of the rule of specialty. The provisions of article 157 applies only if so specified in the applicable treaty in relation to the issuing State, or if the appropriate reserve or the declaration formulated by the issuing State to a multilateral treaty, accepted by Romania, the transfer is subject to the observance of the rule of specialty.
  

(3) the information required under paragraph checks. (2) (a). b) and (c) shall be communicated to the Prosecutor), no later than 5 days from the date of receipt of the request.
  

(4) where paragraphs are incidental. (2) (a). (e)), the Prosecutor shall, as appropriate, the Prosecutor who conducts or supervises the prosecution or the Court.
  

(5) If, on application to the Court, on an appeal referred to in art. 131 paragraph 2. (1) (a). She is withdrawn, Prosecutor) has rank and return the folder from the Directorate under the Ministry of Justice.
  

ARTICLE 135 the duration and the purpose of the procedure for recognition of foreign judgment (1) the President of the Court or the judge delegated for this fixed term, which shall not be more than 10 days from the date of registration of the case to the Court. Duration of proceedings for recognition of foreign judgment shall be 60 days from the date of registration of the case to the Court.
  

(2) Court judges completely consisting of a single judge, in camera, without the attendance of the person convicted. The Prosecutor's participation is mandatory.
  

(3) the object of the procedure for recognition of foreign judgment is checking that the conditions laid down in article 21. 136, and if they are met, assignment of judgment of foreign legal effects on Romanian territory and transfer in a prison medical unit from Romania of the person convicted. Provisions relating to monetary penalties, measures or judicial expenses, insurers and any provisions of the Decree străînă, other than those relating to the execution of the punishment of imprisonment for life or imprisonment or custodial measure not covered by this proceeding, unless the issuing State shall request it explicitly. In the latter case, the court seised in order to transfer the sentenced person shall be delivered and on the recognition and enforcement in the enforcement of penal provisions from other judgment străînă.
  

(4) where a person has been convicted of several offences, checking is done for each offense. When the conditions are met for only a part of the offence, the Court may order a partial recognition of the foreign judgment. For this purpose, prior to making a decision, the Court may consult the issuing State through the specialized Directorate within the Ministry of Justice.
  

(5) If, before the final resolution of the case, the issuing State shall withdraw the request, court reject as unsupported.
  

(6) the Court shall examine the judgment străînă, check the file and works on the basis of its findings, pronounce one of the following: a) has, by sentence, recognition and enforcement of criminal sentences imposed by the Court străînă;
  

b) where the nature or duration of the penalty imposed by the Court străînă does not correspond with the nature or duration of the penalty prescribed by the criminal law for offences similar to Romanian: (i) adapt, by sentence, the penalty of deprivation of liberty applied to străînă Court, pursuant to paragraph 1. (7) and (8) or when adaptation is not possible, (them) establishes and applies, by sentence, the penalty for the offence committed;

c) has, by sentence, rejecting the application for recognition and enforcement of judgment in Romania.
  

(7) in the case referred to in paragraph 1. (6) (a). b), point (i), the Court shall adjust the punishment imposed by the Court, străînă when: (a) does not correspond to its nature), the designation or of the regime, with the penalties stipulated by the Romanian criminal law;
  

b) its duration exceeds, where appropriate, the maximum penalty provided for by the penal law for the same offence or Romanian limit General maximum prison sentence provided for by the criminal law or Romanian when the length of the resulting penalty imposed where a crime exceeds the total of the penalties laid down for concurrent offences or the maximum permissible overall prison sentence of Romanian Penal law. Adaptation of the court sentence imposed by court străînă is to reduce the penalty up to the maximum limit allowed by Romanian Penal law for similar offenses.
  

(8) the penalty established by the Romanian Court, pursuant to paragraph 1. (7) must correspond as far as possible, from the standpoint of nature or duration with that applied by the issuing State and will not aggravate the situation of the person sentenced. The punishment imposed in the issuing State may not be converted into a pecuniary punishment.
  

(9) where paragraphs are incidental. (6) (a). b) point (), the establishment and application of the death penalty for the crime committed, the Court is held, establishing the facts and circumstances of the States in which they were committed, as explicitly or implicitly from the judgment străînă also: (i) won't change a sentence involving deprivation of liberty in the pecuniary punishment;
(them) will be deducted in full from the punishment imposed for the period by the person sentenced to be executed in the issuing State;
(iii) it will not aggravate the situation of the person sentenced and neither will be kept to the minimum limit of the penalty provided for in the Romanian Penal law for the crime committed.

(10) the provisions of paragraphs 1 and 2. (6) (a). b) (them) does not apply where the Treaty applicable in relation to the issuing State preclude conversion of conviction or if the issuing State has expressly indicated that it will grant the transfer only if the Romanian State will run either the punishment imposed by the Court, be străînă punishment adapted by Romanian Court pursuant to paragraph 1. (7) and (8).
  

(11) the sentence referred to in paragraph 1. (6) will be issued within 10 days of the pronouncement and shall be sent to the Directorate of the Ministry of Justice, with a view to communication to the person convicted. The sentence can be appealed, within 10 days, the Prosecutor, ex officio or at the request of the Minister of Justice, as well as by the person convicted. For the District Attorney, the time limit runs from the date. For the person convicted, the period runs from the communication of the copy on your device. The dossier will be forwarded to the Court of appeal within three days and the appeal shall judge in 10 days, in the Council Chamber, without summoning the convicted person. The presence of the Attorney is compulsory.
  

(12) the implementation of the execution of the punishment shall be made according to the provisions of the code of criminal procedure. Final judgment and a copy of the execution of the penalty of imprisonment of life in prison or, if appropriate, shall be forwarded to the Directorate of the Ministry of Justice.
  

(13) where the issue of the mandate of the enforcement of the imprisonment sentence for life imprisonment, or to the issuing State:
  


that transfer has) can no longer take place, the court ordering his execution of prison sentence or imprisonment for life. In this case, the sentence for the recognition of foreign criminal judgment to produce legal effect only as regards the State of relapse, apart from cases where the transfer is not possible by reason of granting amnesty or as a result of the fact that it was subsequently established that the person is not guilty of committing the offence or as a result of death in the issuing State of the person convicted;
  

b a new judgment) for the execution of punishments, other provisions of the code of criminal procedure regarding opposition to execution, which are not contrary to the provisions of this title shall apply accordingly. In this case, the Court of enforcement is the Court of appeal which ruled the sentence referred to in paragraph 1. 6. (14) where, after the transfer of the convicted person, the issuing State transmits a new Court for the enforcement of any other punishment, article 4. 137 shall apply accordingly.
  

(15) where the provisions of paragraph 1 shall apply. (13) (a). the transfer), and can no longer take place as a result of revocation of consent by the person sentenced to the transfer, all expenses advanced by the Romanian State fall to be borne by the person sentenced on the basis of the provision of the Ministry of Justice or the General Inspectorate of the Romanian police, which shall be enforceable. In the case of non-execution of this lodge will basis, shall enforce the provisions of the code of tax procedure for the recovery of tax claims.
  

(16) where the Court refused recognition of the judgment submitted by the issuing State, the application of the person convicted or the issuing State may be re-examined if new information emerged.
  

ARTICLE 136 Conditions for recognition and enforcement of foreign judgment (1) a court order străînă can be recognized in Romania if it is capable of producing legal effects according to the criminal law and the following conditions are met: (a)) shall be final and enforceable judgment;
  

b) for which the Act applied the penalty would be set up, where they had been committed on the territory of Romania, a misdemeanor. Where the penalty was applied for several offences, checking of the condition is made for each offence;
  

(c) the person consented) condemned the execution of punishment in Romania, besides if it, after the execution of the death penalty, would be expelled in Romania. If necessary, in relation to age with physical or mental condition of the person convicted, consent may be given by its representative;
  

d) is not one of the reasons for the incident of non-recognition and non-enforcement provided for by paragraph 1. (2) where any incident is for the reasons referred to in paragraph 1. (2) the Court may order the recognition only if there is the belief that serving in Romania would contribute significantly to the social reintegration of the person convicted;
  

e enforcement in Romania) of their sentence commuted to life imprisonment or imprisonment or custodial measure is likely to facilitate the social reintegration of the convicted person.
  

(2) judgment străînă won't be recognized and put into execution when: a) the recognition and enforcement in the territory of Romania of the foreign judgment would be contrary to the fundamental principles of the rule of law to the Romanian State;
  

b) judgment refers to a political offence or an offence related to a political crime or a military offence which is not a common law offence;
  

(c) the penalty was applied) on the grounds of race, religion, sex, nationality, language, political opinions or ideological times membership of a particular social group;
  

d) person was sentenced in Romania for the same offences. Where the judgment was given străînă and for other criminal offences, the Court may order the partial recognition of it, if other conditions are met;
  

e) person was sentenced in another State for the same offences, while străînă judgment given in that State was previously recognised in Romania;
  

(f) the person convicted shall) Romania immunity from criminal jurisdiction;
  

g) penalty was applied to a person who does not respond to the Romanian criminal law;
  

h) penalty consists of a measure consisting in the psychiatric or medical assistance that cannot be enforced in Romania or, where appropriate, provides medical or therapeutic treatment which cannot be surveyed in Romania, in accordance with the national legal system or health;
  

I left the condemned person) Romania, settling and residing in another State, and its links with the Romanian State are not significant;
  

j) person condemned had committed a serious offence, such that either the company or has maintained close relations with members of criminal organizations, likely to make his social reintegration of ambiguous in Romania; ++ j) there are objective indications that the judgment has been given in breach of fundamental rights and freedoms, and in particular that the punishment was meted out to punish a person convicted on sex , race, religion, ethnic origin, citizenship, language, political belief or sexual orientation, and the condemned person had no opportunity to challenge these circumstances to the European Court of human rights or other international courts.
  

(3) on a case by case basis, taking into account the specific circumstances of the case, the Court may refuse recognition and enforcement of foreign judgment if: (a) the person is investigated) Romania for the same criminal offence for which he was convicted in străînătate. Where the judgment was given and for other criminal offences, the Court may order the partial recognition of it, if other conditions are met;
  

b) when issuing State rejected the request made pursuant to article 4. 134 para. 1. (4) where the person convicted is researched in Romania for the crime for which he was convicted in străînătate instead of deny recognition, the Court may order either the recognition of the foreign judgment, the case to be suspended pending a decision in criminal procedure on the role of the judicial authorities.
  

(5) judgment străînă won't be recognized or if it has been recognized, it will not be put in execution, when, according to the criminal law, Amnesty, pardon occurred, deed, and decriminalization in any other cases provided by law.
  

SECTION 2 of the recognition and enforcement of foreign judgments, where the convicted person is in Romania ARTICLE 137 procedure for recognition of the foreign judgment and take preventive measures (1) when it is satisfied that the issuing State has forwarded records and information referred to in article 1. 132, Ministry of Justice, through the direction, forward them to the Prosecutor of the Court of appeal in whose constituency the condemned person domiciled in territorial times, where it is in detention, in whose constituency is situated the place of detention shall, for the purposes of referral to the Court of appeal. The provisions of article 134 para. (2) (a). a)-d) and paragraphs 1 and 2. (4) as well as of art. 135 para. (1) and (4) to (10) apply accordingly, if they do not transgress section.
  

(2) Court judges completely consisting of a single judge, in the Council Chamber, with the attendance of the person convicted. The Prosecutor's participation is mandatory.
  

(3) the object of the procedure for recognition of foreign judgment is checking that the conditions laid down in article 21. 136 para. (1) (a). a), b), d), (e)) and paragraph 3. (2) to (4) and, where they are met, assignment of judgment of foreign legal effect on the territory of Romania. Depending on the nature of the punishment and whether the conditions laid down are met by the Romanian law, the Court may order one of the measures of individualization of the sentence.
  

(4) at the request of the issuing State, against the person convicted shall take one of the preventive measures provided for in the code of criminal procedure. 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 crime, health, age, history, and other circumstances relating to the person against whom the measure is taken.
  

(5) the measure of preventive arrest may be taken against the person convicted, if the crime committed is part of one of the categories of offences under article 4. 96 para. (1) and one of the following situations exists:
  


the condemned person) ran out of the issuing State in order to be exempt from prosecution, trial or enforcement of penalty and took refuge on the territory of Romania; or (b)) the punishment imposed by the Court or the rest of the remaining străînă executed is at least a year in prison.
  

(6) the duration of preventive measure may not exceed 180 days. Preventive measures: a law ceases) at the expiry of the prescribed by law or the expiry of the deadline of the Romanian judicial bodies;
  

b) where, before pronouncing a judgment for the recognition of the foreign judgment, the duration of the arrest reached the length of prison sentence imposed in străînătate; or c) if imprisonment was ordered earlier application was received for the recognition and enforcement of foreign judgment, when, within 30 days from the date of arrest, have not been received by the Directorate in the Ministry of Justice records and information referred to in article 1. 132. (7) the legal position of the person convicted cannot be compounded the effect of duration of custodial preventive measure applied by the judiciary.
  

(8) the sentence shall be drawn up not later than 10 days after delivery. Against it can appeal within 10 days, the Prosecutor ex officio or at the request of the Minister of Justice, as well as the sentenced person. For the District Attorney, the time limit runs from the date. For the person convicted, the period runs from the date or, in the case of lacking both in the debates, as well as from the date of the notification, the copy on your device. The dossier will be forwarded to the Court of appeal within three days and the appeal shall judge in 10 days, in the Council Chamber, with the attendance of the person convicted. The presence of the Attorney is compulsory.
  

ARTICLE 138 notification of judgement and convicted person appeal (1) where the judgment was given in the străînă default, the Prosecutor received the dossier, shall notify the person convicted. The notification must include the following endorsements: (a)) that was received by an application for enforcement in Romania of a sentence;
  

(b)) that has the right to appeal the judgment to file opposition and străînă in this sense, if that right is conferred by the law of the issuing State;
  

(c)) that the notice of opposition shall be subject to the jurisdiction of the issuing State;
  

(d)) that the notice of opposition shall be lodged at the competent prosecutor's Office, under art. 137;
  

It's a period) that the appeal is 30 days and run from the date of receipt of the notification;
  

f) that failure to appeal within the period of 30 days has as a result consideration of foreign judgment as handed down in his presence.
  

(2) A copy of the notification shall be communicated to the specialized Directorate within the Ministry of Justice which it submits to the issuing State.
  

(3) where at the expiration of the 30 days it is established that the convicted person has not filed a notice of opposition, the Prosecutor notifies the competent court of appeal according to art. 137. (4) where on the expiry of the 30 days it is established that the convicted person has filed a notice of opposition, the Attorney has to be classified, be returned to the folder from Directorate under the Ministry of Justice and, at the same time, tells the opposition, as well as pleadings lodged by the convicted person.
  

CHAPTER III special procedures for recognition and enforcement ARTICLE 139 Recognition and enforcement the enforcement of criminal sanctions and administrative judicial organs applied to foreign and judicial expenses (1) the recognition and enforcement of judgments or foreign criminal Ordinances by which sanctions have been applied to criminal or administrative action or willing to pay for an order directing the judicial expenses take place under the conditions of an applicable treaty between Romania and the requesting State or străîn in his absence, under the conditions laid down by this law and the code of criminal procedure, if the condition of reciprocity is met.
  

(2) where it finds that the issuing State has forwarded records and information referred to in article 1. 132, Ministry of Justice, through the direction, forward them to the Office District Court in whose territorial jurisdiction, to which the person is domiciled has been applied that sanction or who has been ordered to pay expenses, with a view to referral to the competent court. When the person has no domicile nor dwells on Romanian territory, jurisdiction lies with the Court of Bucharest sector 2.
  

(3) Court judges completely consisting of a single judge, in the Council Chamber, with the attendance of the parties. The presence of the Attorney is compulsory. The Court decides by sentence. The sentence can be appealed, within 10 days of the pronouncement, the Prosecutor or the person concerned. The dossier will be forwarded to the Court of appeal within three days and the appeal shall judge within 10 days, the Council Chamber, with the attendance of the parties.
  

(4) the execution of decăderilor, and other criminal provisions from the judgment or order criminal străînă takes place only if the Romanian Penal Law provides for crime committed application of such measures or decay.
  

(5) when applying for the bringing into force of the penal or administrative fine or expenses, the Court of competent jurisdiction changing its amount in the currency of the Romanian State, by applying the exchange rate in effect on the date of the judgment.
  

(6) the amount of the administrative fine resulting from conversion shall not exceed the maximum limit prescribed by the Romanian general law. However, the Court will be able to maintain and enforce penal or administrative fine, up to the amount of the străîn State, when the Romanian law provides for the deed committed a penalty more severe than that prescribed by the law of the issuing State.
  

(7) Not covered by the present proceeding provisions of foreign judgments falling within the provisions of article 7. 135 or 137, where appropriate.
  

(8) the final judgement shall be notified to the Directorate in the Ministry of Justice.
  

ARTICLE 140 the recognition and enforcement of foreign judgments to the enforcement of confiscation (1) the recognition and execution of confiscation decisions issued by third States shall take place in the conditions of an applicable treaty between Romania and rule străîn issuer or, failing that, under the conditions laid down by this law and the code of criminal procedure, if the condition of reciprocity is met.
  

(2) within the meaning of paragraph 1. (1) by a judgment of confiscation shall mean a definitive punishment or a measure ordered by a competent judicial authority of the issuing State in relation to one or more offences, resulting in the deposition of the final common question.
  

(3) the recognition and enforcement of judgments through the enforcement that have ordered measures equivalent to confiscation, which, according to the Romanian law, does not constitute criminal penalties, may be arranged only if: a) the measures that result in stripping away final goods;
  

b) measures were ordered by a competent judicial authority in the issuing State, in connection with one or more criminal offences; and (c) the goods are produced or) tools in connection therewith.
  

(4) the jurisdiction of recognition and enforcement of judgments in the implementation of paragraph 1. (1) and (3) the Tribunal belongs to the constituency lies good respectively. Where judgment: a) more chattels contained in different courts, certain district jurisdiction belongs to the Bucharest Tribunal;
  

b) more movable and immovable, the competence of the Tribunal belongs to the constituency lies real estate;
  

c) more real estate in Vienna some different tribunals, jurisdiction lies with the Court in whose district the immovable property having the highest value.
  

(5) the Court judges completely consisting of a single judge, in the Council Chamber, with the attendance of the parties. The presence of the Attorney is compulsory. The Court decides by sentence. The sentence can be appealed, within 10 days of the pronouncement, the Prosecutor or the person concerned. The dossier will be forwarded to the Court of appeal within three days and the appeal shall judge within 10 days, the Council Chamber, with the attendance of the parties.
  

(6) when there is a reasonable suspicion of the existence of a concrete danger of hiding, destruction, disposal or removal of property which is subject to forfeiture, the Court may apply, ex officio or at the request of the issuing State or the Prosecutor, indisponibilizării, through the establishment of a seizure, the movable or immovable property for the purposes of confiscation. The Court has reasoned through the discharge into the boardroom without summoning the parties. The presence of the Attorney is compulsory. The conclusion can be attacked with the sentence referred to in paragraph 1. (5).
  


(7) when applying for the confiscation of an amount of money, the competent court change its amount in the currency of the Romanian State, by applying the exchange rate in force on the date of the pronouncement of the sentence.
  

(8) when applying for confiscation of assets, the recognition of the foreign judgment occurs only if Romanian law governs for the deed committed seizure, unless the Treaty otherwise provides, or it is applicable when the Romanian law provides for the deed committed a penalty more severe than that prescribed by the law of the issuing State.
  

(9) the provisions of article 4. 248 paragraph 1. (2) to (4), art. 260, 267, and 268 shall apply accordingly, if they do not transgress section. The provisions of article 265 para. (1) to (3) shall apply unless otherwise provided in the Treaty between Romania and the issuing State, or, where the Treaty contains no provisions to this effect, unless otherwise agreed between the competent authorities of Romanian and foreign. For Romania, the Romanian competent authority is the Ministry of Justice.
  

(10) the decisions referred to in paragraph 1. (1) and (2) are put into enforcement if enforceable nature only and is not one of the reasons for the incident. 136 para. (2) (a). the-c)) k) and art. 262 para. (1) (a). b)-h) and paragraphs 1 and 2. 4. (11) final judgment referred to in paragraph 1. (5) shall be notified to the Directorate of the Ministry of Justice.
  

ARTICLE 140 ^ 1 recognition of foreign judgments, to produce effects other than that of the execution of death penalty, detention and other judicial documents issued by foreign authorities (1) the Recognition, of foreign judgments, in order to produce legal effects, other than the execution of death penalty, detention shall be made to the appeal of the person concerned or the Prosecutor under the terms of the applicable treaty between Romania and the issuing State, by the District Court in whose district it is domiciled.
  

(2) recognition of foreign judgments, in order to produce legal effects, other than the execution of the punishment of detention regime, and incidental, as part of an ongoing criminal trial of the Prosecutor, the prosecution, or the Court as the cause for resolution.
  

(3) in the cases referred to in paragraph 1. (1) and (2) the lack of a treaty does not prevent the recognition of the foreign judgment if it proves necessary to resolving a criminal or may contribute to improving the situation of the accused or the convicted person or his reintegration. The provisions of article 131 paragraph 2. (1), art. 132, 135 and art. 136 para. (2) shall apply accordingly.
  

(4) judicial Acts that emanates from a judicial authority competent străînă can be recognized by the Prosecutor who conducts or supervises the prosecution or the Court, if it proves necessary to resolving a criminal or may contribute to improving the situation of the person investigated, or the person convicted or his reintegration. Străîn judicial act may give, the effect of recognition, a conclusive force greater than that which it has in the issuing State.
  

CHAPTER IV recognition and enforcement of judgments and other procedural documents issued by the Romanian judicial authorities section 1 Transfer from Romania in other States of the convicted persons in the execution, detention, punishment or measure involving deprivation of liberty, ARTICLE 140 ^ 2 Terms for enforcing State transfer of persons held in prisons or medical units from Romania (1), any person convicted in Romania which is a national of a third country or which lives on the territory of a State other than that of citizenship and wants to be transferred to its territory may request the judge directly or through a delegate for execution of sentences of imprisonment in the penitentiary designated which lies this fold of leadership in which the unit is placed on the transfer of proceedings in the executing State.
  

(2) where the person convicted has multiple citizenship, one of which is the străînă of the Romanian State, citizenship will be considered to be dominant only if the State străîn is the State on whose territory the Romanian citizen lives. Where one of the citizens is another European Union Member State, the procedure set out in Title VI applies to priority, unless the Member State has stated that it does not wish to take over the execution of punishment applied to the person convicted or when they are incidental articles 149 paragraph 1. (2) information referred to in Records and art. 132 shall be transmitted to a single State of execution once.
  

(3) Proceedings shall not be initiated when he ordered the postponement or interruption of the execution of prison sentence commuted to life imprisonment or removal or modification times. At the same time, the procedure is initiated when the person convicted has been stolen from the execution of punishment, leaving the country, and for putting in execution of the judgment in appeal procedure of extradition or the european arrest warrant.
  

(4) the request referred to in paragraph initiation. (1) does not involve an obligation on the State of execution of transmission of documents and information referred to in article 1. 132 when: a) is either the State of enforcement, either by the competent Romanian authorities that the execution of the death penalty in the State of enforcement would not serve the purpose of facilitating the social rehabilitation and reintegration into society of the person convicted; or b) until the date of the initiation of proceedings, the person convicted has not paid the fine, fine, judicial expenses advanced by the State, the appropriate parties and civil remedies; or (c) the person has been convicted of) executed less than 6 months jail or conditioning could be released before the death penalty within the next 6 months; or (d) the judgment is not final) or against the person has exercised a tremendous way of attack; or e) person convicted is investigated in a separate criminal case; or f) person was sentenced for serious crimes which had a profound effect on echo in public opinion in Romania; or g) there are sufficient clues that, once transferred, the person convicted could be jeopardised freedom immediately or within a period too short compared to the length of the sentence remaining to be executed according to the Romanian law or that the maximum limit of the penalty provided for by the law of the issuing State for the crime committed is less than the maximum limit prescribed by the criminal law special Romanian; or h) in consultation with the executing State has declared that it does not agree to take over the enforcement of the punishment imposed by the Romanian Court.
  

(5) Notwithstanding the provisions of paragraph 1. (4) (a). the-c)), f) and (g)), the application initiating the proceedings referred to in paragraph 1. (1) draw the obligation to transmit the State of enforcement information and records referred to in article 1. 132 when the person convicted was taught previously, as part of a request for extradition made by the Ministry of Justice or of a european arrest warrant issued by the competent Romanian Court, provided that, in the event of conviction, the person to be returned to the executing State.
  

(6) when a person lies placed in medical unit from Romania in the execution of a measure involving deprivation of liberty applied to it as a result of the Commission of an offence, the provisions referred to in paragraph 1. (1) to (5) shall apply accordingly.
  

ARTICLE 140 Procedure prior ^ 3 (1) shall be Subject to prior checking procedure by the judge for the execution of the delegated custodial sentences, designated for the prison where the convicted person, the conditions laid down in article 21. 140 ^ 2 para. (4) (a). b)-f) and the situations listed in paragraph 1. 2. (2) the judge for the execution of delegated custodial sentences, designated for the prison where the convicted person check: a) in the case of persons who have been taught previously in the extradition request made by the Ministry of Justice or of a european arrest warrant issued by the competent Romanian Court, where teaching was carried out under the condition of return in the case of conviction by making mention of this in the report referred to in paragraph 1. (4);
  

b) if the person convicted is agreed to be transferred to the executing State. To this end, the judge delegated for execution of sentences involving deprivation of liberty, designated for the prison in which the condemned person, listens to that person, the place of detention, in the presence of a lawyer appointed or elected and ex officio, if the person convicted shall require express, diplomatic or consular representative of the State of enforcement, and lists in this respect a protocol signed by the judge, the person sentenced and lawyer. At the same time, it informs that, according to the Romanian law, the consent of the person sentenced is irrevocable;
  


c) if compared to the person sentenced was the measure of expulsion.
  

(3) where, in the light of the circumstances of the case, considers necessary for the execution of the delegated judge, sentences involving deprivation of liberty, designated for the prison in which the condemned person, requesting: (a) social reinsertion) Department within the prison to prepare a paper for the evaluation of the person convicted, establishing for this purpose a term which may not exceed 10 days;
  

b) requires specialized Directorate within the Ministry of Justice in consultation with the competent authority of the executing State with regard to the possible release of the convicted person or parole and relating to the State of enforcement shall apply if the transfer of the person convicted.

(4) the report drawn up by the judge-delegate for the execution of custodial sentences, designated for the penitentiary that sits the person convicted, the report referred to in paragraph 1. (2) (a). b) and records and information referred to in article 1. 132 subparagraph (c). a), c), (d))-f), h) and (i)) shall be transmitted to the specialized Directorate of the Ministry of Justice.
  

(5) where provisions are laid down in articles 81 and 82 incidents. 140 ^ 2 para. (4) (a). b)-f), shall so inform the specialized Directorate within the Ministry of Justice and the person convicted.
  

(6) on receipt of the documents and information referred to in paragraph 1. (4) the Ministry of Justice take steps to translation, where applicable, and refer the matter to the State of enforcement.
  

ARTICLE 140 ^ 4 judicial proceedings (1) if the enforcing State agrees that the person sentenced to be transferred, the direction of the Ministry of Justice transmits the records and information referred to in article 1. 140 ^ 3 para. (4) and the execution state releases Office Court in whose constituency is located, the place of detention with a view to referral to the competent court. The appeal court is made not later than 15 days from the registration of the case.
  

(2) the duration of the court proceedings is 30 days from the date of registration of the case to the Court. The Court judge, in full consisting of a single judge. The Court decides in the Council Chamber, with the attendance of the person convicted. The presence of the Attorney is compulsory.
  

(3) the Court shall verify the file and works on the basis of its findings, has, through a definitive sentence: (i) to transfer to the State of execution of the convicted person; () or rejection of the application for transfer. The Court shall determine, where appropriate, a time limit for review by the judge for the execution of the delegated custodial sentences, designated for the prison where the convicted person, the situation of the person sentenced, which may not be less than one year.

(4) a judgment shall be notified to the Directorate of the Ministry of Justice, as well as the competent authorities to ensure the teaching of the person convicted.
  

SECTION 2 of the recognition and enforcement in the territory of other States, of judgments and other procedural documents issued by the Romanian judicial authorities ARTICLE 140 ^ 5 delegation of the sentence commuted to life imprisonment or imprisonment or measure involving deprivation of liberty (1) enforcement of a judgment given by a Romanian court may be delegated to a third country only if the convicted person is in the territory of the executing State and are incidental to one or more of the following cases the condemned person): the habitual residence in another State;
  

(b) the person is a citizen) convicted of the other State;
  

(c) the State of enforcement) is the State of origin of the person convicted, and it said it agreed to take over the enforcement of the punishment;
  

d) where execution of punishment in the other State is likely to improve the possibilities for social reintegration of the person convicted;
  

e) in the case of a prison sentence that could be enforced in the other State in furtherance of a other custodial person convicted a running or will run in that State, unless the person sentenced to be brought in the State of enforcement in Romania on the basis of a request for extradition or of a european arrest warrant times transferred for execution of punishment applied by foreign authorities in a prison in Romania;
  

f) if the enforcing court considers that it is unable to ensure the execution of punishment, even resorting to issuing a european arrest warrant or the extradition request, and the other State has this option.
  

(2) in this respect, the Court, ex officio or at the request of the Prosecutor or the convicted person competent, motivated specialist Directorate proposes from the Justice Ministry to ask for străîn State recognition and enforcement of judgement and transmit the records and information referred to in article 1. 132. (3) the application for recognition and enforcement of the judgement shall be drawn up and shall be transmitted by the executing State if, as a result of regular international control, it appears that between Romania and the enforcing State there is an applicable treaty containing provisions to this effect. The lack of a treaty does not prevent the transmission of the request for recognition and enforcement of judgement when the State of enforcement said it agreed to take over the enforcement of the sentence or measure involving deprivation of liberty.
  

(4) The application shall be attached to the acts provided for in applicable international treaty or, in the absence of a treaty, the records and information referred to in article 1. 132. Translation of documents is carried out by a sworn translator, at the request of the Directorate of the Ministry of Justice.
  

ARTICLE 140 ^ 6 putting into execution of other criminal provisions from the judgment, as well as other procedural acts issued by the Romanian judicial authorities bringing into force, within the territory of another State, other criminal provisions from the judgment and other procedural documents issued by the Romanian judicial authorities takes place under the conditions of an applicable treaty between Romania and străîn State or in his absence, on a reciprocal basis, when in consultation with the executing state it is found that this condition is fulfilled. "
48. Title VI shall be amended and shall read as follows: "TITLE VI Provisions on cooperation with the EU Member States in the implementation of 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 punishments or measures involving deprivation of liberty for the purpose of their execution in the European Union chapter I General provisions ARTICLE 141 the scope (1) this title shall apply in relation to the Member States of European Union which have transposed the 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 punishments or measures involving deprivation of liberty for the purpose of their execution in the European Union. In relation to those Member States which have not transposed the framework decision shall apply to the provisions of title V.
  

2. this title shall apply to and in relation to States with which Romania has concluded a treaty that contains similar provisions of the framework decision.
  

The jurisdiction of the judicial authorities ARTICLE 142 (1) when Romania is enforcing State and the person convicted is held in another Member State of the European Union, the recognition and enforcement, in Romania, the foreign judgment, in order to transfer the sentenced person, it is within the competence of the Court of appeal in whose district it is domiciled. If the person sentenced is not domiciled within the territory of Romania, jurisdiction lies with the Court of appeal.
  

(2) when executing State Romania is, and the person convicted is located on the territory of Romania, the recognition and the bringing into force of the judgment submitted by the issuing State is within the competence of the Court of appeal in which the condemned person is domiciled territorial constituency. If the person sentenced is not domiciled within the territory of Romania, jurisdiction lies with the Court of appeal. When the person convicted is located in Romania, in the execution of a sentence, competence recognition and enforcement implementation belongs to the Court of appeal in whose constituency is situated the place of holding Court.
  

(3) when the State of enforcement is Romania, ARO near Bucharest Court of appeal is competent to receive the application to the issuing State in accordance with article 21(2). 161. In the case of art. 161 para. (9) the competent prosecutor's Office to receive the judgment and the certificate is that of the Court of appeal referred to in paragraph 1. (4).
  


(4) in the case referred to in article 1. 161 para. (9) the Court of appeal, the judge has taken the preventive measure or where the work of the Prosecutor's Office Prosecutor who has taken preventive measure is competent to recognise and put into execution the judgment transmitted by the issuing State.
  

(5) when Romania is issuing State and the person sentenced is in the territory of another Member State of the European Union, the competence to request of the latter State taking a preventive measure and the recognition and enforcement in the enforcement of the judgment of the Court of enforcement belongs to Romanian.
  

ARTICLE 143 jurisdiction of administrative authorities (1) the Ministry of Justice, through the direction of meets, where applicable, the powers laid down in article 21. 152 and 164, as well as any other duties provided for in this title.
  

(2) the International Cooperation Centre on Police Inspectorate General of Romanian police: a) ensure transfer, under escort from Romania in the State of enforcement, persons convicted, according to art. 146 paragraph 1. (3);
  

b) inform the direction of the Ministry of Justice, the Court of appeal and the Court of enforcement with regard to the transfer of the sentenced person from Romania in the State of enforcement;
  

c) at the request of the Court entrusted with the settlement of extraordinary appeal căîi ensure bringing, under escort, from the State of enforcement in Romania of the person transferred, except where the task of greening in the country rests with the State.
  

(3) the national administration of penitentiaries: a) inform persons convicted or privately owned prisons in Romania, to whom it may apply the provisions of this title, with respect to their right to seek enforcement of the death penalty in the State of enforcement;
  

b) ensure at the time of takeover of greening in the country of the person convicted, transferred under art. 146 paragraph 1. (1);
  

c) on receipt of a person in prison convicted transferred under art. 146 paragraph 1. (1), it shall inform the competent court of appeal and the direction of the Ministry of Justice: (i) with regard to the ownership regime for executing established and action taken, if applicable;
() when the person convicted escaped, and it was not possible to attach a;

d) on expiry of the term prison sentence, decided by the Court in the case of parole, as well as of any other date determined by competent judicial bodies in the cases specifically provided for by law, shall immediately notify the Ministry of Justice and the General Inspectorate of border police release convicted persons transferred under art. 146 paragraph 1. 1. The General Inspectorate of border police shall inform the direction of the Ministry of Justice, if within the time limit provided for in art. 157 lit. (c) the person has left) released in Romania;
  

e) if parole pardon remaining times left unfulfilled from punishment, shall communicate to the Directorate in the Ministry of Justice, the number of days left to run.
  

ARTICLE 144 the law governing the enforcement of (1) when Romania is enforcing State, the execution of a sentence or measure involving deprivation of liberty applied by a court decision, Romanian Court recognized, is governed by the Romanian law. The term of imprisonment is executed in the issuing State shall deduct from the total length of sentence or measure involving deprivation of liberty which should be executed in Romania. Amnesty or pardon may be applied both by the Romanian State and of the issuing State.
  

(2) when issuing State, Romania is the execution of a sentence or measure involving deprivation of liberty applied through a judicial decision recognised by the competent authority of the Member State of enforcement, shall be governed by the laws of the State of enforcement. Amnesty or pardon may be applied both by the Romanian State and the executing State.
  

(3) the provisions of article 4. 133 paragraph 2. (2) to (5) shall apply accordingly.
  

ARTICLE 145 (1) Transit passing through the territory of Romania of a person transferred from one Member State to another Member State of the European Union is hereby approved on behalf of the Directorate of the Ministry of Justice, on application by the requesting State.
  

(2) the application shall be formulated in writing and shall be accompanied by a copy of the certificate provided for in the annex. 5. Where the certificate is not accompanied by a translation into the Romanian language, the requesting State may ask for permission to transmit Romanian translation later. The competent Romanian authority to receive the request for transit is the International Center for Police Cooperation in the framework of the General Inspectorate of the Romanian police.
  

(3) it is not necessary to approve the transit, if the person is transported by air and there is no stopover in Romania. In the case of an unplanned transit stopovers, are approved on the basis of a request formulated verbally and certificate. Your request will be confirmed in writing within 24 hours, by the competent authority of the requesting State. Notwithstanding paragraph 1. (1), passing through the territory of Romania shall be approved by the General Inspectorate of border police.
  

(4) a penalty applied in Romania against the person referred to in paragraph 1. (1) do not constitute an impediment in terms of transit through the territory of Romania. The Court, the date of referral to the Division within the Ministry of Justice, the Centre for International Police Co-operation in the framework of the General Inspectorate of the Romanian police or organ to which lie to its enforcement mandate of enforcing the death penalty judgment times, check whether the person teaching may be required which will transit through the territory of Romania or putting in execution of the sentence or measure involving deprivation of liberty in the territory of the Member State in which the person is transferred.
  

(5) If the person who will face transit Romania's territory was issued a preventive arrest warrant or ordered a measure involving deprivation of liberty, the Prosecutor who conducts or supervises the prosecution or the Court as the cause of its referral specialist Directorate of the Ministry of Justice, the Centre for International Police Co-operation in the framework of the General Inspectorate of the Romanian police or organ to which lie to its enforcement mandate of enforcing the death penalty judgment times judicial process checks to see if the person teaching may be required which will transit through the territory of Romania or whether it can be applied to the Member State in which the person is transferred to the taking over of criminal prosecution or judgement.
  

(6) In accordance with paragraph 1. (1) the Ministry of Justice, through the direction, decides, on the basis of paragraphs prepared by International Police Cooperation Centre within the General Inspectorate of the Romanian police, regarding the request for transit, not later than 3 days following receipt thereof. The decision will be postponed until the receipt of the translation required under paragraph 1. 2. (7) costs of transit through the territory of Romania shall be borne by the requesting State, unless this would bear the costs of an application made by the Romanian authorities. In this regard, the Ministry of Justice may require an assurance of reciprocity.
  

(8) an application for transit the territory of another Member State concerning a person who is to be transferred from Romania in the issuing State to formulate the direction of the Ministry of Justice, the referral centre for International Police Co-operation in the framework of the General Inspectorate of the Romanian police or the issuing State.
  

ARTICLE 146 Transferring, under escort, to the person convicted (1) Transferring from the issuing State in Romania of a convicted person is held on the date fixed by mutual agreement between the competent authorities and to those of the issuing State, no later than 30 days after the final decision of backwardness. 154. (2) where unforeseeable circumstances impede the transfer of the convicted person within that period, the authorities referred to in paragraph 1. (1) you can contact each other without delay and shall set a new date. In this case, the transfer shall be made within 10 days of the new date thus fixed.
  

(3) Transferring from Romania in the execution of the convicted person in the execution of his sentence in a prison in Romania, takes place on the date established by mutual agreement between the International Police Cooperation Centre within the General Inspectorate of the Romanian police and the competent authority of the executing State, no later than 30 days after the final decision of whether given by the competent authority of the Member State of enforcement. The provisions of paragraphs 1 and 2. (2) shall apply accordingly.
  

ARTICLE 147 transfer of sentenced person Consequences when issuing State, Romania is putting into execution, where appropriate, punishment or measure involving deprivation of liberty or of the rest remained unfulfilled is the competence of the Court, whenever:


certificate of judgment) and are removed before the State of enforcement to put in execution the punishment or measure involving deprivation of liberty;
  

b) enforcing State refuses to recognise and put into execution the punishment or measure involving deprivation of liberty applied to Romanian Court;
  

c) enforcing State expressly waives its right of enforcement;
  

d) enforcing State shows that it can no longer perform the punishment or measure involving deprivation of freedom, whereas the person sentenced has escaped and was not found in its territory;
  

e) enforcing State shows that it cannot enforce the punishment or measure involving deprivation, whereas the person convicted was not found in its territory.
  

ARTICLE 148 (1) Expenses Expenses incurred in the transfer of the sentenced person, under escort from Romania, the issuing State shall be borne by the issuing State. The issuing State shall bear any other expenses incurred exclusively in its territory the previous transfer of sentenced person.
  

(2) expenses related to the transfer, the person under escort from Romania convicted in the State of enforcement shall be borne by the Romanian State. The Romanian State shall bear any other expenses incurred exclusively in its territory prior to the transfer of the sentenced person.
  

Application in time ARTICLE 149 (1) Romania, as the issuing State and the executing of this title, the provisions of recognition and execution of final judgments handed down both before and after the entry into force of this law.
  

(2) when a Member State of the European Union States that, as a State, did not apply to Council framework decision 2008/909/JHA of final judgments handed down before 5 December 2011, recognition and enforcement of judgments in the territory of the Romanian State is requested according to the procedure laid down in title V.
  

(3) the provisions of title V shall apply when the issuing State is a Member State of the European Union, which says it does not apply to Council framework decision mentioned in paragraph 1. (2) definitive judgments handed down before 5 December 2011.
  

CHAPTER II entry into the territory of Romania of the execution of sentences or measures involving deprivation of liberty applied by courts of other Member States of the European Union section 1 common provisions ARTICLE 150 general judgments handed down by courts of other Member States of the European Union shall be recognised and shall be performed in Romania on the basis of the principle of mutual trust and in accordance with the provisions of this chapter If you are capable of producing legal effects according to the criminal law and not contrary to public policy of the State.
ARTICLE 151 the grounds of non-recognition and non-enforcement (1) a judgment given in another Member State of the European Union will not be recognized and enforced in Romania, even if the conditions laid down in article 21. 155, when: (a) the person has been sentenced) in Romania for the same offences. Where the judgment was given străînă and for other criminal offences, the Court may order the partial recognition of it, if other conditions are met;
  

(b) the sentenced person) in another State for the same offences, while străînă judgment given in that State was previously recognized and put into execution on the territory of Romania;
  

(c) the person shall) condemned Romania immunity from criminal jurisdiction;
  

d) punishment has been applied to a person who is not criminally according to the Romanian criminal law;
  

e) punishment consists of a measure consisting in the psychiatric or medical assistance that cannot be enforced in Romania or, where appropriate, provides medical or therapeutic treatment which cannot be surveyed in Romania, in accordance with the national legal system or health;
  

f) where, under criminal law, there was prescription sentence;
  

g) when the person convicted was not present at the trial, unless the issuing State that, in accordance with its legislation: (i) the person has been încunoştinţată in a timely manner, through subpoena written notification delivered personally or by telephone, fax, e-mail or any other similar means, in respect of the day, month, year and place of the appearance and the legal consequences in case of failure; or () a person, having no knowledge of the day, month, year and place of the appearance, his lawyer has mandated's chosen or appointed ex officio to represent it, and legal representation to the Court's judgment was carried out effectively by the lawyer; or (iii) after i was personally handed a judgment and sentence was încunoştinţată that the decision is subject to judicial review, during which the competent authority may verify the contested including on the basis of new evidence, and that, following the settlement of căîi, at which the prosecution may attend personally, the judgment of conviction may be broken, the person convicted be expressly abandoned at appeal or not declared, within the period prescribed by law, that remedy.

(2) a judgment given in another Member State of the European Union will not be recognized or if it has been recognized, it will not be put in execution, when, according to the Romanian law, there was amnesty, pardon, deed, and decriminalization in any other cases provided by law.
  

(3) on a case by case basis, taking into account the specific circumstances of the case, and after consultation with the competent authority of the issuing State, the Court may refuse recognition and enforcement of judgment submitted by the issuing State if: a the person researched) Romania is for the same criminal offence for which he was convicted in străînătate. Where the judgment was given and for other criminal offences, the Court may order the partial recognition of it, if other conditions are met;
  

b) when issuing State rejected the request made pursuant to article 4. 158 para. (1) Article 152 of the Ministry of Justice Ministry of Justice Powers, through the specialized Directorate is competent: a) to receive the judgement and the certificate referred to in the annex. 5, transmitted by the issuing State, translated into Romanian language, except where the provisions of article 7 shall apply. 161 para. (9);
  

b) in the case of persons convicted in other Member States of the European Union, in the execution of a sentence, to receive their applications to initiate the procedure for the transmission by the issuing State of the judgment and the certificate;
  

(c) to request the issuing State), ex officio or at the request of the convicted person to submit to the judgment and the certificate;
  

d) to consult, ex officio or at the request of the competent court, with the competent authority of the issuing State;
  

e) for control of regularity and request, as applicable: (i) completion or correction;
() the statement of the person convicted;
(iii) notification thereof, referred to in the annex. 6;
(iv) where the punishment imposed is a measure involving deprivation of liberty, a copy of any report or any other forensic findings or any other medical documents attesting to the physical and mental condition of the person, treatment followed by it in the territory of the issuing State and any recommendations for further treatment in Romania;

f) suspend transmission to the competent Romanian Court of the judgment and the certificate, when the certificate is incomplete or does not correspond to the judgement of the times missing one of the documents referred to. e), point (iii) and (iv);
  

g) to reimburse the judgment and the certificate, if the issuing State has not sent the documents referred to. f), until the expiry of a period of 60 days;
  

h) to ascertain the domicile of the person convicted, in order to establish the authority referred to in article 21. 142;
  

I) refuse the initiation of proceedings for recognition of foreign judgment, when, on the date of receipt thereof, the convicted person from the punishment imposed remained to run less than 6 months, unless the person sentenced is located on Romanian territory;
  

j) inform the competent authority of the issuing State in respect of the arrangements made under art. 153 paragraph 1. (1);
  

k) to communicate, at the express request of the issuing State, information on conditional release of the person convicted.
  

SECTION 2 of the transfer of sentenced persons, held in other Member States of the European Union, in order to execute the sentence or measure involving deprivation of liberty in a prison or health unit from Romania ARTICLE 153 Measures leading up to the referral to the Court


(1) where it is found that the issuing State has transmitted the judgment and the certificate referred to in the annex. 5, and, where appropriate, the information referred to in article 1. 152 lit. e) (them) to (iv), the Ministry of Justice, through the direction, forward them to the Prosecutor of the Court of appeal in whose constituency the condemned person reside, for the purposes of referral to the Court of appeal. The appeal court is made not later than 20 days after the date of registration of the case Prosecutor.
  

(2) the Prosecutor received folder, check whether: a) the execution of the judgment submitted by the issuing State in Romania would be contrary to the principle of non bis in idem;
  

(b) the person is investigated) condemned Romania for the same criminal offence for which he has been pronounced the judgment transmitted by the issuing State;
  

(c) the person is investigated) convicted criminal in Romania for crimes other than those for which it was handed down judgment transmitted by the issuing State. If appropriate, shall inform the Prosecutor who conducts or supervises the prosecution or the Court as the cause for resolution on the effects of the speciality rule and, when they are not incidental articles 155 para. (1) (a). a), b), d) and (e)), requesting the transmission of the information referred to in article 1. 86 para. (1);
  

d) is one of the reasons for the incident of non-recognition and non-enforcement provided for in article 10. 151. (3) the information required under paragraph checks. (2) (a). b) and (c) shall be communicated to the Prosecutor), no later than 5 days from the date of receipt of the request.
  

(4) where paragraphs are incidental. (2) (a). (c)), shall inform the Prosecutor who conducts or supervises the prosecution or the Court as the cause for resolution, relating to the right of the person convicted to apply the rule of speciality, according to art. 157. (5) If, on the date of referral to the Court, the issuing State shall withdraw the certificate, the Prosecutor has rank and return the folder the Directorate under the Ministry of Justice.
  

ARTICLE 154 the duration and the purpose of the court proceedings for the recognition and enforcement of judgment (1) the President of the Court or the judge delegated for this fixed term, which shall not be more than 10 days from the date of registration of the case to the Court. The duration is 30 days from the date of registration of the case to the Court, except where the provisions of article 7 shall apply. 158 para. 1. In this case, the duration is 60 days from the date of registration of the case to the Court.
  

(2) Court judges completely consisting of a single judge, in camera, without the attendance of the person convicted. The Prosecutor's participation is mandatory.
  

(3) the object of the proceedings is the verification of the conditions set out in art. 155, and if they are met, the bringing into force of the judgment submitted by the issuing State. Civil provisions, the provisions concerning precautionary measures the monetary penalties, or judicial expenses, and any provisions of the Decree transmitted by the issuing State, other than those relating to the execution of the prison sentence or measure involving deprivation of liberty, not covered by the present proceeding.
  

(4) where a person has been convicted of several offences, checking is done for each offense. When the conditions are met for only a part of the offence, the Court may order a partial recognition of the judgement. In this case, the previous pronouncement of the sentence specified in paragraph 2. (6) the Court shall require the issuing State, directly or through specialized Directorate of the Ministry of Justice, to indicate whether and under what circumstances agrees to partial recognition, and if they withdraw the certificate.
  

(5) If, before the final resolution of the case, the issuing State shall withdraw the certificate, the Court shall reject the application as unsupported.
  

(6) the Court shall examine the judgment străînă, check the file and works on the basis of its findings, pronounce one of the following solutions: a) has, by sentence, execution of punishment applied in Romania of a Court of the issuing State;
  

b) where the nature or duration of the penalty imposed by the Court străînă does not correspond with the nature or duration of the penalty prescribed by the criminal law for offences similar to Romanian, adapted, by sentence, the punishment imposed by a Court of the issuing State, in accordance with paragraph 1. (8) and (9);
  

c) has, by sentence, rejecting the application for execution of judgment in Romania submitted by the issuing State.
  

(7) for reasons of one of the solutions provided for in paragraph 1. (6) the Court may inspect, either directly or through specialized Directorate within the Ministry of Justice, the competent authority of the issuing State, without the consultation procedure to extend the period referred to in paragraph 1. (1) (8) in the case referred to in paragraph 1. (6) (a). (b)), the Court shall adjust the punishment imposed by the decision of the issuing State, when: (a) does not correspond to its nature), the designation or of the regime, with the penalties stipulated by the Romanian criminal law;
  

b) its duration exceeds, where appropriate, the maximum penalty provided for by the penal law for the same offence or Romanian limit General maximum prison sentence provided for by the Romanian Penal Law times when the duration of the resulting penalty imposed where a crime exceeds the total of the penalties laid down for concurrent offences or the maximum permissible overall prison sentence of Romanian Penal law. Adaptation of the court sentence imposed by a Court of the issuing State shall consist in reducing the penalty up to the maximum limit allowed by Romanian Penal law for similar offenses.
  

(9) the penalty established by the Romanian Court pursuant to paragraph 1. (6) should correspond as far as possible, from the standpoint of nature or duration with that applied by the issuing State and will not aggravate the situation of the person sentenced. The punishment imposed in the issuing State may not be converted into a pecuniary punishment.
  

(10) the sentence referred to in paragraph 1. (6) will be issued within 10 days of the pronouncement and shall be communicated to the person convicted or by the designated authority of the issuing State.
  

(11) Against the decision under paragraph 1. (6) may appeal within 10 days, the Prosecutor and the convicted person. For the District Attorney, the time limit runs from the date. For the person convicted, the period runs from the communication of the copy on your device. The dossier will be forwarded to the Court of appeal within three days and the appeal shall judge in 10 days, in the Council Chamber, without summoning the convicted person. The presence of the Attorney is compulsory.
  

(12) the implementation of the execution of the punishment shall be made according to the provisions of the code of criminal procedure. The Court shall communicate the final judgment and a copy of the mandate for the implementation of the death penalty to life imprisonment or prison sentence or, where appropriate, the competent authority of the issuing State, the International Police Cooperation Centre within the General Inspectorate of the Romanian police, as well as in hard copy, the Directorate under the Ministry of Justice. Final judgement referred to in paragraph 1. (6) (a). (c) shall be communicated to the competent authority) of the issuing State and the specialized Directorate within the Ministry of Justice.
  

(13) If, after the issuance of the mandate of enforcing the death penalty commuted to life imprisonment or imprisonment, issuing State: a) withdraws the certificate, the court ordering his execution of prison sentence or imprisonment for life. In this case, the Romanian court sentence to produce legal effect only as regards the State of relapse, apart from if the withdrawal of the certificate has been issued on the grounds of applying amnesty times due to the fact that it was subsequently established that the person is not guilty of committing the offence or as a result of the death of the person convicted;
  

b) transmits a new certificate for the execution of punishments, other provisions of the code of criminal procedure regarding opposition to execution, which are not contrary to the provisions of this title shall apply accordingly. In this case, the Court of enforcement is the Court of appeal which ruled the sentence referred to in paragraph 1. 6. (14) where, after the transfer of the convicted person, the issuing State transmits a new certificate for the execution of another punishment, article 4. 159 shall apply accordingly.
  

(15) where the Court refused recognition of the judgment submitted by the issuing State, the application of the person convicted or the issuing State may be re-examined if new information emerged.
  

ARTICLE 155 special conditions for recognition and enforcement of foreign judgment (1) Romanian Court recognize and enforce the judgment transmitted by the issuing State if the following conditions are met:
  


the decision shall be final) enforceable;
  

b) for which the Act applied the penalty would be set up, where they had been committed on the territory of Romania, and the author of a crime would have been sancţionabil. Where the penalty was applied for several offences, checking of the condition is made for each offence;
  

c) Romanian citizenship the person sentenced;
  

d) condemned person agrees to carry out the punishment in Romania. Consent is not required when the person convicted is Romanian citizen and lives in Romania or, though it lives on the territory of Romania, will be expelled in Romania. If necessary, in relation to age with physical or mental condition of the person convicted, consent may be given by its representative;
  

e) are one of the reasons for the incident of non-recognition and non-enforcement provided for in article 10. 151. (2) the judgment transmitted by the issuing State may be recognized and put into execution and where the person sentenced does not have Romanian citizenship, but lives in Romania and has a continuous and legal residence in the territory of Romania for a period of at least five years and will not lose the right of permanent residence in Romania. The consent of the sentenced person is required.
  

ARTICLE 156 the enforcement of the foreign judgment as a result of the european arrest warrant (1) where, under art. 97 para. (2) teaching a Romanian citizen from Romania, under a european arrest warrant, was carried out under the condition of the transfer thereof, in the case of conviction in order to execute his sentence in a prison medical unit from Romania, the consent provided for in art. 155 para. (1) (a). d) is no longer necessary.
  

(2) Transferring in Romania, in order to execute the sentence, shall be made on the basis of the certificate set out in annex 4. 5 and the judgment submitted by the issuing State.
  

(3) acquisition of a person convicted under escort, receiving and keeping its prisons are made on the basis of the sentence which has previously ordered handover person convicted and, if appropriate, of the decision by which the consent was given to its research and for other crimes than those which were the subject of the first sentence. Keeping in prison under this judgment is made for a period which cannot exceed 90 days from the date of taking over of the person convicted. The period of 90 days shall be deducted from the punishment meted out to the person convicted.
  

(4) After the transfer of the convicted person in Romania, bringing into force the judgment handed down by the Court of the issuing State shall be made by the competent Romanian Court, under art. 160. (5) the provisions of this article shall apply only if the judgment and the certificate shall be sent by the issuing State no later than 3 months after the date on which the judgment can be enforced. Where the certificate and judgement are passed after the expiry of that period, shall apply the provisions of article 4. 154. Article 157 of the speciality Rule the person moved to Romania in another Member State of the European Union cannot be criminally investigated or sanctioned by another prison sentence for a previous offence of his transfer, other than that for which it is transferred, unless the person has been convicted of) agreed to be transferred to Romania; or (b) the sentenced person has) the right to apply to the rule of speciality in respect of crimes committed earlier transfer in Romania. If the person sentenced in Romania, transferred to the Prosecutor who conducts or supervises the prosecution or the court hearing the person convicted shall, in the presence of the lawyer chosen or appointed ex officio. The Declaration shall be recorded in writing and signed by the person convicted, Attorney, criminal investigation body times the presiding court and Registrar, as well as an interpreter, when the statement was made through an interpreter. Declaration of waiver of the rule of specialty is irrevocable; or c) has not left the person sentenced in Romania within 45 days of his final implementation in freedom, although they may have permission to leave the territory of Romania or, although it emerged from Romania during this period of time, returned later, willingly, or was brought back, legally, from a third country; or d) is not sanctioned by Act of law or Romanian a measure involving deprivation of liberty or criminal investigations do not have as a consequence the application of a measure restricting personal liberty; or e) person convicted could be punishable by a penalty or a measure not involving deprivation of liberty, in particular a pecuniary penalty or an equivalent measure, even if the penalty or measure may give rise to a restriction of personal freedom; or f) in any situations other than those referred to in subparagraph (a). a)-(e)), when the issuing State agrees that the person to be criminally investigated or punished for an offence committed previously to its transfer.
  

ARTICLE 158 the procedure of issuing State consent application (1) where the provisions of article 3 are not incidental. 157 lit. a), d) and (e)), the application for the grant of consent shall be formulated by the appeal court seised under art. 154, ex officio or upon a proposal from the Prosecutor. The application for the consent includes information referred to in article 1. 86 para. (1) submitted by the Prosecutor who conducts or supervises the prosecution or the Court as the cause for resolution. The application for the consent of translates a sworn translator and is transmitted directly or through specialized Directorate within the Ministry of Justice to the competent authority in the issuing State. In this case, the Court of Appeal's judgment and cause fixed postponed a trial period which cannot be less than 15 days from the date of forwarding the application to the competent authority in the issuing State.
  

(2) if the person convicted transferred to Romania, when they are not incidental articles 157 lit. a)-(e)), the application for the grant of consent shall be formulated by the competent authority, according to art. 88 para. (3) the application for the consent includes information referred to in article 1. 86 para. (1) translates a sworn translator and is transmitted directly or through specialized Directorate within the Ministry of Justice to the competent authority in the issuing State.
  

(3) Guarantees required by the issuing State must be provided by the requesting judicial authority, except as provided in article 13. 90 para. (2) section 3 of the recognition and enforcement of judgments given in other Member States of the European Union, where the condemned is in straight Romania ARTICLE 159 Measures leading up to (1) where it is found that the issuing State has transmitted the judgment and the certificate referred to in the annex. 5, and, where appropriate, the information referred to in article 1. 152 lit. e) (them) to (iv), the Ministry of Justice, through the direction, forward them to the Office, the competent court of appeal.
  

(2) the provisions of paragraphs 1 and 2. (1) does not apply in the case referred to in article 1. 161 para. 9. (3) where the Prosecutor, from the checks carried out under art. 153 paragraph 1. (2) finds that the person has been convicted and in Romania and is in the service of probation records, inform the competent probation service concerning the application of the enforcement regime of detention, the prison sentence of life imprisonment or of the custodial measure formulated by the issuer or the person sentenced.
  

(4) the provisions of article 4. 153 paragraph 1. (4) shall apply accordingly.
  

ARTICLE 160 the procedure for recognition and enforcement of the penalty or measure involving deprivation of liberty (1) referral to the Court is made not later than 15 days from the date of registration of the case or at least 5 days prior to the expiry of the measure of detention ordered under art. 161 para. (9) the Court or the judge President delegate of this fixed term, which shall not be greater than 3 days following the date of registration of the case to the Court. The duration is 30 days from the date of registration of the case to the Court.
  

(2) Court judges completely consisting of a single judge, in the Council Chamber, with the attendance of the person convicted. The Prosecutor's participation is mandatory.
  

(3) the object of the proceedings is the verification of the conditions set out in art. 155, and if they are met, recognition and enforcement of foreign judgments to the enforcement of the judgment. Civil provisions, the provisions concerning precautionary measures the monetary penalties, or judicial expenses, and any provisions other than those relating to the execution of the punishment of imprisonment for life or imprisonment or measure involving deprivation of liberty, of străînă judgment, not covered by the present proceeding.
  


(4) where a person has been convicted of several offences, checking is done for each offense. When the conditions are met for only a part of the offence, the Court may order the partial recognition of foreign criminal judgment. In this case, the previous pronouncement of the sentence specified in paragraph 2. (7) the Court shall request the issuing State, directly or through specialized Directorate within the Ministry of Justice, to specify in what circumstances agrees to partial recognition and if they withdraw the certificate.
  

(5) at the request of the issuing State, or of its own motion, the Court may take, before pronouncing the sentence referred to in paragraph 1. (7) one of the preventive measures provided for in the code of criminal procedure. The duration of the preventive measure may not exceed 60 days. Preventive measures shall cease as from the expiry of the period prescribed by the regulations established by the judicial organs times or when, before the pronouncement of a judgment for recognition of foreign judgment, the duration of detention in custody reached duration prison sentence imposed in străînătate. The provisions of article 161 para. (2), (5), (6) and (8) shall apply accordingly.
  

(6) If, before the settlement of the case, the issuing State shall withdraw the certificate, the Court shall reject the application as unsupported.
  

(7) the provisions of article 4. 154 paragraph 1. (5) to (9), (13) and (15) apply accordingly. The sentence will be issued within 10 days from the date of pronouncement. Can appeal against the sentence within 10 days, the Prosecutor and the convicted person. For the District Attorney, the time limit runs from the date. For the person convicted, the period runs from the date or, in the case of lacking both in the debates, as well as from the date of the notification, the copy on your device. The dossier will be forwarded to the Court of appeal within three days and the appeal shall judge in 10 days, in the Council Chamber, with the attendance of the person convicted. The presence of the Attorney is compulsory.
  

(8) the final judgement shall be notified to the competent authority of the issuing State and the specialized Directorate within the Ministry of Justice. The bringing into force of the sentence or measure involving deprivation of liberty shall be made according to the provisions of the code of criminal procedure.
  

(9) the provisions of article 4. 135 para. (15) shall apply accordingly.
  

ARTICLE 161 preventive measures taken earlier judgement and transmission of the licence (1) at the request of the issuing State, against the person sentenced may take, prior to transmission, the judgement and the certificate set out in annex 4. 5, one of the preventive measures provided for in the code of criminal procedure.
  

(2) the application shall state the offence for which the person was convicted, the date and place where the offence was committed, the punishment imposed, and semnalmentele, as precise as possible. The application must also include a description of the crimes committed.
  

(3) in order to identify, search, location and captures the person convicted, Prosecutor under article 13. 142 paragraph 2. (3) may apply to the lease, according to the criminal procedure code.
  

(4) where, under the code of criminal procedure, a preventive measures within the competence of the Prosecutor, the judicial organ competent to dispose over the preventive measure is within the Prosecutor's Office in the Court of appeal within whose territorial constituency was the person convicted. When, according to the code of criminal procedure, taking preventive measure is a matter for the judge, the judicial organ competent to dispose over the preventive measure is the judge of the Court of appeal within whose territorial constituency was the person convicted.
  

(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 crime, health, age, history, and other circumstances relating to the person against whom the measure is taken.
  

(6) the measure of arrest can be taken against the person convicted if the crime committed is part of one of the categories of offences under article 4. 96 para. (1) and there is one of the following situations: a convicted person) ran out of the issuing State, in order to be exempt from prosecution, trial or enforcement of penalty and took refuge on the territory of Romania; or (b)) the punishment imposed by the Court or the rest of the remaining străînă executed is at least a year in prison.
  

(7) the duration of preventive measure may not exceed 180 days. Preventive measures: a law ceases) at the expiry of the statutory or judicial bodies established; or b) where, before pronouncing a judgment for recognition of foreign judgment, the duration of detention in custody reached duration prison sentence imposed in străînătate; or c) where, within 30 days from the date of arrest, the issuing State has not passed the judgment and the certificate referred to in the annex. 5. (8) the legal position of the person convicted cannot be compounded the effect of duration of custodial preventive measure applied by the Court.
  

(9) where the application for the issuing State was admitted, the judicial body that has taken preventive measure as soon as the competent authority requested the transmission of the judgement and the certificate and shall inform the public prosecutor's Office attached to the Court of appeal in Bucharest and the direction of the Ministry of Justice. If the measure has been ordered to arrest, the judgment and the certificate, translated into Romanian language, shall be sent within 15 days from the date of arrest.
  

(10) where the issuing State's request was rejected or the person convicted has not been found on the territory of Romania, ARO near Bucharest Court of appeal shall so inform the competent authority of the issuing State and direction of the Ministry of Justice.
  

ARTICLE 162 Obligations in connection with informing the issuing State (1) the appellate court shall be the competent authority in the issuing State with respect to: (a) practical impossibility to) enforce the punishment or measure involving deprivation of liberty when: (i) the person against whom the enforcement mandate of the penalty provided for in art. 160 is not found;
() the person convicted has escaped from the prison in which execute in punishment;

b) application of amnesty or pardon, according to the Romanian law;
  

(c)) date of parole and the fulfilment date duration of punishment.
  

(2) in the case referred to in paragraph 1. (1) (a). the) point (), lit. b) and (c)), the issuing State shall communicate to the rest of the punishment remained unfulfilled.
  

ARTICLE 163 changes in enforcement of the penalty or measure involving deprivation of liberty (1) when the incident article 162 para. (1) (a). and there is the reasonable assumption) that the person sentenced has fled the territory of Romania, the appellate court may waive the right of enforcement of the penalty or measure involving deprivation of liberty.
  

(2) the termination by the Romanian State sentence or measure involving deprivation of liberty occurs whenever the issuing State shall inform his decision in this regard.
  

CHAPTER III recognition and enforcement in another member state of the European Union, Romanian judgments by which have been applied to the custodial section 1 transfer of convicted persons held in a prison medical unit from Romania, for the purpose of sentence in other Member States of the European Union ARTICLE 164 Ministry of Justice Powers if transferring from Romania in another Member State of the European Union of a convicted person in the execution of a sentence or measure involving deprivation of liberty, the Ministry of Justice, through the specialized Directorate is competent: a) to receive the request for initiation of the procedure for the transmission by the State of enforcement of the judgement and the certificate set out in annex 4. 5;
  

b) to complete the certificate provided for in the annex. 5 and transmit it together with the judgment of the competent authority of the executing State;
  

c) require a sworn translator translate certificate and, where appropriate, of the judgment, as well as any other additional information;
  

d) require the State of enforcement, or no later than the submission of the certificate, the legal provisions relating to early release or parole, as well as information on their application in the case of the punishment to which the person was convicted;
  

e) to notify the person condemned the decision concerning the transmission of judgment and the certificate;
  

f) to inform the person convicted of executing State's decision regarding the execution of the death penalty;
  

g) require, ex officio or at the request of the competent Romanian judicial authority, withdrawal of the certificate referred to the executing State;
  

h) to inform the State of enforcement with regard to amnesty or pardon granted after the transfer of the person convicted;
  


I) to communicate the State of enforcement requested additional information.
  

ARTICLE 165 of the enforcement State Consultation (1) the Ministry of Justice, through the specialized Directorate, shall consult with the competent authorities of the executing State whenever necessary. Consultation can be carried out regardless of whether the initiating the transmission of the judgement and the certificate has been requested by the person convicted or by the State of enforcement.
  

(2) Consultation is mandatory in the case referred to in article 1. 166 para. (1) (a). b) and (c)).
  

(3) where in consultation and communication transmitted by the competent authority of the executing State are found to serving in the State of enforcement would not serve the purpose of facilitating the social rehabilitation and reintegration into society, the Ministry of Justice, through the direction of the person convicted, communicates and, where appropriate, the Court of execution or the Court in whose district lies the site of the detention decision.
  

ARTICLE 166 Conditions for transmission, in order to execute the judgment, (1) any person convicted in Romania may request either directly or through a judge-delegate for the execution of sentences involving deprivation of liberty, designated for the prison in which they are located it, initiating the transmission by the State of enforcement of the judgment and the certificate set out in annex 4. 5, if you are in one of the following situations: a) is a citizen of the State of enforcement and lives in its territory; or b) is a citizen of the State of enforcement, does not live in its territory, but will be ejected in their respective territories; or c) does not fit into one of the assumptions referred to in the a and b)), but wants to be transferred to the executing State.
  

(2) where the person convicted holds citizenship of two Member States of the European Union, as well as when living in the territory of a State other than the State whose citizen he is, it will be noted in the application of the two States wish to be transferred. The judgment and the certificate shall be transmitted to a single State of execution, once.
  

(3) Proceedings shall not be initiated when he ordered the postponement or interruption of the execution of the prison sentence of life imprisonment or death penalty amendment removal times. At the same time, the procedure is initiated when the person convicted has been stolen from the execution of punishment, leaving the country, and for the bringing into force of the judgement was used previously in the procedure of extradition or the european arrest warrant.
  

(4) the request referred to in paragraph initiation. (1) does not involve the obligation of transmission performance of State judgement and execution state certificate when: a) having consulted under article 4. 165, must be assessed, either of the State of enforcement, either by the competent Romanian authorities that the execution of the death penalty in the State of enforcement would not serve the purpose of facilitating the social rehabilitation and reintegration into society of the person convicted; or b) until the date of the initiation of proceedings, the person convicted has not paid the fine, fine, judicial expenses advanced by the State, the appropriate parties and civil remedies; or (c) the person has been convicted of) executed less than 6 months jail or conditioning could be released before the death penalty within the next 6 months; or d) the judgment is not final or against the person convicted has exerted an extraordinary path of attack; or e) person convicted is investigated in a separate criminal case; or f) person was sentenced for serious crimes which had a profound effect on echo in public opinion in Romania; or g) maximum penalty laid down by the law of the issuing State is lower than the maximum prescribed by the Romanian Penal law.
  

(5) Notwithstanding the provisions of paragraph 1. (3) and paragraphs 2 and 3. (4) (a). the-c)), f) and (g)), the application initiating the proceedings referred to in paragraph 1. (1) draw the obligation to transmit the judgment and the certificate of the State of enforcement, where the person convicted was taught previously, under a european arrest warrant issued by a Romanian court or request for extradition made by the Ministry of Justice, provided that, in the event of conviction, the person to be returned to the executing State.
  

ARTICLE 167 proceedings before a judge-delegate for the execution of custodial sentences (1) Judge-delegate for the execution of custodial sentences, designated for the penitentiary that sits the person convicted, shall verify that the conditions laid down in article 21. 166 para. (3) and (4), and in the case of: (a)) of persons who have been taught previously in the basis of extradition requests formulated by the Ministry of Justice or European arrest warrants issued by the courts, if extradition or handover was achieved under the condition of return in case of conviction, making mention of it in the conclusion referred to in paragraph 1. (4);
  

b) if the person convicted is agreed to be transferred to the executing State. To this end, the judge delegated for execution of sentences involving deprivation of liberty, designated for the prison in which the condemned person, listens to that person, the place of detention, in the presence of a lawyer appointed or elected and ex officio, if the person convicted shall require express, diplomatic or consular representative of the State of enforcement, and lists in this respect a protocol signed by the judge, the person sentenced and lawyer. The consent of the person sentenced is irrevocable;
  

c) if compared to the person sentenced was the measure of expulsion;
  

d) where the person convicted was not present in court, if he or she: (i) was încunoştinţată in a timely manner, through subpoena written notification delivered personally or by telephone, fax, e-mail or any other similar means, in respect of time, day, month, year and place of the appearance and the legal consequences in case of failure; or (them) taking cognizance of the hour, day, month, year and place of the appearance, his lawyer has mandated's chosen or appointed ex officio to represent it, and legal representation and defence in front of the Court have been carried out effectively by the lawyer; or (iii) after i was personally handed a judgment and sentence was made aware that according to the law, that decision is subject to appeal, will be able to be checked including on the basis of new evidence, and that, in the event of acceptance of căîi the attack, will be disbanded, either abandoned the appeal, or not stated , within the period prescribed by law, that remedy.

(2) where, in the light of the circumstances of the case, considers necessary for the execution of the delegated judge, sentences involving deprivation of liberty, designated for the prison in which the condemned person, requesting: (a) social reinsertion) Department within the prison to prepare a paper for the evaluation of the person convicted, establishing for this purpose a term which may not exceed 10 days;
  

b the Directorate) Ministry of Justice consulted the competent authority of the Member State of enforcement with regard to the possible release of the convicted person or the other elements contingent upon required verification of fulfilment of the conditions laid down by law.
  

(3) where it finds that the convicted person does not meet the requirements to be transferred from Romania in the enforcing State, judge-delegate for the execution of custodial sentences, designated for the penitentiary that sits the person convicted, shall, where appropriate, a time limit for the review of the situation of the person sentenced, which may not be less than one year, and shall so inform the person convicted and the Ministry of Justice.
  

(4) the judge delegated for execution of sentences involving deprivation of liberty, designated for the prison where the convicted person has, by a reasoned conclusion. The conclusion of the person convicted shall be notified within two days of delivery. Against the closure of the person sentenced may bring opposition from court in whose district lies the prison within three days of conclusion of the communication. The dossier will be forwarded to the competent court within three days, while the opposition is judge in 10 days, in the Council Chamber, with the attendance of the person convicted. The presence of the Attorney is compulsory. Judgment of the Court is final.
  

(5) termination of a judge-delegate for execution of sentences involving deprivation of liberty, designated for the prison in which the convicted person or the Court judgment, the report referred to in paragraph 1. (1) (a). (b)), the judgment of conviction, and any other additional information needed for filling in the certificate set out in annex 4. 5 shall be transmitted to the specialized Directorate of the Ministry of Justice.
  


(6) the procedure laid down in this article is urgent and is carried out in particular.
  

ARTICLE 168 Transferring, under escort, to the person convicted from Romania in the State of enforcement (1) the Ministry of Justice shall communicate the final decision of the Member State of enforcement Police Cooperation Centre within the General Inspectorate of the Romanian police, the National Administration of penitentiaries, the person convicted and the judge delegated for execution of sentences involving deprivation of liberty, designated for the prison where the convicted person.
  

(2) a person convicted is transferred from Romania in the enforcing State, no later than 30 days after the date on which the final decision of the Member State of enforcement has been notified to the Ministry of Justice.
  

(3) If, for reasons beyond the control of either of the States, the transfer cannot be completed within the period referred to in paragraph 1. (2) Police Cooperation Centre within the General Inspectorate of the Romanian police shall specify 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 by mutual agreement.
  

(4) If, subsequent to the transfer, the State of enforcement wishes the person transferred being prosecuted, convicted or punished with another prison sentence for a previous offence of his transfer, other than that for which it is transferred, the competence of solving its application belongs to the Bucharest Court of appeal.
  

(5) In the situation referred to in paragraph 1. (4) the President of the Court or the judge delegated for this fixed term, which shall be 5 days from the date of registration of the case to the Court. Court judge in full consisting of a single judge, in the Council Chamber, without summoning the person convicted, with the participation of the Prosecutor. The subject of the proceeding is the verification of the conditions set out in art. 166 and whether any of the reasons for the incident. 151. the Court decides by sentence. The sentence is not subject to any appeal. After a copy of the ruling shall be communicated to the minute the specialized Directorate within the Ministry of Justice, with a view to submission to the issuing State and the person convicted. After drafting the judgment, it shall communicate its determination as a whole. The judgment shall be made available within 30 working days from the date of pronouncement.
  

SECTION 2 of the bringing into force of the sentence commuted to life imprisonment or imprisonment or measure involving deprivation of liberty, where the person convicted is not on the territory of Romania ARTICLE 169 Conditions for transmission of the judgment (1) recognition and enforcement of a judgment given by a Romanian court may be requested in another Member State of the European Union: a) without the consent of the person convicted and regardless of the opinion of the State of enforcement If it holds the citizenship of the State of enforcement and: (i) the place of business or permanent residence in the State of enforcement, including where the person sentenced has returned or has fled to this home or at the residence as a result of the criminal proceedings pending in Romania or judgement handed down in Romania; or () was expelled in the enforcing State, after the execution of punishments or other measures involving deprivation of liberty on the basis of a decision of expulsion or prohibition of residence;

b) with the consent of the person convicted and only if the State of execution filed a statement to this effect, if it does not hold the citizenship of the State of enforcement, but has a continuous and legal residence in the territory of that State for a period of at least five years and does not lose as a result of that conviction, the right of permanent residence; or c) with the consent of the person convicted and the executing state when, although there are incidences the provisions of subparagraph (a). the a and b)), it has a very close connection with the State of enforcement, and the enforcement of judgement in this State is likely to facilitate the rehabilitation and social reintegration of the convicted person.
  

(2) the recognition and enforcement of a judgment given by a Romanian court may be requested in another Member State of the European Union whenever they were not willing to postpone or interrupting the sentence commuted to life imprisonment or removal or modification times prison sentence.
  

ARTICLE 170 of the enforcement powers of Court (1) where the information provided by the police show that the person against whom the execution mandate life imprisonment or prison sentence or pronounced judgment has left the territory of Romania, the Court, ex officio or at the request of the Prosecutor, the competent authority may require the introduction of police reports in the Schengen information system in order to communicate to the domicile or residence of the person convicted.
  

(2) in the case of the dossier or of the information communicated by the body which is located towards the execution of the penalty enforcement mandate or the judgment it appears that the convicted person has his domicile or permanent residence in the territory of another Member State shall enjoy a right of permanent residence in its territory, the Court of execution: a) check whether the conditions laid down in article 21. 166 para. (4) (a). c-g)), which in this sense a paper;
  

(b)) shall, in respect of persons who have previously been taught under European arrest warrants issued by the Romanian courts or requests for extradition made by the Ministry of Justice, where teaching was carried out under the condition of return in case of conviction, making mention of this in the report referred to in subparagraph (a). a);
  

c) where the person convicted was not present at the trial, the Court of enforcement checks the works file to ascertain whether: (i) the person convicted has been încunoştinţată in a timely manner, through subpoena written notification delivered personally or by telephone, fax, e-mail or any other similar means, in respect of time, day, month, year and place of the appearance and the legal consequences in case of failure; () or the person sentenced, having knowledge of the hour, day, month, year and place of the appearance, his lawyer has mandated's chosen or appointed ex officio to represent it, and legal representation and defence in front of the Court have been carried out effectively by the lawyer; or (iii) the person convicted, after i was personally handed a judgment and sentence was made aware that according to the law, that decision is subject to appeal, will be able to be checked including on the basis of new evidence, and that, in the event of acceptance of căîi the attack, will be disbanded, be expressly abandoned at appeal or not declared, within the period prescribed by law, the remedy;

d) ex officio, at the request of the person convicted or the competent public prosecutor proposes specialized division motivated the Ministry of Justice to transmit criminal judgment and the certificate referred to in the annex. 5 the State of enforcement and shall communicate its judgment, as well as the documents referred to. a)-(c));
  

e) if necessary, request the Ministry appreciates the Justice consultation of the competent authority of the executing State, including on the possible release of the State of enforcement or parole and relating to the State of enforcement will follow.
  

(3) In case of an emergency, before transmission and judgement, the Court may require the execution of preventive measures to be taken against the person convicted, conveying in this respect records and information necessary. The provisions of article 161 para. (2) shall apply accordingly. The request shall be transmitted either directly or through specialized Directorate within the Ministry of Justice.
  

(4) the Court shall inform the enforcement Directorate of the Office of Justice Ministry specialist on any measure or decision that the judgment condemning cease to be enforceable, including as a result of granting amnesty pardon times.
  

(5) where it is informed by the executing State about the possibility of partial recognition of the judgment of conviction, the Court shall notify the Department of execution of the Justice Ministry if he agrees with partial execution or if the certificate should be withdrawn. "
  

49. After article 170 shall enter a new title, title VI ^ 1, comprising articles 1-170 170 ^ ^ 44, with the following content: "TITLE VI ^ 1 recognition and enforcement in relation to European Union Member States, judgments by which sanctions have been arranged or non-custodial penal measures chapter I

Provisions relating to cooperation with the EU Member States in the implementation of framework decision 2009/829/JHA of 23 October 2009 on the application, between the Member States of the European Union, of the principle of mutual recognition of decisions in matters relating to judicial supervision measures as an alternative to preventive arrest section 1 General provisions ARTICLE 170 ^ 1 the scope and meaning of some terms and expressions (1) this section applies in relation to the Member States of the European Union in the field of recognition the acts through which, during the criminal trial, were willing, in accordance with national legislation and procedures of the issuing State, one or more of the following measures: a) the obligation to inform the person of the competent authority of the Member State of enforcement of any change of residence, in particular for the purpose of receiving subpoenas relating to attendance at a hearing or in a criminal trial;
  

b) requirement not to enter in some localities, places or defined areas of the State issuing or execution;
  

c) obligation to remain in a particular place, as appropriate, in certain intervals;
  

d) obligation by which restricts the enforcement State territory have exited;
  

e) is required to be present at specified dates before a certain authority;
  

f) obligation to avoid contact with certain persons in connection with the offence alleged to have been committed;
  

g) the requirement 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) obligation not to drive a vehicle;
  

I) obligation to lodge a certain amount or to provide some other type of guarantee, which can be provided either in a certain number of installments, either one time;
  

j) obligation to follow a medical treatment or detoxification;
  

k) an obligation to avoid contact with certain objects in relation to the offence alleged to have been committed.
  

(2) for the purposes of this chapter, the words and expressions below have the following meanings: (a) the surveillance measure)-any of the obligations laid down in paragraph 1. (1) notify the State or executing the General Secretariat of the Council, in accordance with article 5. 8 para. (2) of framework decision 2009/829/JHA of 23 October 2009 on the application, between the Member States of the European Union, of the principle of mutual recognition of decisions in matters relating to judicial supervision measures as an alternative to imprisonment, which were prepared in the context of a criminal trial as alternatives to custodial measures;
  

b) supervised person-the person who is the subject of a criminal trial and against which it is intended or has been taken a measure of supervision;
  

c) Act which ordered a surveillance measure-enforceable action taken during the criminal trial by a competent authority in the issuing State, in accordance with its national legislation and procedures and which requires an individual as an alternative to imprisonment, one or more surveillance measures.
  

3. This chapter shall apply to and in relation to those States which are not members of the European Union, with which it was concluded a bilateral or multilateral treaty in the field. In relation to EU Member States that have not transposed EU legislation in this field are applicable to title V.
  

ARTICLE 170 ^ 2 competencies (1) when Romania is enforcing State, jurisdiction of receiving certificates and documents through which were ordered surveillance measures issued by other EU Member States belong, at the stage of prosecution, the Prosecutor's Office attached to the High Court of Cassation and justice, and the courts, Ministry of Justice, through the Directorate.
  

(2) the competence recognition and implementation execution of the instrument by which it was ordered the surveillance measure belongs to, where appropriate, the Prosecutor of the Court, or the Court in whose district the person supervised lawful habitual residence. If the person does not reside on the territory of Romania, the competence lies with the Prosecutor's Court in Bucharest or Bucharest Tribunal as appropriate.
  

(3) when the State of enforcement is Romania, supervision of compliance with the obligations established by the issuing State is the responsibility of the competent authorities and shall be governed by Romanian law.
  

(4) Communications, consultations, exchange of information, requests and notifications, including those incurred in making the modification, replacement or termination of surveillance measures ensuring compliance with obligations whenever ordered by the Romanian judicial bodies or, when Romania is the enforcing State, from those of the issuing State, shall be performed either directly or when direct contact is not possible, through the central authorities.
  

ARTICLE 170 ^ 3 Making, altering, replacing, or termination of surveillance measures (1) Making, alteration, replacement or termination of surveillance measures within the competence of the issuing State and shall be governed by the law of the latter.
  

(2) the jurisdiction of the issuing State to take, modify, replace or terminate the surveillance measures shall be without prejudice to the right of the State of enforcement to research the person supervised for offences other than those for which it is researched in the issuing State.
  

SECTION 2 of the supervision by the authorities of the other Member States of the European Union to comply with the obligations laid down in ARTICLE 170 Romanian judicial organs ^ 4 State enforcement authorities Consulted (1) when, in order to ensure the proper conduct of a criminal trial, or in order to prevent evasion of prosecution or trial of a person who does not have lawful habitual residence on the territory of Romania considers that it is necessary to take a preventive measure non-custodial freedom, judicial body may consult the executing State authorities about the possibility of surveillance, within its territory, of the fulfilment by the person supervised.
  

(2) consultation with the enforcement State can be initiated when through a statement:) during the criminal trial, supervised person indicates that his usual legal 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 laid down by the competent judicial body English, the person shall notify the change of residence under surveillance in the territory of a Member State of the European Union and return to the State of enforcement.
  

(3) consultation is obligatory when the State of enforcement is other than that on whose territory the person supervised indicates that a legal resident.
  

(4) the competent judicial Body English may require the State of enforcement to communicate information concerning the identity and, if applicable, the person supervised, and any other data that are necessary and useful to take, alteration, replacement or termination of surveillance, where appropriate.
  

ARTICLE 170 ^ 5 Duration of surveillance measures (1) the duration of the surveillance measure compliance to be controlled on the territory of another Member State of the European Union shall be fixed by the competent Romanian judicial law.
  

(2) Extension, maintenance, replacement or termination of the surveillance measure ordering under Romanian law by the competent Romanian judicial and it shall immediately notify the State of enforcement and the person supervised.
  

(3) when the State began enforcing the supervision of compliance with the obligations established under the supervision of the judicial organ, and the expected length of the laws of the State of enforcement is nearing expiry, the competent judicial body English, depending on the circumstances of the case, may request the State of enforcement continuing surveillance of compliance with the obligations.
  

ARTICLE 6 transmission of certificate 170 ^ and judicial act which has taken the measure of supervision (1) the certificate provided for in the annex. 7 shall be completed and signed by a judicial body which has taken the measure of oversight. The certificate and the judicial act which has taken the measure of supervision shall be forwarded by the Romanian judiciary has taken the measure directly to the competent authority designated by the State of enforcement by any means that allow a written record.
  

(2) where a judicial body English does not have any information in this respect, the identification of the competent authority to receive the acts referred to in paragraph 1. (1) shall be carried out with the help of the national contact points in the European judicial network shall be designated at the level of the Public or of the Ministry of Justice, where appropriate.
  

(3) the original of the certificate and the instrument by which the measure has been taken shall be surveillance by the Romanian judiciary which it has issued, at the request of the foreign authority.
  


(4) when the competent authority străînă established that the certificate does not meet the conditions of form or is imprecise, the competent judicial body English take measures for making the necessary changes, additions or additional information.
  

(5) the translation of the certificate and of the judicial act which has taken the measure of supervision shall be carried out at the request of the Romanian judiciary organ which they issued by an authorized translator.
  

ARTICLE 170 ^ 7 withdrawal of the certificate referred to the State of enforcement (1) the certificate referred to the State of enforcement may be withdrawn in the following circumstances: (a) the surveillance measure provided) of the laws of the State of enforcement has a different nature or the same kind but with different content compared to the extent of supervision ordered by the Romanian judicial organ; or b) duration of the measure of supervision stipulated by the laws of the State of enforcement does not correspond with the period until which the competent judicial body English may extend or maintain the measure; or (c) the State of enforcement shall notify) that in the event of the issuance of a warrant of arrest by the european State following the replacement of the measure or obligation whose oversight is requested with the measure of preventive arrest should deny surrender of the supervised person.
  

(2) the withdrawal of the certificate takes place no later than 10 days from the date on which the judicial body English has received notification of the State of execution of the decision to recognize the Act by which the judicial body English has taken the measure of oversight. In the situation referred to in paragraph 1. (1) (a). (c)), the term of ten days shall run from the date of receipt of the notification of the State of enforcement or the decision not to recognize the Act by which the judicial body English has taken the measure of oversight.
  

(3) where under the law of the State of enforcement neretragerea certificate in the case referred to in paragraph 1. (1) (a). c) has a direct effect on the arrest and surrender of the person supervised under a european arrest warrant, eventually that may be issued under art. 88 para. (2) the withdrawal of the certificate is required.
  

(4) withdrawal of the certificate in the circumstances specified in paragraph 2. (1) (a). the) and b) cannot take place if the enforcing State began surveillance of compliance with the obligations established under the supervision of the judicial organ, unless the competent authority of the executing State to give its consent to that effect.
  

(5) a person shall be informed as soon as monitored with respect to the withdrawal of the certificate.
  

ARTICLE 170 ^ 8 supervision of compliance with the obligations incumbent on the person supervised (1) monitoring the compliance of the person investigated why incumbent is a matter for Romanian authorities up to date on the State of enforcement shall communicate the decision on recognition and enforcement of the Act by which the measure has been taken by supervisors or by the date fixed by mutual agreement between the competent authorities of the two States where appropriate.
  

(2) After the date mentioned in paragraph 1. (1) ensuring compliance with the obligations secured, devolving the competence of the authorities of the State of enforcement and shall be governed by the law of the latter.
  

(3) Notwithstanding paragraph 1. (2) supervision of the way in which the person shall comply with the obligations set out under surveillance is the responsibility of the Romanian State, when: a) the person is supervised and has established legal residence in the territory of another State's usual than that of enforcement; or b) certificate sent by the execution state is revoked; or c) the obligations laid down subsequent to the amendment or replacement measures previously supervised by the State of enforcement are not covered by art. 170 ^. (1), and the State of enforcement refuses to provide supervision of compliance with them; or d) are incidental provisions of art. 170 ^ 5 para. (3), and the State of enforcement refuses to continue surveillance obligations laid down by the English judiciary; or e) enforcing State shall notify its decision to cease surveillance obligations laid down by the competent Romanian judicial organ; or f) execution state are unable to supervise practice compliance supervised on the grounds that the person has not been found on its territory.
  

ARTICLE 170 ^ 9 surveillance measure the effects of the infringement (1) If the duration of the surveillance measure the State of enforcement shall communicate the information justifying the imposition of new obligations to be either modification, replacement or termination of existing ones, the competent judicial body English shall as soon as possible or within the time limit agreed with the decision.
  

(2) where it was decided to measure replacement surveillance measure pre-trial detention, arrest and surrender of the person supervised is requested according to the provisions of title III.
  

ARTICLE 170 ^ 10 supervised person Hearing (1) where in the course of the criminal process is necessary or, according to the law, binding upon the person researched to be heard, making its declaration can be achieved via videoconference. The request aimed at hearing by videoconference shall be made according to art. 172 and 178 and is transmitted directly to the competent authority of the Member State of enforcement.
  

(2) where, under the law of the executing State, hearing by videoconference shall be conditional on the consent of the person supervised, and it refuses to be heard, the Romanian judiciary has taken the measure of oversight: a) may order replacement or termination of the surveillance measure if you are Romanian law; or b) may request that the person investigated to be heard in the presence of the Prosecutor or the judge competent Romanian or, insofar as the law permits, execution. Request with the hearing of the person shall be supervised according to art. 172 and is transmitted directly to the competent authority of the Member State of enforcement.
  

Section 3 of the supervision by the Romanian authorities of compliance with the obligations laid down in the other Member States of the European Union ARTICLE 170 ^ 11 competent authorities Powers to receive certificates issued by other Member States of the European Union (1) authorities referred to in article 1. 170 ^ 2 para. (1) have the following powers: to) receive the certificate provided for in the annex. 7 and the Act which ordered a surveillance measure, translated in Romanian language;
  

b) for control of regularity and to request, if appropriate (i) correct or supplement the signing certificate;
() the original of the certificate or instrument by which the measure has been ordered, when authenticity cannot be established to the one transmitted by the issuing State;
(iii) the Declaration or request concerning monitored supervision by the Romanian authorities of compliance with the obligations provided for in the issuing State;
(iv) confirmation of enforceability of the instrument by which the measure was ordered by supervisors;
(v) information and data on the legal remedies provided for by the law of the issuing State or exercised against the person supervised the instrument by which the measure was ordered by supervisors;
(vi) information on the maximum duration provided for by the law of the issuing State may be ordered measure of supervision or, in the case where the duration is indefinite, the duration for which it is likely to be required by the Romanian authorities supervision of compliance with the obligations set out in the task the person supervised;

c) suspend transmission to the competent Romanian authority to recognize the act ordered the surveillance measure when the certificate is incomplete, does not correspond to that Act is missing one of the times the documents referred to in points (iii) and (iv);
  

d) to repay the act ordered the surveillance measure and the certificate, if the issuing State has not sent the required documents or information until the expiry of a period of not more than thirty days;
  

e) to verify the identity and residence of the person supervised, in order to determine the authority competent to recognise and put into execution the Act by which the measure has been ordered.
  

(2) the procedure laid down in this article is urgent and is carried out in particular.
  

ARTICLE 170 ^ 12 judicial proceedings (1) where it is found that the issuing State has forwarded the certificate and the Act of willing taking measure of supervision, and any other information required under art. 170 ^ 11, public prosecutor's Office attached to the High Court of Cassation and justice or the Ministry of Justice, through the direction, as appropriate, forward them to the Office of the competent court or Tribunal, and shall inform the issuing State.
  

(2) the Prosecutor designated by the Prosecutor Prosecutor's Prime or the judge designated by the President of the Court, receiving folder, verifies, inter alia, if: (a) the person is supervised) studied in Romania for the same criminal offence for which the measure was taken;
  


b) supervised person is investigated for criminal offenses in Romania other than those for which the measure has been taken. If this is the case, the Prosecutor who conducts or supervises the prosecution or the Court as the cause for resolution is informed of the surveillance measure ordered by the issuing State;
  

c) nature or duration of the surveillance measure taken by the issuing State corresponds to the nature or duration of the surveillance measure prescribed by law for similar offenses Romanian;
  

d) supervised person is in the territory of Romania;
  

e) measure can be monitored in Romania.
  

(3) where the Prosecutor or court pursuant to paragraph 1. (1) considers that it is unable to recognize and take appropriate measures to ensure the supervision of compliance with the obligations established by the issuing State, send forthwith to the ex officio to the competent Romanian authority folder and shall so inform the competent authority of the issuing State and the Prosecutor of the High Court of Cassation and justice or the Ministry of Justice, where appropriate.
  

(4) where the Prosecutor or court pursuant to paragraph 1. (1) it considers that additional information is needed or clarifications may be required, directly to the competent authority in the issuing State transmitting them in a period not exceeding 10 days.
  

(5) when the nature or duration of the surveillance measure taken by the issuing State does not correspond with the nature or duration of the surveillance measure provided for by law, Romanian prosecutor competent judge or, as appropriate, shall establish and communicate to the issuing State, the content of the measure, requiring the State concerned confirming the maintenance certificate. The measure adapted surveillance may not be more severe than the surveillance measure taken by the issuing State. If, after consultation with the issuing State shall withdraw the certificate, the competent judge or the Prosecutor, as appropriate, shall be desesizează and return the dossier to the Prosecutor's Office attached to the High Court of Cassation and justice or the Ministry of Justice, where appropriate.
  

(6) the Attorney or judge, as the case may be, desesizează and return the dossier to the Prosecutor's Office attached to the High Court of Cassation and justice or the Ministry of Justice and when, as a result of checks carried out, it appears that the person is not in Romania or that the measure cannot be monitored in Romania.
  

(7) the procedure laid down in this article is urgent and is carried out in particular. The duration may not exceed 40 days from the date of registration of the case to the Court or, where appropriate.
  

ARTICLE 170 ^ 13 recognition, at the stage of prosecution, the instrument by which the issuing State has taken the measure of supervision (1) at the stage of prosecution before the competent prosecutor has Ordinance. The Prosecutor has written or by summoning the telecommunication of the person supervised. Day, time and place set for the appearance to be brought to the attention of the person supervised not later than 3 days before. Non-supervised person shall not preclude the Prosecutor from disposing of the measure.
  

(2) when the conditions laid down in article 21. 170 ^ 16, the Ordinance are expressly provided for in the obligations that the person investigated must observe during the surveillance measure and that, in case of breach of the obligations incumbent on it, issuing State will be notified to this effect.
  

(3) the duration of the surveillance measure is laid down by the competent authority in the issuing State, unless it is greater than the maximum duration provided by Romanian law.
  

(4) against the order of the public prosecutor may make a complaint the person supervised or any interested person, if the injury of his legitimate interests. The complaint shall be made within 5 days. The term for the person convicted shall run from the communication of the copy on the Ordinance. The dossier shall be sent to the Court of appeal within 24 hours from the wording of the complaint. The issuing State shall be informed forthwith in respect of the complaint made.
  

(5) for Reasons of substance which formed the basis of taking the measure of supervision may be the subject of the complaint, which can be appealed only to the competent authority in the issuing State.
  

(6) the complaint shall be submitted to the Prosecutor from the Attorney who is part of the willing Ordinance and resolve by the Tribunal prosecutor's Office which works respectively. When the Ordinance was unwilling recognition of the instrument by which the issuing State has taken measures of supervision, the introduction of the complaint shall not suspend the supervision of compliance with the obligations incumbent upon the person supervised.
  

(7) the complaint by a completely solves consisting of a single judge, in the Council Chamber, with the attendance of the person supervised, within 10 days from the date of registration of the case to the Court, through his service be terminated. In the judgment complained of, the presence of the Attorney is compulsory. The Court, addressing the complaint, check the order of the Prosecutor, on the basis of the material in the dossier and any documents submitted with the admission or rejection of the complaint. In the case of acceptance of the complaint against the solution of non-recognition of the instrument by which the issuing State has taken the measure of supervision, the Court dissolved the solution attacked, recognizes the Act by issuing State which took the measure and sets out the obligations incumbent upon the person supervised. The final conclusion is communicated directly to the competent authority in the issuing State. The Court shall inform the Prosecutor and the Prosecutor's Office attached to the High Court of Cassation and justice.
  

ARTICLE 170 ^ 14 recognition, in the phase of the trial, which has taken the measure of supervision (1) the judge settles case, motivated by closing time in the boardroom. The judge has written citation or by telecommunication of the person supervised. Day, time and place set for the appearance to be brought to the attention of the person not later than 3 days before. Failure to present the person does not prevent the judge from disposing of the measure.
  

(2) when the conditions laid down in article 21. 170 ^ 16, the conclusion are expressly provided for in the obligations that the person investigated must observe during the surveillance measure and that, in case of breach of the obligations incumbent on it, issuing State will be notified to this effect.
  

(3) the duration of the surveillance measure is laid down by the competent authority in the issuing State, unless it is greater than the maximum duration provided by Romanian law.
  

(4) a judgment can be appealed in appeal within 5 days from the date of the communication, whenever appropriate, supervised by the person or by any person, whether through the recognition of the instrument by which the issuing State has taken the measure of oversight was brought to harm his legitimate interests.
  

(5) the appeal shall be lodged with the Court of which the judge is part of the willing on the Act by which the issuing State has taken the measure of supervision. The dossier shall be sent to the Court of appeal, within 24 hours of the Declaration of the appeal. The issuing State shall be informed without delay about the appeal.
  

(6) the appeal shall decide within 10 days from the date of registration of the case to the Court, the competent court of appeal, in the Council Chamber, with the attendance of the parties, by a panel consisting of a single judge, on the basis of the material in the case and any entries submitted. The presence of the Attorney is compulsory. When ordered, an appeal shall not suspend the supervision of compliance with the obligations incumbent upon the person supervised. In the case of the admission of the appeal against the non-recognition of the solution whereby the issuing State has taken the measure of supervision, the Court dissolved the solution attacked, recognizes the Act by issuing State which took the measure and sets out the obligations incumbent upon the person supervised. The final conclusion is communicated directly to the competent authority in the issuing State. The Court shall so inform the Court and the direction of the Ministry of Justice.
  

ARTICLE 170 ^ 15 supervision by the Romanian authorities compliance supervised the obligations incumbent on (1) the monitoring of the compliance of the person supervised the obligations incumbent on the duration of the surveillance measure is carried out by the institution, body or designated authority, as applicable, the Prosecutor who gave the order or the judge who gave the conclusion, in accordance with the law.
  

(2) If the person is monitored ban on leaving Romanian territory or in a specific location, a copy of the Ordinance or the conclusion of the Court shall be served on the day of issue the person supervised, police units in whose constituency resides and has the ban has stood it, public service community of persons and cross-border bodies.
  


(3) the institution, body or authority designated by the Prosecutor who gave the order or the Court which gave the conclusion shall regularly verify compliance supervised by the person, and, if it finds violations or other issues that could lead to the modification, termination or replacement by the issuing State of the measure, bring the matter before the Court or Prosecutor emergency for the purpose of issuing State According to the form provided for in the annex. 8. Supervision of compliance by the person supervised has obligations for the duration of the measure shall be terminated if the issuing State has not responded to the notice, not later than 40 days from the date of the first notification. Termination of supervision is brought to the attention of the issuing State shall forthwith.
  

(4) where, as a result of the notification under paragraph 1. (3) inform the issuing State with respect to the replacement of the surveillance measure with the measure of arrest and the issuing of a european arrest warrant, the procedure for the receipt, verification and implementation of the european arrest warrant shall be that provided for in title III of this law.
  

(5) monitoring the compliance of the person supervised has obligations shall cease as soon as the issuing State shall notify to that effect or whenever, as a result of the exercise of the căîi attack. 170 ^ 13(2). (4) or article 16. 170 ^ 14. (4) recognition of the document solution whereby the issuing State has taken the measure of supervision was disbanded.
  

(6) In the situation referred to in article 1. 170 ^ 13(2). (3) or article 21. 170 ^ 14. (3) the institution, body or authority designated shall, not later than 30 days before expiry, the Prosecutor or the judge, for the purpose of issuing State.
  

(7) where the institution, body or authority designated practice are unable to supervise compliance with the obligations incumbent upon the person supervised due to the fact that it is not found on the territory of Romania shall inform the public prosecutor or the judge competent for the purpose of issuing State.
  

ARTICLE 170 ^ 16 Conditions for recognizing the instrument by which the issuing State has taken the measure of judicial oversight Act by issuing State which took the measure of supervision can be recognized only if the following conditions are met: a) the Act has, according to the law of the issuing State, enforceable;
  

b) legal person investigated his habitual residence in the territory of Romania or is a member of the family of a Romanian citizen or a person who has the right of permanent residence on the territory of Romania to pursue times in Romania a gainful activity, studies or vocational training;
  

(c) is not contrary to the principle of recognition) non bis in idem;
  

d) for which the Act applied to the measure of supervision would be set up, where they had been committed on the territory of Romania, a misdemeanor. If the measure has been implemented for several offences, checking of the condition is made for each offense. The provisions of article 96 para. (1) shall apply accordingly;
  

e) surveillance measure has been applied to a person who, according to the Romanian law criminally;
  

f) surveillance measure has been applied to a person who does not qualify for immunity from criminal jurisdiction within the territory of Romania;
  

g) measure of supervision established by the issuing State is classified as set forth in art. 170 ^. 2. CHAPTER II provisions relating to cooperation with the EU Member States in the implementation of 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 with a view to the supervision of probation measures and alternative sanctions section 1 General provisions ARTICLE 170 ^ 17 the scope and meaning of some terms and expressions (1) this section applies in relation to the Member States of the European Union in the field of recognition judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions in order of their execution in the European Union. At the same time, this chapter shall apply to and in relation to other States with which it was concluded a bilateral or multilateral treaty.
  

(2) for the purposes of this chapter, the words and expressions below have the following meanings: a) Court-any final decision whereby a court ruled against a natural person who has committed a crime one of the following penalties: (i) suspension of sentence under supervision;
() the postponement of the application of the death penalty;
(iii) conditional release;
(iv) an alternative sanction;

b) suspension of sentence under supervision-prison sentence or a measure involving deprivation of liberty whose execution is suspended in full or in part, by imposing one or more probation measures;
  

c) defer application of the death penalty as a sentence by which the application was deferred by imposing conditioned one or more probation measures, or in which one or more probation measures are imposed instead of a sentence of imprisonment or a measure involving deprivation of liberty;
  

d) conditional release-early release of a convicted person after partial execution of the penalty of imprisonment or a measure involving deprivation of liberty through the imposition of one or more probation measures;
  

e) alternative penalty-any other penalty neprivativă, applied to an individual by a judicial decision, as a result of the Commission of an offence, other than a financial penalty, and consists of an obligation or a constraint measure and which has an independent existence;
  

f) probation decision a judicial or administrative procedure taken pursuant to a judicial decision, which applied a probation or conditional release willing;
  

g) probation measures-any measures or restrictions of the obligations under article 4. 170 ^ 20, set in the task of an individual in connection with the suspension of the sentence under supervision, deferred the application of the death penalty or conditional release.
  

ARTICLE 170 ^ 18 Jurisdiction (1) when Romania is enforcing State, recognition of judgments and probation decisions whereby foreign willing compliance with probation measures or alternative penalty is within the competence of the Court in whose district the person lives.
  

(2) Notwithstanding paragraph 1. (1) the competence of the Department which prosecutes returns another crime committed by the person sentenced by Decree străînă, the crime that could draw a revocation or cancellation penalty handed down by the Court străînă.
  

(3) ensuring compliance with probation measures or alternative sanctions imposed by the judgment or the probation decision which was the subject of recognition of the competence of the probation service on the Court in whose district the person lives.
  

(4) where the issuing State, Romania is the resolution of the request for enforcement in another Member State of the European Union of the judgement given by a Romanian Court, when the person sentenced to run or execute the death penalty, which is within the competence of the Court of first instance in the judgment whose recognition is sought. When the judgment was given by the High Court of Cassation and justice, jurisdiction lies with the Court.
  

SECTION 2 of the recognition of judgments and probation decisions fixing the probation measures or alternative sanctions by the courts or authorities of the other Member States of the European Union, in order of their execution in Romania ARTICLE 170 ^ 19 General conditions (1) definitive judgments handed down by courts of the other Member States of the European Union shall be recognised and shall be enforced in Romania on the basis of the principle of mutual trust and in accordance with the provisions of this chapter If you are capable of producing legal effects according to the criminal law and not contrary to public policy of the State.
  

(2) definitive judgments establishing the probation measures or alternative sanctions by the courts of other Member States of the European Union shall be recognised and shall be performed in Romania, where the following conditions are satisfied:) the judgment has been ordered to suspend execution of the sentence under supervision, deferred the application of the death penalty, conditional release or an alternative sanction;
  

(b)) the probation measures or alternative sanctions laid down by the judgment in balancing law străînă have Romanian and are compatible with it;
  


c) deed for which the sanction has been applied would be set up, where they had been committed on the territory of Romania, a misdemeanor. Where the penalty was applied for several offences, checking of the condition is made for each offence;
  

d) condemned person is in the issuing State and wants to return or to settle in Romania or is already in Romania and: (i) the Romanian citizenship and resides or will reside in Romania; or () does not have Romanian citizenship, but whether it has the right of residence or the right of residence on the territory of Romania according to the law, whether it is one of the family members of a Romanian citizen or a person having the right of residence or the right of residence on the territory of Romania, be proof that to carry on a gainful activity in Romania, of education or vocational training.

(3) where the probation measures are laid down in a decision given probation on the basis of a judicial decision, shall constitute the object of recognition of both the judgment and the decision of the probation.
  

ARTICLE 170 ^ 20 probation Measures and alternative sanctions foreign judgments can be recognised and enforced in Romania, where the probation measures or alternative sanctions laid down by the judgment in question or in its base falls into the following categories: (a) the person convicted of) a duty to inform a certain authority of any change of residence or place of work;
  

b) requirement not to enter in some localities, places or defined areas from Romania or from the issuing State;
  

(c)) the requirement not to leave the territory of the State of enforcement;
  

d) provisions relating to behaviour, residence, education and training, leisure activities or containing limitations on the modalities of conduct of a professional activity;
  

e) is required to be present at specified dates before a certain authority;
  

f) obligation to avoid contact with certain persons;
  

g) obligation to avoid contact with certain objects that have been used or could be used by the convicted person for the purpose of committing criminal acts;
  

h) the obligation to repair, from a financial standpoint, the damage caused by the offence and/or the obligation to provide proof of compliance with this obligation;
  

I) obligation to provide work for the benefit of the community;
  

j) obligation to co-operate with the probation service or with another institution or social service responsibilities with regard to convicted persons;
  

k) obligation to follow a therapeutic treatment or detoxification;
  

l) the obligation to communicate information of a nature to be controlled the means of livelihood of the person convicted.
  

ARTICLE 170 ^ 21 grounds for refusal of recognition and execution of court judgment a judgment given in another Member State of the European Union will not be put into execution, even if the conditions laid down in article 21. 170 ^ 19 when: (i) the person has been încunoştinţată in a timely manner, through subpoena written notification delivered personally or by telephone, fax, e-mail or any other similar means, in respect of the day, month, year and place of the appearance and the legal consequences in case of failure; or () a person, having no knowledge of the day, month, year and place of notice, it has mandated his lawyer's chosen or appointed ex officio to represent it, and legal representation to the Court's judgment was carried out effectively by the lawyer; or (iii) after i was personally handed a judgment and sentence was încunoştinţată that the decision is subject to judicial review, during which the competent authority will be able to check contested including on the basis of new evidence, and that, following the settlement of căîi, at which the prosecution may attend personally, the judgment of conviction may be broken, the person convicted be expressly abandoned at appeal or not declared, within the period prescribed by law, the remedy;

He sentenced person) in Romania for the same deed. Where the judgment was given străînă and for other acts, the Court may order the partial recognition of it, if other conditions are met;
  

(b) the sentenced person) in another State for the same Act, and the judgment străînă time this State was previously recognized and put into execution on the territory of Romania;
  

(c) the person shall) condemned Romania immunity from criminal jurisdiction;
  

d the sanction was applied) a person, according to the criminal law, not criminally by virtue of his age;
  

(e) enforcement of a sanction) involves measures aimed at psychiatric condition or health of the person and that cannot be put into execution in Romania or, where appropriate, provides medical or therapeutic treatment which cannot be surveyed in Romania, in accordance with the national legal system or health;
  

f) where, under criminal law, there was prescription sentence;
  

g) when the person convicted was not present at the trial, unless the issuing State that, in accordance with its legislation: h) during the term or duration of probation measures or alternative sanctions or the length of time remaining until the fulfillment thereof is less than 6 months or 60 hours in community service work situation.
  

ARTICLE 170 ^ 22 Entries and information necessary for recognition and execution of court judgment (1) for the purposes of recognition and execution of court judgment, the competent authority of the issuing State shall transmit to the Court of first instance in whose constituency resides or will reside in the person the following documents, translated into Romanian language: a) completed certificate according to the specimen in the annex. 9;
  

(b)) a decision establishing the measures were an alternative sanction or probation;
  

c) probation decision whereby measures were probation, when appropriate;
  

d the person's statement) regarding the intention of returning or settling in Romania in the next 30 days from the date of the Declaration, where the convicted person is in the issuing State;
  

(e) any other documents lodged) per person to the authority in the issuing State.
  

(2) on receipt of the documents referred to in paragraph 1. (1) the President of the Court fixed time limit for the examination of the application with a view to their acceptance in principle, which may not be longer than 5 days from the date of registration of the case to the Court.
  

(3) Court judges completely consisting of a single judge.
  

ARTICLE 23 Measures leading up to 170 ^ (1) the Court under art. 170 ^ 22 checks whether the pleadings and particulars submitted by the issuing State are translated into Romanian language and, otherwise, require your submission.
  

(2) in the event that the certificate is incomplete or missing is not consistent with the judgment or the probation decision transmitted, the Court shall request the issuing State transmission, correction, completion or within a maximum period of 15 days.
  

(3) where one or more of the documents referred to in article 1. 170 ^ 22 para. (1) (a). b)) are necessary, but were not transmitted by the issuing State, the Court may require a copy of its transmission on these documents within 15 days.
  

(4) the Court may request the issuing State, if applicable: (i) evaluation report or any report before or after conviction by the probation service or other competent authority of the issuing State; or () a copy of the document issued by the Romanian authorities which proves the right of residence or residence of the person or of a family member, when the person sentenced is not a Romanian citizen; or (iii) documents showing the connection of the person convicted with the Romanian State; or (iv) other documents which they consider relevant in dealing with the application.

(5) at the request of the issuing State, the competent authority shall inform the Court about the maximum penalty prescribed by law for the offence for which the Romanian sentenced the person concerned and which could be applied in case of suspension, revocation or cancellation of the sentence under supervision.
  

ARTICLE 170 ^ 24 Admission in principle (1) in the event that it finds that the documents submitted by fulfilling the requirements laid down in article 21. 170 ^ 22 para. (1) or have been completed or corrected as requested, the Court recognizes in principle the request by closing and securing its settlement period. The Court disposes of the probation service informing in whose territorial constituency resides or will reside in the person sentenced and asks its advisory opinion about the probation measures or alternative sanctions whose enforcement was sought.
  


(2) in the event that it finds that the documents submitted by not fulfilling the requirements laid down in article 21. 170 ^ 22 para. (1) and were not transmitted, amplified or corrected as requested, the Court rejects the demand by final sentence and so inform the issuing State.
  

(3) where, as a result of employee information under article 4. 170 ^ 23 para. (5) or for other reasons, the issuing State shall withdraw the certificate, the Court takes note of the withdrawal of the application, shall be dezinvesteşte by sentence final documents received and return the issuing State.
  

ARTICLE 170 ^ 25 procedure for recognition of judgment (1) the Court in the application solves the Council, with the attendance of the person convicted and the probation service. The Prosecutor's participation is mandatory.
  

(2) the object of the proceedings is the verification of the conditions set out in art. 170 ^ 19 and, if they are met, recognition of the judgement for the purposes of enforcing the probation measures or alternative sanctions.
  

(3) the Court decides by sentence, within 10 days from the date of acceptance in principle. The judgment shall be drawn up not later than 5 days from the date and communicated to the person convicted and the probation service.
  

(4) may appeal Against the decision within 5 days, the Prosecutor ex officio or at the request of the probation service, and the person convicted. For the District Attorney, the time limit runs from the date. For the person convicted, the period runs from the date or, in the case of lacking both in the debates, as well as from the date of the notification, the copy on your device.
  

(5) the Court of appeal judges completely consisting of a single judge. The provisions of paragraphs 1 and 2. (1) shall apply accordingly. The appeal will be submitted to the Court within three days and the appeal shall decide within five days, the Council Chamber, with the attendance of the parties. The judgment shall be drawn up not later than 5 days from the date and communicated to the person convicted and the probation service.
  

(6) the definitive Solution of the Romanian Court shall immediately notify the competent authority of the issuing State. Final judgement shall be provided, upon request, of the issuing State.
  

ARTICLE 170 ^ 26 Duration of proceedings (1) the total duration of the procedure for recognition of foreign judgment is no more than 60 days after receipt of the request and of the documents referred to in article 1. 170 ^ 22 para. (1) (i) the documents referred to in article 1. 170 ^ 22 para. (1) require translation, patches or fixes requested court times additional information and issuing State could not respond to the request within;
() due to exceptional circumstances, the Court is in the impossibility to settle the application within the time limit referred to in paragraph 1. (1) and (2) the period referred to in paragraph 1. (1) may be exceeded by not more than 60 days if: (3) In the situation referred to in paragraph 1. (2) the Court shall inform the competent authority in the issuing State on the need to extend the deadline for resolution of the request, the reasons that lead to the delay and the estimated length of time as is required for completing the procedure.
  

ARTICLE 170 ^ 27 court decisions (1) where, as a result of the verification, the Court finds the conditions laid down in article 21. 170 ^ 19 and that no ground of refusal of those referred to in article 1. 170 ^ 21, proceed as follows: a) judgment and recognizes the supervision of probation measures or alternative sanctions such as have been laid down in the judgment in the issuing State;
  

b) recognizes judgment and probation supervision has measures or alternative sanctions such as resulting from their adaptation under art. 170 ^ 28.
  

(2) the Court shall dismiss the application, when: a) are not complied with the conditions laid down in article 21. 170 ^ 19; or (b)) there is a ground for denial of those referred to in article 1. 170 ^ 21.
  

(3) where, as a result of the verification, the Court finds the incidence of a reason for refusal of those referred to in article 1. 170 ^ 21, the Court may order, in exceptional cases, the recognition of the judgment and execution of probation measures or alternative sanctions in Romania only if there is the belief that this would contribute significantly to the social reintegration of convicted person and are not violated rights or benefits to injured enjoyed by victims of the crime committed by the convicted person, if they live in Romania. In order to take a decision, the Court will ask for probation service preparation of a report to be submitted to the prospects of reintegration of the convicted person into society and will consult the issuing State. The provisions of article 170 ^ 32 shall apply accordingly.
  

(4) where the Court has rejected the request of the issuing State, a new application relating to the same court is inadmissible, except where the request has been rejected pursuant to article. 170 ^ 24 para. 2. ARTICLE 170 ^ 28 probation measures Adaptation or alternative sanctions (1) the Court shall adjust one or more of the probation measures or alternative sanctions deadline times, watching, as far as possible, a correlation as close to probation measures or content of the alternative sanction applied by decision of the authority of the issuing State, whenever they: a) probation measure or duration of the sanction of the term alternative test set by the Court for the offence străînă committed does not correspond in terms of amount or exceeds the General maximum probation measure or of the term test applies, according to Romanian law. The duration of the probation measures or alternative sanctions resulting from adaptation may not be greater than that originally defined by the decision of the authority of the issuing State;
  

b) probation measure nature of the alternative sanction does not correspond with the nature of probation measures or alternative sanctions that apply, according to Romanian law. The probation measures or alternative sanctions resulting from adaptation may not be more severe than initially by way of issuing State authority.
  

(2) the adaptation of the court probation measure time, the alternative sanction or test period where the duration determined by the foreign court judgement exceeds the maximum duration provided for under Romanian criminal law lies in the reduction of periods up to the maximum provided by the Romanian criminal law.
  

(3) In the situation referred to in paragraph 1. (1) the Court shall inform the competent authority of the issuing State in respect of the adaptation measures to sanction or probation prior to alternatives to bringing into force thereof. Within 10 days from the notification, the issuing State shall have an opportunity to withdraw the certificate, in which case the judgment recognized will not be put into execution.
  

ARTICLE 170 ^ 29 partial recognition and enforcement (1) where a person has been convicted of several offences, checking is done for each offense. When the conditions are met for only a part of the previous sentence, pronouncement, the Court shall request the issuing State must indicate whether and, where appropriate, on what conditions might be a partial execution or if they withdraw the certificate.
  

(2) where only some of the measures established in probation judgment or the probation decision străînă can be executed in Romania, before the pronouncement of the sentence, the Court shall request the issuing State must indicate whether and, where appropriate, on what conditions might be a partial execution or if they withdraw the certificate. If, as a result of information the issuing State maintains its request and withdraw the certificate, the Court shall proceed from the recognition of the judgment and, where appropriate, the probation decision and enforce those measures for which probation conditions are met.
  

(3) where, by the time of recognition of the judgement by the Romanian Court, probation measures or alternative sanctions has been partially executed, the court properly deduct the part already carried out and enforce rest remained unfulfilled.
  

ARTICLE 170 ^ 30 probation measures or Enforcement of alternative sanctions (1) enforcement of probation measures and alternative sanctions is governed by Romanian law. The competence of his trial and an appeal for the purpose of abolishing or amending the foreign judgment belongs to the issuing State.
  

(2) In the situation referred to in article 1. 170 ^ 28 para. (3) enforcement does not start before the expiration of 10 days.
  

(3) a court that has recognized the străînă judgment enforcement is the Court and has the power to take the necessary consequential later recognition.

  

(4) the probation service shall supervise the execution of probation measures and alternative sanctions in accordance with Romanian legislation in the field of forensic evidence.
  

(5) Amnesty or pardon may be granted by both the issuing State and the Romanian authorities.
  

ARTICLE 170 ^ 31 Execution of probation measures or alternative sanctions such consequential decisions assuming (1) where, subsequent to the recognition of foreign judgments, the person sentenced does not meet, in bad faith, surveillance measures or alternative sanctions times a new offence (1) during the term, the Court is empowered to revoke the Romanian penalty, according to the criminal law and in accordance with the judgment străînă When the latter refers to: a) the suspension of the sentence under supervision;
  

b) conditional release;
  

c) penalty.
  

(2) The assumptions outlined in paragraph 1. (1) (a). b) and (c)), the Court may order the revocation only if the judgment or the probation decision străînă express references to recognized the punishment by deprivation of liberty to be imposed in such a situation.
  

(3) the Court shall inform the competent authority of the issuing State in respect of the revocation of the sanctions and the punishment imposed.
  

ARTICLE 170 ^ 32 probation measures or Enforcement of alternative sanctions without assuming the consequential decisions (1) where, subsequent to the recognition of foreign judgments, the person sentenced does not meet the supervisory measures or alternative sanctions times a new offence (1) during the term, the competence for revocation or other sanctions measures rests with the issuing State when străînă recognized judgment refers to : to postpone the application of the death penalty);
  

b) conditional release;
  

(c) an alternative sanction);
  

d) one of the assumptions referred to in art. 170 ^ 27(2). (3);
  

(e) a person convicted on that) and subsequently established residence in another State and no longer in Romania.
  

(2) The assumptions outlined in paragraph 1. (1) (a). b) and (c)), the Court of the issuing State shall repay the Romanian jurisdiction relating to revocation of the sanctions in the event that the judgment or the probation decision recognised străînă does not refer to the explicit punishment deprivation of liberty to be imposed in such a situation.
  

(3) in the cases referred to in paragraph 1. (1) the judge delegate execution inform the competent authority in the issuing State whenever it finds the existence of grounds for revocation or of the facts on which he requested to be informed. Provision of information is done by filling in the form set out in the annex. 10. If, under the law of the issuing State, the person convicted is binding, the Declaration may be made by the authorities of the issuing State by videoconference. Request with the hearing of the person convicted through the videoconference shall be made according to the applicable provisions of the Treaty between Romania and the issuing State or, failing that, on the basis of reciprocity, and is broadcast on channels and via the means of communication provided for in the present law or, where applicable, the Court in whose district the sentenced person lives. The provisions of article 172 and 178 shall apply accordingly. Hearing through videoconference takes place in the presence of a representative of the probation service.
  

(4) the competent authority with the information of the issuing State, in accordance with paragraph 1. (3) the judge delegate the execution requires that the issuing State to inform subsequent measure taken over.
  

ARTICLE 170 ^ 33 Termination of supervision (1) supervision of the convicted person in Romania cease and consequential decisions rests with the issuing State, in the following situations: (a) the convicted person) was stolen and not found in Romania;
  

b) at the request of the issuing State when it informs you that the condemned person has committed another crime for which its authorities have begun a criminal investigation or have a definitive sentence;
  

c) inform the issuing State about any measure or judgement which draws the impossibility of continuing the execution of probation measures or alternative sanctions;
  

d) issuing State-ordered amendment of probation measures or alternative sanctions, during the term of supervision and it is found that, compared with concrete contents of the probation measure or sanction, as it resulted in the amendment of the supervisory activities can no longer be made or is no longer, compatible with the system of probation from Romania.
  

(2) supervisory Activity ceases in the case of pardon granted amnesty times Romanian authorities.
  

(3) the supervisory Activity ceases, where during the term of the trial has been fulfilled and respected person sentenced to probation measures or alternative sanctions.
  

(4) upon termination of surveillance, probation service prepares a report containing a summary of the surveillance process, which it shall transmit to the judge in order to delegate the execution of the submittal of the issuing State.
  

ARTICLE 170 ^ 34 communication between Court run from Romania and the competent authorities of the issuing State and the preservation of evidence (1) the duration of the procedure for recognition of foreign judgment recognition and subsequent thereto, during the execution of measures of probation, the Court shall communicate directly with the competent authority in the issuing State or by sending requests for information to ensure efficiency and speed in the procedure for the recognition of the judgement and to support the process of social reinsertion and supervision of the convicted person.
  

(2) to track the activity of the Court, shall be drawn up and kept by the Register regarding probation measures and alternative sanctions placed on the territory of other Member States of the European Union and carried out in Romania. In this workbook will be made the following statements: reference number; name and surname of the person convicted; the enforcing court; the number and the date of the judgement of conviction; the issuing State; date of receipt of the certificate and judgement; the number and the date of the judgement by which the judgment has been recognised as străînă; the probation service is responsible for surveillance and information on enforcement of the probation measures.
  

SECTION 3 of the recognition of judgments establishing the probation measures or alternative sanctions given in Romania for the purpose of enforcing them in other Member States of the European Union ARTICLE 170 ^ 35 Conditions for requesting recognition of judgment (1) the recognition and enforcement of judgement in the territory of another Member State of measures for probation or alternative penalty applied by this application may be made in another Member State When:) the judgment the Court has ordered one of the following penalties: (i) suspension of sentence under supervision under article. 86 ^ 1 of the penal code;
(them) supervised liberty under article. 103 of the penal code;
(iii) suspension of sentence under supervision or under supervision under article. 110 ^ 1 of the penal code;
(iv) the conditional release of the minor, pursuant to the provisions of art. 110 ^. 4 of the penal code;

b) by judgment of the Court established in the task the person a measure of probation which falls within one of the categories referred to in article 1. 170 ^ 20;
  

c) the judgment is final and enforceable;
  

d) of evaluation report prepared by the probation service before judicial pronouncement or during supervision shows that enforcement of probation measures applied by the judgment in the State of enforcement is likely to ensure the social reintegration of the person convicted;
  

(e)) of the dossier, of the Declaration by the person convicted or from data supplied by the competent authorities, it appears that it: (i) is in the territory of that State; or () will leave Romanian territory no later than the expiry of a period of 30 days from the date of the Declaration made in this respect. With a view to finding as satisfied of this condition, the judge delegated with enforcement or probation service may require the convicted person's presentation of supporting documents;

(f) the person is not convicted) prosecuted or judged for other offences;
  

g) amount of time remaining until the expiry of the test set instance is greater than 6 months. Failure to comply with this condition shall not prevent the transmission of documents and information referred to in article 1. 170 ^ 37 para. (2) If, after consultation with the State of enforcement, it declares that it can ensure enforcement of probation measures for the period of time remaining until the expiry of the test;
  


h) there are laws concerning incidents revoking or cancelling penalty;
  

I) proof that the person has lawful and habitual residence on its territory.
  

(2) At the request of the convicted person, the recognition of the judgement may be requested and another Member State than the Member State in whose territory the sentenced person has lawful and habitual residence, provided that the conditions laid down in paragraph 1. (1) (a). a)-h) and the State of enforcement has agreed to take over the enforcement in its territory of probation measures applied by the Romanian Court. In order to establish the link with the execution state in whose territory the sentenced person requesting enforcement of probation measures set out in its task, the Court of enforcement or probation service may request that the person sentenced, ex officio or at the request of the State of enforcement, the presentation of supporting documents.
  

ARTICLE 170 ^ 36 initiation request recognition of judgment (1) where, on the date of pronouncement, the person convicted shall declare that they intend to return or returned to the territory of another Member State, after any final judgement, but prior to its transmission to the probation service, the Court makes the provisions of art. 170 ^ 37 and inform the probation service concerning measures taken.
  

(2) where the judgment was transmitted to the probation service and either from the date of contact, either on the occasion of the first meeting or at a later date, the person convicted of the probation adviser says that, if appropriate, returned or plan to return to the territory of another Member State, it shall inform the Court of enforcement. Statement of the person convicted shall be recorded in minutes signed by the probation officer and convicted person, if it is present, and shall be forwarded to the Court of execution with the proposal to initiate the procedure laid down in article 21. 170 ^ 37. The proposal is contained in a reasoned report.
  

ARTICLE 170 ^ 37 Transmission certificate and judgement (1) the certificate provided for in the annex. 9 is completed by the judge delegated with execution within the Court that ruled in first instance the judgment whose recognition is sought. When the judgment was given by the High Court of Cassation and justice, the certificate is completed by the judge delegated with execution within the Tribunal.
  

(2) the certificate, the judgment and, if available, the assessment report prepared by the probation service before judicial pronouncement or period of surveillance, where appropriate, shall be sent by fax, e-mail, or through any means of communication security, which leaves a trace, the competent foreign authority to receive or to execute.
  

(3) the documents referred to in paragraph 1. (2) shall be submitted translated into the language or one of the official languages of the executing State or in another language which the executing State has formally declared that it accepts.
  

(4) the transmission of the documents listed in paragraph 1. (2) may be made and secured system of the European judicial network, when it will be operational. The original of the certificate and of the judgement shall be sent at the request of the competent foreign authority through express courier services.
  

ARTICLE 170 ^ 38 requesting and sending information (1) when forwarding of the documents specified in article 17. 170 ^ 37 para. (2) the judge delegated with enforcement requests information concerning: (a) maximum duration) deprivation of liberty under the laws of the State of enforcement for the offence in respect of which it was pronounced and judgment that might be imposed on the person convicted in case of violation of the probation measures or of having committed a new offence by the person convicted;
  

(b) the Declaration of the State of enforcement) regarding or consequential decisions on the recognition of spice plants judgement.
  

(2) the Subsequent transmission of documents referred to in article 1. 170 ^ 37 para. (2) the judge shall delegate the execution of its own motion or at the request of the competent authority of the executing State, the additional information needed for the recognition of the judgment or the probation measures for execution.
  

ARTICLE 170 ^ 39 withdrawal of the certificate referred to the State of enforcement (1) the certificate shall be transmitted to the competent authority of the Member State of enforcement can be retracted when: a) after transmission of the documents referred to in article 1. 170 ^ 37 para. (2) but before judgment recognition by the State of enforcement, it is found that there are provisions regarding incidents revoking or cancelling penalty;
  

b) on receipt of the information required under art. 170 ^ 38(1). (1) it is found that the maximum term of deprivation of liberty provided by the law of the executing State for the offence in respect of which it was pronounced and judgment that might be imposed on the person convicted in case of violation of the probation measures or of having committed a new offence by the person convicted is superior to that stipulated by the Romanian law;
  

c) after receiving the decision adjusting the probation measures or in the length of the term of the test applied by the judgment whose recognition has been requested, it considers that the measures established by the State Probation enforcement are not likely to correspond to those laid out in the Romanian times judgment to ensure the social reintegration of the convicted person.
  

(2) in the cases referred to in paragraph 1. (1) (a). b) and (c)), the certificate can be withdrawn at the latest within 10 days after receiving the information, apart from cases where the execution of probation measures. In making a decision concerning the withdrawal of the certificate, the judge may require the execution of a delegate with the terms of the probation service which is competent to supervise the enforcement of the sanction in Romania.
  

ARTICLE 170 ^ 40 effects of judgment recognition by the State of enforcement (1) enforcement of the probation measures applied by a court order recognized by the State of enforcement shall be governed by the laws of the State of enforcement.
  

(2) the competence of his trial and an appeal for the purpose of abolishing or amending the judgement belongs to the Romanian State.
  

(3) Amnesty or pardon may be granted by both the State and the executing State.
  

ARTICLE 170 ^ 41 unescorted probation with consequential decisions taking by the State of enforcement (1) the Subsequent recognition of judgment, the State of enforcement has jurisdiction to take all subsequent decisions with regard to the sanction by Romanian judgment, except as provided for in article 10. 170 ^ 42.
  

(2) the duration of the supervision, the judge delegate ex officio enforcement shall communicate information which could lead to modification of the measures of sanction, revocation of probation or the execution of a sentence of imprisonment or a safety measures as a result of a breach of probation measures. Provision of information is done by filling in the form set out in the annex. 10. additional information transmission and translation shall be made according to art. 170 ^ 37 para. (2) and (3).
  

(3) where, before the recognition of the judgement of the State of enforcement, the Romanian Court proceeded to the bringing into force of the measures, probation oversight lapses in Romania as of the date on which the Court of enforcement was informed of the recognition of the judgement.
  

ARTICLE 170 ^ 42 unescorted probation without assuming the subsequent decisions by the State of enforcement (1) the State of enforcement States that in certain cases, expressly mentioned, don't assume any consequential decisions on recognition of the judgment, the Court of enforcement jurisdiction with respect to regain the revocation of the sanctions applied by the judgment. The Declaration of the State of enforcement shall be examined by the judge delegated with the execution date of filling in the certificate.
  

(2) the judge delegated with the competent authority of the executing State shall request the execution as, monitoring, to inform the Court of execution from Romania of any finding that might attract sanction the revocation, in particular with regard to non-compliance with probation measures or committing a new crime. Provision of information is done by filling in the form set out in the annex. 10. (3) where the competent authority of the executing State proceeded to the adaptation or modification of probation measures or in the length of the term and conditions of cancellation of the execution, the Court shall proceed according to the Romanian law and by reference to the judgment of conviction.
  


(4) In the situation referred to in paragraph 1. (1) if the person convicted is still in the State of enforcement, the hearing may be conducted via videoconference, according to the provisions of article 3. 172 and 178. Hearing through videoconference takes place in the presence of a probation service representative or the competent authority supervising the person from the State of enforcement.
  

(5) the competent authority of the executing State shall be informed immediately of the subsequent decision of the Court of enforcement.
  

ARTICLE 170 ^ 43 recovery of competence for the supervision of execution of court probation measures enforcing the right to regain enforce probation measures applied by the judgment passed on the State of execution when: a) certificate is withdrawn under art. 170 ^ 39;
  

b) after transmission of the documents referred to in article 1. 170 ^ 37 para. (2) or after judgment, State recognition of enforcement that are unable to enforce or to continue enforcement of the probation measures whereas the person convicted cannot be found, ran or are no longer legal and habitual residence in its territory;
  

c) in the case referred to in article 1. 170 ^ 42.
  

ARTICLE 170 ^ 44 communication between Court run from Romania and the competent authorities of the executing State and the preservation of evidence (1) for the purpose of initiating the procedure for recognition, for the duration of that procedure and the subsequent recognition of judgment, during the execution of measures of execution, court probation, by carrying out the delegated judge, communicates directly with the competent authority in the executing State by sending or requesting information to ensure efficiency and speed in the procedure for the recognition of the judgement and that to support the process of social reintegration of the person convicted.
  

(2) to track the activity of the Court, shall be drawn up and kept by the Register regarding probation measures and alternative sanctions enforced on the territory of other Member States of the European Union. In this workbook will be made the following statements: reference number; name and surname of the person convicted; the enforcing court; the number and the date of the judgement of conviction; date of transmission of the judgment and the certificate; the State of enforcement; information on enforcement of probation measures in enforcing State. "
  

50. Article 176 is amended and shall read as follows: "ARTICLE 176 picking up objects and records and performing searches (1) for the purposes of discovery and gathering of evidence in the territories of other States, the judicial authorities may request the competent Romanian foreign to lift objects and records or to conduct searches and to submit the objects handed over to high times records or during detainment. When you are prompted to perform a search request, drawn up in domiciliary under art. 172 judicial body English confirming the applicant indicates the issuance by the competent judge the conclusion by which was approved making detainment.
  

(2) for the purposes of paragraph 1. (1) the removal of objects and records and conduct searches shall be carried out according to the law of the requested State.
  

(3) when the requested State is Romania, the application of the competent foreign authorities shall contain the information referred to in article 1. 172 as well: a) the surname, forename and semnalmentele the person examined by foreign authorities, the traces of the offence or other objects that are assumed to exist in the place to be searched;
  

b) the reason for requesting the case be making;
  

(c) the indication of the legal classification), describing the situation in fact, evidence or data which shows that instead of carrying out the requested search lies the person investigated by foreign authorities or can be discovered evidence of committing the offence;
  

d) where appropriate, an indication of the evidence or data which shows reasonable suspicion with respect to committing a crime or objects and records subject to the proceeds of crime;
  

It's an indication of where) to perform the search.
  

(4) the request referred to in paragraph 1. (3) is permissible, if the following conditions are met: a) the deed which is the subject of criminal proceedings conducted in the requesting State would be set up, where they had been committed on the territory of Romania, and the author of a crime would have been sancţionabil. If the measure has been implemented for several offences, checking of the condition is made for each offence;
  

(b) the penalty provided for by law) Romanian and that of the requesting State for the offence committed by the person investigated by the requesting State is at least a year in prison.
  

(5) the conditions referred to in paragraph 1. (4) may lead to the rule of reciprocity.
  

(6) when the requested State is Romania, picking up objects and records and searches are being carried out shall have the right and the code of criminal procedure, pursuant to the Ordinance of the Prosecutor or the judge's conclusion, and in the case of domiciliary search, based on the authorization given by the Romanian competent judge. In the case of domiciliary detainment, the condition laid down in the criminal prosecution of the Criminal Procedure Code does not apply. "
  

51. In article 178, paragraphs (5) and (11) shall be amended and shall read as follows: "(5) by the competent judicial Authorities to execute the requests formulated by the authorities of other States are courts of appeal, in the course of the judgment, i.e. the public prosecutor of the Court of appeal, in the course of criminal investigation ...

(11) in the statements of the defendant or of the defendant, the other party in the criminal trial or wizard, which is located in străînătate, can be taken via videoconference whenever it is inappropriate or impossible for that person to appear personally on Romanian territory. Is deemed unable to be present personally on the territory of Romania and the person in detention in the territory of another State. In this regard, the Prosecutor who conducts or supervises the prosecution or the Court as the cause to draw up and transmit, either directly or through the central authorities referred to in article 1. 10, an application for legal aid in criminal matters. The provisions of paragraphs 1 and 2. (3) and (9) shall apply accordingly. "
  

52. In article 182, paragraphs (1) and (8) is amended and shall read as follows: "(1) joint investigation teams can be formed and can operate on the territories of Romania and of other States in order to facilitate the carrying out of criminal investigation. The procedures governing the functioning of such teams, as well as the composition, duration, location, organization, functions, scope and conditions for the participation of the members of a team to survey activities, will be established by written agreement. The national member of Eurojust or his Deputy may participate in the activities under the joint investigation team. In relation to the Member States of the European Union, the agreement shall be concluded by the first Prosecutor's Office of the Attorney general or the District Attorney who performs or supervises the prosecution or, when there is no criminal proceedings in progress in the territory of Romania, regardless of the nature of the crime, the prosecutor general's Office of the High Court of Cassation and justice or attorney designated by it. In relation to non-Member States of the European Union, the agreement shall be terminated by the Attorney general's Office of the High Court of Cassation and justice or the prosecutor appointed by him.
..

(8) where the joint investigation team activity is carried out on the territory of another State, if it considers that it is necessary to the accomplishment of research on Romanian territory, the Attorney who is a member of the joint investigation team may ask the Romanian authorities to carry out those acts, without the other participating States to submit a request for judicial cooperation, apart from cases where a person's arrest is sought in extradition or surrender where appropriate. Procedures necessary to carry out this activity in Romania will be those applicable to the activities of criminal investigation, according to the law. "
  

53. Article 185 is amended and shall read as follows: "ARTICLE 185 products and instruments of the crime (1) for the purpose of gathering data relating to the existence, location, nature, legal status or value of goods or movement of the instruments derived from committing the offence or other property in connection with the offence which is the subject of research activity and criminal prosecution, trial or enforcement of criminal investigation body the Prosecutor or the Court may request the authorities of other States with data and information in this regard.
  


(2) the assistance requested by offices for recovery of claims or other authorities with similar powers in the Member States of the European Union shall be subject to the procedure laid down by Government Decree No. 32/2011 designating Office for crime prevention and co-operation with the recovery of the claims offices in the Member States of the European Union of the Ministry of Justice, acting as the national Office for the recovery of claims in the field of tracking and identification of products from committing crimes or other property in connection with the crimes.
  

(3) in its work, the authority referred to in paragraph 1. (2) processes and transmits other recovery claims offices or authorities with similar data and information relating to identified or identifiable individuals, in compliance with the legal provisions concerning the processing of personal data. "
  

186. Article 54 is amended and shall read as follows: "ARTICLE 186 (1) Principle of Evidence or information obtained by the Romanian judicial authorities on the basis of international judicial assistance requests made by the authorities of other countries cannot be used in other criminal cases than that stated in the request without the prior consent of the competent authority of the requested State.
  

(2) the provisions of paragraphs 1 and 2. (1) applies in respect of the evidence or information obtained by the Romanian judicial authorities on the basis of international judicial assistance requests made by the Romanian authorities. The judicial authority that has executed a request by the central authority or, where appropriate, mention will be made in this respect, the submission of evidence or information. "
  

55. In article 233, paragraph (1) shall be amended and shall read as follows: "(1) by decision means, regardless of its name, such as dismissal, ruling, decision, order, resolution or report of findings, a final judgment rendered by a competent criminal investigation, a court, as well as any other authority which under the law are considered to be judicial or by an administrative authority by which a physical or legal person has been ordered to pay a penalty payment, when the judgment was taken away: a) a judicial authority, as a result of the Commission of acts which, under the laws of the issuing State, is offense;
  

b) an authority, other than the judicial process in connection with an act which, under the laws of the issuing State, is offense, whether a natural or legal person sanctioned has had the opportunity to ask for re-opening of a competent judicial authority and in criminal matters;
  

c) an authority, other than the judicial process in connection with an act which, under the laws of the issuing State, shall constitute a breach of legal norms, whether natural person or legal person sanctioned has had the opportunity to ask for re-opening by the competent judicial authority and in criminal matters;
  

d) a competent judicial and criminal matters, where the decision was taken in connection with a judgment referred to. c). "
  

56. In article 233, paragraph (2) is hereby repealed.
57. Article 234 is amended and shall read as follows: "the competent Authorities ARTICLE 234 (1) in the case of judgments given in other Member States, the Ministry of Justice, through the direction, which is competent to receive and transmit the judgment, for the purposes of enforcement, the District Court in whose district is domiciled times registered office the person against whom the sanction was applied. In addition, if the amount of money it must pay out is less than 70 euros or the equivalent in lei of the amounts refunded, in which case documents submitted by motivated the issuing State.
  

(2) in the case of decisions given by judicial or administrative authorities, the certificate shall be completed by the authority has applied the penalty payment and is transmitted, in the Romanian and străînă, together with the decision by which it has been applied that sanction, the competent authority of the Member State of enforcement. "
  

58. According to article 234 shall be inserted a new article, article 234 ^ 1 with the following content: "ARTICLE 234 ^ 1 Conditions on the execution of sanctions proceedings (1) the execution of a pecuniary penalties imposed for breach by a person or body of rules of criminal law or other legal norms shall be conducted pursuant to the provisions of this section If the pecuniary sanction shall consist of an amount of money of not less than 70 euros or the equivalent in lei of these allocations: a) to the payment of which the natural or legal person has been forced through an enforceable judgment, by way of criminal or administrative fine, if applicable; or b) representing damages awarded, through the same judgment enforceable, the injured party has not been constituted civil party, when the Court was in the exercise of its competence in criminal matters;
  

c) the payment of which the natural or legal person has been ordered by way of judicial and administrative expenses;
  

d) which must be transferred to a public fund or a victim support organisation, the payment of which the natural or legal person has been bound by the same judgment enforceable.
  

(2) not covered by this section the bringing into force of the provisions relating to: (a) confiscation of instrumentalities) or of the products of crime;
  

(b)), which is the result of an action in damages and restitution and which are enforceable in accordance with Regulation (EC) No 1782/2003. 44/2001 of the Council of 22 December 2000 on jurisdiction, recognition and enforcement of judgments in civil and commercial matters. "
  

59. In article 235, paragraphs (1) and (2) is amended and shall read as follows: "(1) a judgment, together with a certificate drawn up in accordance with paragraph 1. (2), may be submitted by the Romanian authorities. 234 directly executing authority competent in the Member State where the natural or legal person has property or income, or in which he has habitual residence or legal, in case of a legal person, has its registered office.

(2) the certificate shall be drawn up according to the standard form set out in the annex. 3. the certificate must be signed, and its contents to be certified as being in accordance with the Romanian authorities. "
  

60. Article 239, paragraph 2 shall be amended and shall read as follows: "(2) For other facts than those referred to in paragraph 1. (1) proceedings for the enforcement of the sanction, shall be subject to the condition that the Act referred to in the judgment of the judicial or administrative authority to provide for foreign and Romanian law. "
61. Article 241, paragraph 2, subparagraph (f)) is amended and shall read as follows: "(f)) in accordance with the certificate set out in annex 4. 3, natural or legal person sanctioned: (i) in the case of a written procedure, was not informed personally or via a representative competent according to the law of the same State, with regard to its right of appeal against the decision and the time limit within which it may be exercised on appeal, in accordance with the law of the issuing State; or () in the case of oral proceedings, it has not been presented personally, unless the issuing authority shall notify, in accordance with the law of the issuing State:-it was încunoştinţată, in due course, by summons written notification delivered personally or by telephone, fax, e-mail or any other similar means, in respect of the day, month, year and place of the appearance and the legal consequences in case of failure; or-it, having no knowledge of the day, month, year and place of the appearance, his lawyer has mandated's chosen or appointed ex officio to represent it, and legal representation to the Court's judgment was carried out effectively by the lawyer; or-after i was personally handed a judgment and sentence was made aware that according to the law, the cause may be rejudecată or that the decision is subject to appeal and that can be monitored including the on the basis of new evidence, and in the event of acceptance of căîi the attack, may be abolished, the person convicted or has expressly renounced the retrial or to exercise remedies căîi either not requested review of his times did not, within the period prescribed by law, the remedy;
(iii) has not been presented personally, unless the issuing authority shall notify, in accordance with the law of the issuing State, even though i have been made aware of the explicit procedures initiated against him and an opportunity to present themselves personally, it has waived the right to oral proceedings and indicated that it does not cause; "
62. In article 248 paragraph (2), after the letter b) insert a new drive letter, letter c) with the following content: "c) can be seized on the basis of extended confiscation powers according to the law of the issuing State."
63. In article 249, paragraph 2 shall be amended and shall read as follows:

"(2) when issuing State Romania is, by order of confiscation shall mean a court measure applied in conjunction with one or more offences resulting in dispossession final good question."
64. In article 262, paragraph 1 (e)) is amended and shall read as follows: "(e)) was not present in person at the judgment of the case, unless the certificate referred to in the annex. 4, it follows that: (i) was încunoştinţată in a timely manner, through subpoena written notification delivered personally or by telephone, fax, e-mail or any other similar means, in respect of the day, month, year and place of the appearance and the legal consequences in case of failure; or (them) taking cognizance of the day, month, year and place of the appearance, his lawyer has mandated's chosen or appointed ex officio to represent it, and legal representation and defence in front of the Court have been carried out effectively by the lawyer; or (iii) after i was personally handed a judgment and sentence was made aware that according to the law, the cause may be rejudecată or that the decision is subject to appeal and that can be monitored including the on the basis of new evidence, and in the event of acceptance of căîi the attack, may be abolished, the person convicted or has expressly renounced the retrial or to exercise remedies căîi either not requested review of his times did not, within the period prescribed by law, this appeal; "
65. In article 262, paragraph 1 after the letter h) insert a new letter, the letter i), with the following content: "i) confiscation judgement was handed down under the extended confiscation powers which are incompatible with the provisions of the Romanian legislation in the matter. In this case, the confiscation can be enforced at least to the extent provided by the Romanian legislation. "
66. According to article 270 shall be inserted a new article, article 271, with the following content: "ARTICLE 271 appendices. 1-10 are an integral part of this law. "
67. the endorsement by the transposition of the provisions of the framework decisions of the European Union is 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. Council framework decision 2002/584/JHA of 13 June 2002 on the european arrest warrant and the surrender procedures between Member States published in the official journal of the European Union L series nr. 190 of 18 July 2002;
2. Council framework decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders indisponibilizare goods or samples, as published in the official journal of the European Union L series nr. 196 of 2 august 2003;
3. The Council framework decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties, as published in the official journal of the European Union L series nr. 76 of 22 March 2005;
4. The Council framework decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders, published in the official journal of the European Union L series nr. 328 of 24 November 2006;
5. 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 punishments or measures involving deprivation of liberty for the purpose of their execution in the European Union, published in the official journal of the European Union L series nr. 327 of 5 December 2008;
6. Council framework decision 2009/829/JHA of 23 October 2009 on the application, between the Member States of the European Union, of the principle of mutual recognition of decisions in matters relating to judicial supervision measures as an alternative to imprisonment, as published in the official journal of the European Union L series nr. 294 of 11 November 2009;
7. 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 with a view to the supervision of probation measures and alternative sanctions, published in the official journal of the European Union L series nr. December 16, 2008 337;
8. Council framework decision 2009/299/JHA of 26 February 2009 amending framework decision 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, to enhance procedural rights of persons, and to encourage the application of the principle of mutual recognition to decisions handed down in the absence of the person concerned in the proceedings, as published in the official journal of the European Union L series nr. 81 of 27 March 2009;
9. Council framework decision 2009/948/JHA of 30 November 2009 concerning the prevention and resolution of conflicts related to the exercise of its competence in criminal proceedings, as published in the official journal of the European Union L series nr. 328 from 15 December 2009. "
68. At Annex 4. 1, letter d) is amended and shall read as follows: "(d)) specify whether the person was present in person at the trial which was pronounced judgment: 1 [] Yes, this person has been present in person at the trial in which judgment was handed down.
2. [] no, no person was present in person at the trial in which judgment was handed down.
3. If you have ticked the box in item 2, please confirm the existence of one of the following: 3.1 a. .. [] the person was cited personally from (day/month/year) and, therefore, be informed of the date and place set for the process which was handed down the judgement and was informed that a decision may be given where there is presented at the trial;
sau
3.1b. [] the person has not been cited personal, but actually received by other means, an official with the information about the date and place set for the process in which the judgment has been rendered in such a way that it has been established unequivocally that the person concerned was unaware of the lawsuit and was informed of the fact that it can be rendered a judgement in the case does not appear at the trial;
sau
3.2. [] unaware of the process established, authorized an attorney who was appointed by either the person concerned, either of its own motion, in order to defend itself at trial and was indeed strongly defended by the lawyer in question at the trial;
sau
3.3. [] the person was personally handed the judgement (day/month/year) and has been expressly informed of the right to retrial or appeal, which has the right to be present and allow the facts of the case, including new evidence, be re-examined and that could lead to the dismantling of the initial judgment; and the person has expressly indicated that it did not dispute that judgment;
or [] the person has not requested a retrial or appeal within the time limit;
sau
3.4. [] the person has not been handed over personal judgment, but judgment:-will be handed over without delay after teaching staff; and the time that the judgment shall be given, the person will be informed specifically on the right to retrial or an appeal which has the right to be present and allow the facts of the case, including new evidence, be re-examined and that could lead to the dismantling of the initial judgment; and the person will be informed of the length of time they have to ask for retrial or take an appeal, that is.
4. If you have ticked the box in section 3.1, 3.2, 3.3, or b, please provide information on the way in which the relevant condition was met: ' 69. At Annex 4. 3 h) section 3 is amended and shall read as follows: "3. Specify if the person concerned was present in person at the trial which was pronounced judgment: 1 [] Yes, this person has been present in person at the trial in which judgment was handed down.
2. [] no, no person was present in person at the trial in which judgment was handed down.
3. If you have ticked the box in item 2, please confirm the existence of one of the following: 3.1 a. .. [] the person was cited personally from (day/month/year) and, therefore, be informed of the date and place set for the process which was handed down the judgement and was informed that a decision may be given where there is presented at the trial;
sau
3.1b. [] the person has not been cited personal, but actually received by other means, an official with the information about the date and place fixed for

the process in which the judgment has been rendered in such a way that it has been established unequivocally that he was unaware of the lawsuit and was informed of the fact that it can be rendered a judgement in the case does not appear at the trial;
sau
3.2. [] unaware of the process established, authorized an attorney who was appointed by either the person concerned, either of its own motion, in order to defend itself at trial and was indeed strongly defended by the lawyer in question at the trial;
sau
3.3. [] the person was personally handed the judgement (day/month/year) and has been expressly informed of the right to retrial or appeal, which has the right to be present and allow the facts of the case, including new evidence, to be reviewed and that could lead to the dismantling of the initial judgment; and the person has expressly indicated that it did not dispute that judgment;
or [] the person has not requested a retrial or appeal within the time limit;
sau
3.4. [] person having been expressly informed about the procedure and the possibility to present themselves in person at the trial, said expressly that waives the right to a hearing and indicated that it does not contest the case.
4. If you have ticked the box in section 3.1 b, 3.2, 3.3 or 3.4, please provide information on the way in which the relevant condition was met: ' 70. At Annex 4. 4, letter j) is amended and shall read as follows: "j) Procedures which led to the judgment to seize 1. [] Yes, this person has been present in person at the trial which was issued the order of seizure.
2. [] no, no person was present in person at the trial which was issued the order of seizure.
3. If you have ticked the box in item 2, please confirm the existence of one of the following: 3.1 a. .. [] the person was cited personally from (day/month/year) and, therefore, be informed of the date and place set for the process which was issued the order to seize and was informed that a decision may be given where there is presented at the trial;
sau
3.1b. [] the person has not been cited personal, but actually received through other means, the official notification of the date and place set for the process which was issued the order of confiscation, in such a way that it has been established unequivocally that he was unaware of the lawsuit and was informed that a decision may be given where there is presented at the trial;
sau
3.2. [] unaware of the process established, authorized an attorney who was appointed by either the person concerned, either of its own motion, in order to defend itself at trial and was indeed strongly defended by the lawyer in question at the trial;
sau
3.3. [] the person was personally handed the decision on confiscation (day/month/year) and has been expressly informed of the right to retrial or appeal, which has the right to be present and allow the facts of the case, including new evidence, to be reviewed and that could lead to the abolishment of the initial decision; and the person has expressly stated that it did not dispute the judgment;
or [] the person has not requested a retrial or appeal within the time limit.
4. If you have ticked the box in section 3.1, 3.2, 3.3, or b, please provide information on the way in which the relevant condition was met: ' 71. After annex. 4 introduce six new annexes, appendices. 5-10, having regard to the contents provided in the appendices. 1-6 to this law.


Article II on the date of entry into force of law No. 286/2009 relating to the penal code, as amended and supplemented, and the law. 135/2010 of the criminal procedure code, with subsequent amendments and additions to law No. 302/2004 relating to international judicial cooperation in criminal matters, republished in the Official Gazette of Romania, part I, no. 377 of 31 May 2011, with amendments and additions made by this law, shall be amended as follows: 1. In article 5, paragraph 3, point b) shall read as follows: "(b)) may contribute to improving the situation of the suspect, the accused or detainee at times his social reintegration;"
2. In article 8 (1), subparagraph (b)) shall read as follows: "(b)) the punishment imposed in question, by a final judgment of conviction, has been served or has formed the subject of a pardon or amnesty, in its totality or part of the failed times over if it was willing to dispense with the application of the death penalty times to defer application of the death penalty and has expired under article 13. 82 para. (3) of the penal code, namely the period of supervision under article 13. 84 of the penal code without interfering the revocation or cancellation thereof. "
3. Article 15 shall read as follows: ' article 15 punishment measures duration and deduction of custodial sentences (1) and of measures involving deprivation of liberty, in fulfilment of a request made by the Romanian authorities under this Act, shall be taken into account in the course of criminal proceedings and the sentence duration is compută applied by the courts.
  

(2) Romanian authorities requested are required to notify the competent authorities of the requesting State the information required and the length of sentences involving deprivation of liberty executed in Romania, on the basis of a request addressed to the judicial authorities. "
  

4. Article 18 shall read as follows: "article 18 Persons subject to extradition can be expelled from Romania, under the present law, at the request of a State străîn, persons on its territory who are prosecuted or are sent to court for committing a crime or are sought to enforce a measure of safety, of a sentence or a decision of the Criminal Court in the requesting State."
5. In article 19, paragraph 1, subparagraph d) shall read as follows: "d) foreign nationals from străînătate for the purposes of the hearing that the suspects, persons injured parties, witnesses or experts in front of performers times judicial authority within the Romanian demanding immunities accorded by International Convention."
6. In article 23, paragraph (2) shall read as follows: "(2) where Romania opts for the solution of a străîn citizen's extradition refusal, the person suspected, accused or convicted in another State for one of the offences mentioned in article 1. 96 para. (1) or for any other offence in respect of which the requesting State law stipulates jail whose special minimum is at least 5 years, examining one's own skills and exercise, where appropriate, criminal action shall be made ex officio, without exception and without delay. Romanian authorities requested shall act in the same conditions as for any offence with serious character referred to Romanian law and punishable. "
7. In article 24, paragraph (1) shall read as follows: "(1) Extradition shall be admissible only if the Act for which he is suspected or accused or sentenced person whose extradition is requested is referred to as the crime so the requesting State law and Romanian law."
8. Article 28 shall read as follows: "ARTICLE 28 to defer application of the death penalty and suspension of sentence under supervision the person to whom it was willing to postpone the application of the death penalty or the person sentenced to a penalty involving deprivation of liberty with suspension of sentence under supervision may be extradited if the fraction remaining penalty executed by gravity respond the requirements laid down in article 21. 26, and there are no other legal impediments to extradition. "
9. Article 32 shall read as follows: ' article 32 hearing missing (1) where a person's extradition is sought to enforce a sentence handed down by a judgment given in default, the Romanian State may refuse extradition for this purpose, if it considers that the procedure for court spurned the right to self-defence recognised any person suspected or accused of committing a crime. However, extradition shall be granted if the requesting State gives assurances deemed sufficient to ensure the person whose extradition is requested the right to a new court procedure which would safeguard the rights of defence. Judgment justifies extradition requesting State either to switch to a new trial in the presence of the detainee, if he does not oppose, be extradited to pursue otherwise.
  


(2) When the Romanian State shall communicate to the person whose extradition is sought judgment given in default, the requesting State will not consider this communication as a notification entice effects against criminal proceedings in that State. "
  

10. In article 42, paragraph (3) shall read as follows: "(3) judgment on the request for extradition shall be subject to appeal, as provided in article 13. 52 para. (8) and article. 53. "11. In article 43, paragraphs (5) and (9) shall read as follows: "(5) in the resolution of the request for extradition, the Court shall periodically verify, but no later than 30 days, the need to maintain provisional arrest, potentially has, where appropriate, the maintenance of provisional arrest or its replacement with the measure of arrest at home, judicial control or on bail. So far as provisional arrest is replaced by house arrest, judicial review or on bail only in justified cases and only where the Court considers that extrădabilă person will not try to evade the prosecution request for extradition.
..

(9) the Conclusion has ordered making, maintenance, replacement or termination of provisional detention measure for extradition purposes can be attacked separately with opposition, within 48 hours after delivery. The dossier will be forwarded to the hierarchically superior court within 48 hours, and the opposition is judges within 5 days after the registration of the case. The opposition lodged against concluding that ordered the taking or maintaining the measure provisional arrest is not standstill. "
  

12. In article 52, paragraphs (8) and (9) shall read as follows: "(8) in proceedings on extradition may be appealed to the prosecutor general with the competent opposition and extrădabilă person, within 5 days from the pronouncement of the Criminal Section, the High Court of Cassation and justice. The Attorney general may lodge opposition ex officio or at the request of the Minister of Justice.

(9) the appeal filed against the ruling which rejected the extradition request is suspensive. The opposition filed against the ruling by which extradition has been ordered, is stand still except for the provisions relating to provisional arrest with a view to extradition. "
  

13. Article 53 shall read as follows: "ARTICLE 53 Prosecution appeal and judgment (1) motivation of the sentence the Court of appeal, the case shall be submitted as soon as the Criminal Division, High Court of Cassation and justice.
  

(2) the President of the Criminal Division of the High Court of Cassation and justice, and received the dossier, fixed term independent judgment registered in the role of other causes, as a priority.
  

(3) the judgment of the appeal shall be made within a period of not more than 10 days, a fully-formed of 3 judges.
  

(4) in order to settle the appeal, presiding may refer to one of the judges on an Assistant or magistrate to make a written report.
  

(5) the dossier of the case shall be returned to the Court of appeal not later than 3 days after the resolution of the appeal.
  

(6) the final judgement on the extradition shall be communicated to the prosecutor general's Office of the Court of appeal judged the cause in the first instance and specialized division of the Ministry of Justice. "
  

14. In article 66, paragraph (5) shall read as follows: "(5) the conclusion referred to in paragraph 1. (3) may be appealed by the Prosecutor with the opposition, within 24 hours of delivery. The dossier of the case is forwarded to the hierarchically superior court within 24 hours. The appeal is the judge no later than 3 days by the higher court. Superior Court will refund the first instance folder, within 24 hours after the resolution of the appeal. "
15. In article 88 (3) and (4) shall read as follows: "(3) the european arrest warrant is issued: a) during criminal prosecution, the judge of the rights and freedoms of the court appointed by the President to which it would return to the jurisdiction of the jurisdiction as to the merits, ex officio or upon referral to the Prosecutor who conducts or supervises the prosecution of the person;
  

b) in court by the judge designated by the President of the first instance of its own motion or upon referral to the Prosecutor or to the organ which lie to its enforcement mandate of preventive arrest or judgment which has taken the measure of deprivation of liberty;
  

(c) the execution phase), by the judge designated by the President of the Court, ex officio or upon referral to the Prosecutor or to the organ which lie to its enforcement mandate of enforcing the death penalty commuted to life imprisonment or prison or judgment which has taken the measure of deprivation of liberty.
  

(4) the competent Judge shall verify that the conditions referred to in paragraph 1. (1) and shall, after the event, as follows: a) issuing european arrest warrant and supervise measures for transmitting, in accordance with the provisions of art. 86 para. (3), art. 89 and 90;
  

b) finds, by a reasoned conclusion, that they are not satisfied the conditions laid down in paragraph 1. (1) to issue a european arrest warrant. The conclusion can be contested with opposition Prosecutor, within 3 days of receipt. The opposition is superior court judge, within 3 days from the registration of the case, in the Council Chamber, without summoning the parties, with the participation of the Prosecutor. In case of appeal, the judge originally referred to the rights and freedoms shall be obliged to issue a european arrest warrant. "
  

16. In article 98, paragraph 2, subparagraph (h)) shall read as follows: "h) when a Romanian judicial authority decided to be waiving prosecution, either ranking for the offence on which the european arrest warrant is based or has decided, against the person sought, a definitive judgment, concerning the same acts, which prevents future procedures;"
17. In article 99, paragraphs (3) and (6) shall read as follows: "(3) if the european arrest warrant shall contain the information referred to in article 1. 86 para. (1) and is translated according to the provisions of paragraph 1. (1) the Prosecutor shall make arrangements for identifying, searching, locating and catching the person requested. The provisions of article 521-526 of the code of criminal procedure shall apply accordingly.
..

(6) if the person sought is the subject of ongoing criminal proceedings for the same acts for which he was issued the european arrest warrant, the Prosecutor shall, for information, to the Prosecutor of the case or the competent court a copy of the european arrest warrant, and, where relevant, the additional information supplied by the issuing judicial authority, urging him to appreciate and to inform emergency if prosecution or judgement may be suspended pending the resolution of the case by the Romanian judicial authority. The provisions of article 312, 313 and, respectively, of article 23. 367 of the code of criminal procedure shall apply accordingly. "
  

18. In article 102, paragraph (3) shall read as follows: "(3) to track the activity of the Court, shall be drawn up and kept the register concerning the arrest and handover based on European arrest warrants. In this workbook will be made the following statements: reference number; name and surname of the person; Prosecutor's address number and date; number and date of the european arrest warrant; the issuing judicial authority; the court file number; date and delivered solution; number and date of arrest mandate domestic; the duration of pre-trial detention, with indication of the date on which the measure and the date on which it expires; name and surname of the judge who ordered the pre-trial detention measure and/or teaching of the person; the earliest opportunity for appeal, whereas separately against which solutions was declared the appeal; date of filing of the appeal to the Court for judicial review; hierarchically superior court solution, as well as extensions of pre-trial detention; notification of the decision of the issuing judicial authority over teaching, the Ministry of Justice and the International Police Cooperation Centre within the General Inspectorate of the Romanian police. "
19. In article 103, paragraph 11 shall read as follows: "(11) where the requested person shall be at liberty, the Court has towards this measure of control, judicial control on bail or domiciliary arrest, article 4. 211-222 of the code of criminal procedure shall apply accordingly. In this case, where the Court has subsequently executing the european arrest warrant, by way of teaching, and the arrest of the person shall be required in order to surrender to the issuing judicial authority. "
20. Article 108 shall read as follows: "review of ARTICLE 108 (1) the decisions referred to in articles. 101, art. 103 para. (8) and (9) opposition may be appealed within 24 hours of delivery.
  

(2) a judgment referred to in article 1. 107 para. (1) may be appealed within opposition 5 days after delivery, except if the person sought consents to surrender, when the judgment is final.
  


(3) the notice of opposition declared against the ruling which ordered the surrender of the requested person is stand still, with the exception of the provisions concerning pre-trial detention measure. The dossier will be forwarded to the hierarchically superior court within 24 hours. "
  

21. Article 109 shall read as follows: "ARTICLE 109 of the opposition the opposition Resolution declared under the conditions laid down in article 21. 108 are in particular decide not later than 3 days after the registration of the case. "
22. In article 125, paragraph (3) shall read as follows: "(3) the conclusion referred to in paragraph 1. (2) can be appealed with the opposition. The term opposition is 5 days and run from the pronunciation. The dossier will be forwarded to the hierarchically superior court within five days, while the opposition is judges within 30 days of the registration of the case. The appeal is suspensive. "
23. In article 128, paragraph (5) shall read as follows: "(5) Once a request for vested with the takeover of the judgment, the Court of Appeal reasoned through the competent discharge has on the admissibility of the application. Completion is subject to appeal, within 5 days after the pronouncement. "
24. In article 129, paragraph (2) shall read as follows: "(2) However, the provisions of paragraphs 1 and 2. (1) does not apply if: (a) the facts covered by the judgment) străînă have been committed in whole or in part in the territory of Romania. In this case, the exception does not apply if the acts were committed in part in the Member State where the judgment has been pronounced;
  

b) targeted străînă judgment facts constitute a crime against national security or other essential interests of Romania;
  

c) covered by the străînă judgement deeds were committed by an official through the breach of its Romanian service. "
  

25. In article 132, the letter h) shall read as follows: "h) where appropriate, any expertise, medical report or other documents attesting to the physical and mental condition of the person convicted, treatment followed by it in the territory of the issuing State and any recommendations for further treatment in Romania, and, in the case of the detainee, the IP copy paragraphs;"
26. In article 135, paragraph 11 shall read as follows: "(11) the sentence referred to in paragraph 1. (6) shall be drawn up not later than 5 days after delivery and shall be sent to the Directorate of the Ministry of Justice specialist to communicate to the person convicted. The sentence can be appealed with the call, within 10 days, the Prosecutor, ex officio or at the request of the Minister of Justice, as well as by the person convicted. For the District Attorney, the time limit runs from the date. For the person convicted, the period runs from the communication of the copy on your device. The dossier will be forwarded to the Court of appeal within three days and call the judge in 10 days, in the Council Chamber, without summoning the convicted person. The presence of the Attorney is required. "
27. In article 137, paragraph 6, subparagraph (b)) shall read as follows: "(b)) when, before pronouncing a judgment for recognition of foreign judgment, the duration of pre-trial detention or arrest at home has reached a length of prison sentence imposed in străînătate; or "28. Article 137, paragraph 8 shall read as follows: "(8) the sentence shall be drawn up not later than 10 days after delivery. Against it may declare the appeal within 10 days, the Prosecutor ex officio or at the request of the Minister of Justice, as well as the sentenced person. For the District Attorney, the time limit runs from the date. For the person convicted, the period runs from the date or, in the case of lacking both in the debates, as well as from the date of the notification, the copy on your device. The dossier will be forwarded to the Court of appeal within three days and call the judge in 10 days, in the Council Chamber, without summoning the convicted person. The presence of the Attorney is required. "
29. In article 139, paragraph (3) shall read as follows: "(3) full Court judges consisting of a single judge, in the Council Chamber, with the attendance of the parties. The presence of the Attorney is compulsory. The Court decides by sentence. The sentence can be appealed with the call, within 10 days of the pronouncement, the Prosecutor or the person concerned. The dossier will be forwarded to the Court of appeal within three days and call it judges within 10 days. "
30. In article 140, paragraph (5) shall read as follows: "(5) full Court judges consisting of a single judge, in the Council Chamber, with the attendance of the parties. The presence of the Attorney is compulsory. The Court decides by sentence. The sentence can be appealed with the call, within 10 days of the pronouncement, the Prosecutor or the person concerned. The dossier will be forwarded to the Court of appeal within three days and call it judges within 10 days. "
31. Article 154, paragraph 11 shall read as follows: "(11) Against the decision under paragraph 1. (6) may appeal, declare within ten days, the Prosecutor and the convicted person. For the District Attorney, the time limit runs from the date. For the person convicted, the period runs from the communication of the copy on your device. The dossier will be forwarded to the Court of appeal within three days and call the judge in 10 days, in the Council Chamber, without summoning the convicted person. The presence of the Attorney is required. "
32. In article 160, paragraph (7) shall read as follows: "(7) the provisions of article 4. 154 paragraph 1. (5) to (9), (13) and para. (15) shall apply accordingly. The sentence will be issued within 10 days from the date of pronouncement. Appeal against sentence may declare, within 10 days, the Prosecutor and the convicted person. For the District Attorney, the time limit runs from the date. For the person convicted, the period runs from the date or, in the case of lacking both in the debates, as well as from the date of the notification, the copy on your device. The dossier will be forwarded to the Court of appeal within three days and call the judge in 10 days, in the Council Chamber, with the attendance of the person convicted. The presence of the Attorney is required. "
33. In article 170, paragraph ^ 13 (4) shall read as follows: "(4) against the order of the public prosecutor may make a complaint the person supervised or any interested person, if the injury of his legitimate interests. The complaint shall be made within 5 days of the communication of the copy on the Ordinance. The dossier shall be sent to the competent court within 24 hours from the wording of the complaint. The issuing State shall be informed without delay about the complaint formulated. "
34. In article 14, 170 ^ (4) to (6) shall read as follows: "(4) a judgment can be appealed with the call within 5 days from the date of the communication, whenever appropriate, supervised by the person or any interested person, whether through the recognition of the instrument by which the issuing State has taken the measure of oversight was brought to harm his legitimate interests.

(5) the appeal shall be lodged with the Court of which the judge is part of the willing on the Act by which the issuing State has taken the measure of supervision. The dossier shall be sent to the Court of appeal, within 24 hours of the call. The issuing State shall be informed without delay about the appeal reads.
  

(6) the appeal shall decide within 10 days from the date of registration of the case to the Court, 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 and any entries submitted. When he had them, not call suspend supervision of compliance with the obligations incumbent upon the person supervised. In the case of acceptance of the call against non-recognition solution of the instrument by which the issuing State has taken the measure of supervision, the Court dissolved the solution attacked, recognizes the Act by issuing State which took the measure and sets out the obligations incumbent upon the person supervised. The final conclusion is communicated directly to the competent authority in the issuing State. The Court shall so inform the Court and the direction of the Ministry of Justice. "
  

35. In article 25, paragraphs 170 ^ (4) and (5) shall read as follows: "(4) may appeal against the ruling to declare, within 5 days, the Prosecutor ex officio or at the request of the probation service, and the person convicted. For the District Attorney, the time limit runs from the date. For the person convicted, the period runs from the date or, in the case of lacking both in the debates, as well as from the date of the notification, the copy on your device.

(5) the Court of appeal judges completely consisting of a single judge. The provisions of paragraphs 1 and 2. (1) shall apply accordingly. The dossier will be submitted to the Court within three days and call it resolves within 5 days. The judgment shall be drawn up not later than 5 days from the date and communicated to the person convicted and the probation service. "
  

36. In article 170 ^ 35 (1) (a)) and g) will read as follows: ') judgment the Court has ordered one of the following penalties: (i) suspension of sentence under supervision under article. 91 of the penal code;
() stage of civic training, supervision, duty at weekends, assisting in daily basis. 115 of the penal code;.


g) amount of time remaining until expiry of the established supervisory instance is greater than 6 months. Failure to comply with this condition shall not prevent the transmission of documents and information referred to in article 1. 170 ^ 37 para. (2) If, after consultation with the State of enforcement, it declares that it can ensure enforcement of probation measures for the period of time remaining until expiry of oversight; "
  

37. In article 44, paragraph 170 ^ (2) shall read as follows: "(2) to track the activity of the Court, shall be drawn up and kept by the Register regarding probation measures and alternative sanctions enforced on the territory of other Member States of the European Union. In this workbook will be made the following statements: reference number; name and surname of the person to whom to cheer the judgment; the enforcing court; number and date of the judgment; date of transmission of the judgment and the certificate; the State of enforcement; information on enforcement of probation measures in enforcing State. "
38. Article 172 shall read as follows: "ARTICLE 172 of the general Content of the application for legal aid or attached thereto (1) the application for legal aid must indicate: (a) the name of the requesting judicial authority) and the name of the requested judicial authority;
  

(b) the reasons for the application object);
  

c legal qualification of the facts);
  

d) identification details of the suspect, the accused or detainee or witness or expert, as appropriate;
  

It's legal) employment summary presentation of the facts.
  

(2) The application shall be attached in support of its acts, where appropriate, depending on the nature and subject matter of the application.
  

(3) the acts of legal aid are annexed application must be certified by the requesting judicial authority, are exempt from any further ADO we also provide. "
  

39. In article 174 (1) (a)) shall read as follows: "locating and identifying persons) and objects; hearing of the suspect, the accused, the injured person, civil party, the party responsible civilmente, witnesses and experts, and confrontation; searches, picking up objects and seizure and confiscation of tracts, special or expanded; research on the spot and replenishment; expertise; transmission of the information required in a particular process, tapping, an examination of archival documents and files and other such acts of procedure. "
40. Article 178 (9) and (11) shall read as follows: "(9) the provisions of this article may be applied in the case of suspects or defendants, the hearing if the person concerned agrees and if there is an agreement to that effect between the judicial authorities and those of the requesting State ...

(11) in the statements of the suspect or the accused, the other parties to the criminal proceedings or the wizard, which is located in străînătate, can be taken via videoconference whenever it is inappropriate or impossible for that person to appear personally on Romanian territory. Is deemed unable to be present personally on the territory of Romania and the person in detention in the territory of another State. In this regard, the Prosecutor who conducts or supervises the Criminal Court's role which the times lies cause to draw up and transmit, either directly or through the central authorities referred to in article 1. 10, an application for legal aid in criminal matters. The provisions of paragraphs 1 and 2. (3) and (9) shall apply accordingly. "
  

41. Article 181 shall read as follows: "ARTICLE 181 Using undercover investigators (1) the Romanian State may agree with a străîn State to afford each other mutual assistance for the conduct of investigations by undercover investigators.
  

(2) the competent Romanian authorities will decide on a case by case basis, according to Romanian law.
  

(3) subject to the conditions provided for by the law enforcement authorities, Romanian Romanian and foreign companies will establish concrete modalities for conducting the investigation and the legal status of agents. "
  

42. In article 183, paragraph (5) shall read as follows: "(5) the supervision referred to in paragraph 1. (3) cannot take place only for one of the following acts: (a) murder and manslaughter) qualified;
  

b) serious crimes of a sexual nature including rape and sexual abuse of minors;
  

c) destruction and destruction perpetrated by qualified, arson, explosion or by any such means;
  

d) counterfeiting and forgery of means of payment;
  

e) theft and robbery in the qualified form and receipt of stolen goods;
  

f) misappropriation;
  

g) lipsire of liberty unlawfully;
  

h) crimes of trafficking in human beings, trafficking in minors, using the services of a person being exploited, child pornography;
  

I) offences relating to trafficking in drugs or precursors;
  

j) offences relating to the failure to observe the regime weapons and munitions, explosive materials, nuclear materials and other radioactive materials;
  

k) illegally transport toxic waste and harmful;
  

l) migrant trafficking, facilitating illegal stay in Romania;
  

m) blackmail. "
  

43. In article 188, (2) and (3) shall read as follows: "(2) in the case referred to in paragraph 1. (1) in the application or summons, mention the amount of reimbursable expenses, maintenance, transport, housing and other expenses required for the rollout of the call in front of the judicial authorities. Romanian judicial authority which ordered the call may request the requested State, upon request, to grant an advance on the witness or expert, reimbursement will be made on special expenses Fund.

(3) If the person has the appearance of a witness or expert is asked Romanian authorities of a străîn State, if the witness or expert States that will bear the personal, it may require an advance on the amount of the expenditure occasioned by the call in front of the judicial authorities. The Court will indicate by concluding the amount of money requested by the witness or expert, the banking unit where to record the amount of money being made, recorded in the name of the witness or expert, at the disposal of the competent Romanian judicial authority. The conclusion of the Court, as well as his written statement to the witness or expert shall be communicated to the requesting State on one of the remedies referred to in article 1. 11 or 12. "
  

44. Article 189 shall read as follows: "ARTICLE 189 refundable Expenditure expenditure Level of transport, maintenance, housing and other expenses required for the rollout of the call in front of the judicial authorities, the witness or expert be refunded by the requesting State shall be calculated from the place of residence and will be awarded at levels at least equal to those provided for in the terms and conditions of the regulations in force in the State in which the hearing should take place."
45. In article 193, paragraph 4 shall read as follows: "(4) where the person consents to the transfer of the detained, the Court shall verify that the conditions referred to in paragraph 1. (6) following the disposal, through discharge, acceptance or rejection of the application, as appropriate. The conclusion can be contested with opposition, within 24 hours following the pronouncement by the competent prosecutor. The opposition resolve within 3 days. "
206. in article 46, paragraph 2, letter a) shall read as follows: "the Romanian legislation) and that of the requested State to make provision for the Act that prompted the request for rogatory a penalty involving deprivation of liberty or a safety measure with restrictive character of liberty whose maximum is at least 6 months, or the laws of one of the parties to provide for a penalty equivalent , and in other legislation to be punishable deed as a violation of the legal norms, established by the administrative authorities whose decision may be appealed before a court competent in criminal matters; "
47. In article 223, paragraph (1) shall read as follows: ' 1. the following offences, regardless of the designation of the law of the issuing State, if they are sanctioned by the law of the issuing State with a deprivation of liberty whose maximum duration is at least 3 years, shall not be subjected to verification of fulfilment of the double criminality condition: 1. participation in an organized criminal group;
2. terrorism;
3. traffic in persons and of minors;
4. sexual exploitation of children and child pornography;
5. illicit traffic in drugs and psychotropic substances;
6. illicit traffic in weapons, munitions and explosives;
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. the counterfeiting of currency, including euro counterfeiting;
11. the facts related to cybercrime;
12. offences against the environment, including the illicit animal species and endangered species and varieties of plants on the verge of extinction;
13. the facilitation of illegal entry and stay;
14. murder, bodily injuries;

15. illicit traffic in human organs and tissues;
16. abduction, being deprived of freedom unlawfully and hostage taking;
17. racism and xenophobia;
18. organized theft or reinforced;
19. illicit traffic in cultural goods, including antiques and works of art;
20. cheating;
21. racketul and extortion of funds;
22. counterfeiting and piracy of products;
23. falsification of official documents and the use of forgery;
24. the counterfeiting of means of payment;
25. illicit substances and other hormonal growth factors;
26. illicit traffic in nuclear or radioactive materials;
27. trafficking in stolen vehicles;
28. rape;
29. larceny with intent;
30. the crimes which come under the jurisdiction of the International Criminal Court;
31. unlawful seizure of vessels or aircraft;
32. sabotage. "
48. Article 228 shall read as follows: "ARTICLE 228 the recognition and enforcement of judgment (1) Court case, through concluding resolves, given in the Council Chamber in full consisting of a single judge. The judgment is made and in particular.
  

(2) the termination of the opposition may be appealed within five days of the delivery times from communicating, as appropriate, by any person, including third parties in good faith, if this has brought harm to his legitimate interests. The provisions of article 227 shall apply accordingly.
  

(3) the dossier is sent to the hierarchically superior court within 24 hours after the formulation of the opposition. The opposition resolve within five days, based on the material of the case and any entries submitted.
  

(4) the appeal shall not suspend the execution of the order of indisponibilizare.
  

(5) the order of indisponibilizare carried out by the Prosecutor's Office designated in the framework of the competent court. "
  

49. Article 244 shall read as follows: ' article 244 pecuniary penalty Replacement If the execution of a judgment is not possible, either wholly or in part, the Romanian judicial authority may order the execution of the substitution of the fine, pursuant to article. 63 or 64 of the penal code. "


Article III Applications pending at the date of entry into force of the provisions of article 3. I remain to be settled by the competent courts, in accordance with the law in force at the time of referral to them. In the case of a căîi, if ordering the abolition or, where appropriate, the disposal of determination and retrial, it will judge the competent court according to the present law. Transfer of sentenced persons under escort in EU Member States against which, on the date of entry into force of the provisions of article 3. I, is being taken to resolve or have issued warrants for the execution of the prison sentence is made according to art. 131 paragraph 2. (4) of law No. 302/2004, republished, with amendments and additions made by art. I. Article IV article. I and III shall enter into force 15 days after publication in the Official Gazette of Romania, part I, and the provisions of art. (II) at the date of entry into force of law No. 286/2009 relating to the penal code, as amended and supplemented, and the law. 135/2010 relating to the code of criminal procedure, as amended and supplemented.


Article V the law. 302/2004 relating to international judicial cooperation in criminal matters, republished in the Official Gazette of Romania, part I, no. 377 of 31 May 2011, with amendments and additions made by this Bill, will the Republic Official Gazette of Romania, part I, following the entry into force of law No. 286/2009 relating to the penal code, as amended and supplemented, and the law. 135/2010 relating to the code of criminal procedure, as amended and supplemented, posing a new texts.
This law was adopted in the Romanian Parliament, in compliance with the provisions of art. 75 and of art. 76 para. (1) of the Constitution of Romania, republished.
PRESIDENT of the CHAMBER of DEPUTIES VALERIU-SENATE PRESIDENT GEORGE STEPHEN ZAHER-CRIN ANTONESCU Bucharest, RAHUL November 15, 2013.
No. 300.


Annex 1 — — — — — —-(annex 5 to the law No. 302/2004) — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — (1) the CERTIFICATE of the issuing State) *: * the State of enforcement: b) the Court which pronounced a final judgement condemning the official name: the judgment was given to (mention date: dd-mm-yyyy): judgement remained the final (mention date: dd-mm-yyyy): registration number of the decision (if applicable): c) information relating to the authority may be contacted in the event of possible questions regarding certificate 1. Authority type: Please tick the appropriate box: Central Authority []: []: [] instance of other authority: 2. contact details of the authority referred to in subparagraph (a). (c) official designation): address: Tel. No. (country code) (area code region/city): fax No. (country code) (area code region/city): e-mail (if available): 3. The languages in which it is possible to communicate with authority: 4. contact details of the person/persons who should be contacted in order to obtain additional information for the purpose of execution of judgment or to obtain an agreement on procedures for transferring (name , title/grade, no. Tel. No. fax, e-mail address), if different from those in section 2: d) information relating to the person upon whom the condemnation pronounced Name: Surname: (1) the certificate must be written or translated into one of the official languages of the Member State of enforcement or any other language accepted by that State.
Name before marriage, if applicable: name where appropriate: Sex: citizenship, social security number or social insurance number (if applicable): date of birth: place of birth: Last known address/residence: language (s) on which it (they) understand (if known): the person sentenced is located: in the issuing State and is expected to be transferred to the executing State;
in the State of enforcement, and enforcement is to take place in that State.
Additional information to be provided, if available and if applicable: 1. The photograph and fingerprints of the person and/or contact data of the person to be contacted in order to obtain such information: 2. Type and number of the identity card or passport of the person sentenced: 3. Type and number of the residence permit of the person convicted: 4. Other relevant information relating to the family of the person convicted and professional or social ties with the State of enforcement : e) application of preventive arrest made by the issuing State (where the convicted person is in the State of enforcement) of the issuing State shall request the State of enforcement to arrest the person sentenced or to take any other measures in order to ensure that the person sentenced remain on its territory up to the pronouncement of recognition and execution of the death penalty.
The issuing State has already requested execution state to arrest the person sentenced or to take any other measures in order to ensure that the person sentenced remain on its territory up to the pronouncement of recognition and execution of the death penalty. Please specify the name of the issuing State authority which made the decision on the request for the arrest of the person (if any and if the information is available): f) liaison with a european arrest warrant (MEA) issued previously was issued a european arrest warrant for the purposes of enforcing a sentence or a measure involving deprivation of liberty, and enforcing Member State undertakes to carry out the punishment or measure involving deprivation of freedom [article 4 para. (6) in MY framework decision].
Issue date and registration number, if applicable: name of the authority issuing the decision Date of my execution of penalty and registration number, if applicable: name of the authority issuing the decision of execution of punishment: it was my order delivered a prosecution of a person who is a national or resident of the executing State and the State of enforcement has taught that person provided that the person to be returned to the executing State to execute punishment or measure involving deprivation of liberty applied to the issuing Member State [article 5 para. (3) of the framework decision MY].
Date of submission of the person: the name of the authority which issued the decision to surrender:

The registration number of the decision, if it is available: date of surrender of the person, if known: g) the reasons for judgement and transmission of the licence [in case you completely lit.), it is not necessary to fill in this box]: the judgment and the certificate are submitted by running state-hard because the issuing authority determines that the execution of the death penalty by the State of enforcement would serve the purpose of facilitating the social rehabilitation of convicted persons and : the executing State) is the State of nationality of the person sentenced as it lives b) enforcing State is the State of nationality of the convicted person in which the person sentenced will be expelled as soon as it is cleared for execution of punishment, pursuant to an order of deportation or deportation included in judgment or an administrative or judicial decision times in any other action taken as a result of that decision. If the order of expulsion or deportation is not included in the judgment, please specify the name of the authority which issued the order, date of issue and the serial number, if available) c of the enforcement State is a State, other than that referred to in (b). the) b), whose competent authority agrees with the judgement and transmit the certificate to the respective State d) enforcing State has sent a notification under article 21. "". (7) of the framework decision and it is confirmed that: after the notice of the competent authority of the issuing State, the condemned person is living and has had legal residence continuously for a period of at least 5 years in the State of enforcement and shall preserve the right of permanent residence in that State or it is confirmed that the condemned person is a national of the State of enforcement.
h) Judgment of conviction 1. The judgment refers, in total, at. .. offenses.
Summary of the facts and a description of the circumstances in which has (have) been committed (committed) crime (crimes), including the date, time and place and the nature of the involvement of the person convicted and legal nature of the crime (crime) and the applicable legal provisions on the basis of which it was pronounced judgment: 2. To the extent that the crime (crime) identified (identified in (b) h) subparagraph (1) represents one or more of the following offences as required by the national law of the issuing State, which are punishable in the issuing State by a sentence or a measure involving deprivation of liberty whose maximum duration is at least 3 years, please confirm by checking the appropriate box (boxes): [] participation in an organized criminal group;
[] terrorism;
[] trafficking in persons;
[] sexual exploitation of children and child pornography;
[] trafficking in illicit drugs and psychotropic substances;
[] illicit trafficking in weapons, munitions and explosives;
[] corruption;
[] fraud, including that against the financial interests of the European communities, within the meaning of the Convention on the protection of the European Communities ' financial interests of 26 July 1995;
[] laundering offence products;
[] counterfeiting, including counterfeiting of the euro;
[] facts related to cybercrime;
[] crimes against the environment, including the illicit animal species endangered and illegal trafficking of species and varieties of plants on the verge of extinction;
[] facilitation of illegal entry and stay;
[] murder and serious bodily injury;
[] illicit trafficking in human organs and tissues;
[] kidnapping, being deprived of freedom unlawfully and hostage-taking;
[] racism and xenophobia;
[] organized or armed robbery;
[] illicit trafficking in cultural goods, including antiques and works of art;
[] deception;
[] racketul and extortion of funds;
[] counterfeiting and piracy of goods;
[] forgery of official documents and the use of forgery;
[] forgery of means of payment;
[] illicit trafficking in hormonal substances and other growth promoters;
[] illicit trafficking in nuclear and radioactive materials;
[] trafficking in stolen vehicles;
[] rape;
[] arson with intent;
[] crimes falling within the jurisdiction of the International Criminal Court;
[] unlawful seizure of ships and aircraft;
[] sabotage 3. To the extent that the offence (criminal offences) indicated (indicated) in point 1 is (are) not covered (covered) of paragraph 2, or if the judgement and the certificate shall be submitted by the Member State, which has said it will double check the criminal prosecution [article 7 para. (4) of the framework decision], please describe at length the crime (crime): (i) the decision of the sentencing Stage) 1. You can specify whether the person was present in person at the trial which was pronounced judgment: 1 [] Yes, this person has been present in person at the trial in which judgment was handed down.
2. [] no, no person was present in person at the trial in which judgment was handed down.
3. If you have ticked the box in item 2 above, please confirm the existence of one of the following items: [] 3.1 has. the person was cited at. .. (day/month/year) and, therefore, be informed of the date and place set for the process which was handed down the judgement and was informed that a decision may be given where there is presented at the trial;
sau
[] 3.1b. the person has not been cited personal, but actually received by other means, an official with the information about the date and place set for the process in which the decision was pronounced, in such a way that it has been established unequivocally that he was unaware of the lawsuit and was informed of the fact that it can be rendered a judgement in the case does not appear at the trial;
sau
[] 3.2. having knowledge of the process established, authorized an attorney who was appointed by either the person concerned, either of its own motion, in order to defend itself at trial and was indeed strongly defended by the lawyer in question at the trial;
sau
[] 3.3. the person was personally handed judgement at. ..
(day/month/year) and has been expressly informed of the right to retrial or appeal, which has the right to be present and allow the facts of the case, including new evidence, be re-examined and that could lead to the abolishment of the initial decision; and the person has expressly stated that it did not dispute that judgment;
or [] the person has not requested a retrial or appeal within the time limit.
4. If you have ticked the box in section 3.1, 3.2, 3.3, or b, please provide information on the way in which the relevant condition was met: 2. Details regarding the duration of the punishment: 2.1. The total duration of the sentence (in days): 2.2. The total period of custodial penalty already enforced in relation to the sentence in respect of which the judgment was issued (in days): to date (specify the date from which the calculation has been made: dd-mm-yyyy): 2.3. Number of days to be deducted from the total period of the penalty for reasons other than that mentioned in 2.2 (i.e., Amnesty, pardon or clemency measures, etc., already provided for in connection with punishment): the date (specify the date from which the calculation has been made: dd-mm-yyyy): 2.4. The expiry date in the issuing State: does not apply because the person is not detained at present;
the person is retained in the present, and punishment, according to the national law of the issuing State, shall have been fully enforced until (specify date: dd-mm-yyyy) (1): 3. The type of punishment: deprivation of liberty;
measure involving deprivation of liberty (Please specify): j) information on the release or parole

1. In accordance with the national law of the issuing State, the person convicted shall have the right to be released ahead of schedule or condition, after the execution of punishment: half of;
two-thirds of the punishment;
other factions from punishment (Please specify): 2. The competent authority of the issuing State shall require to be informed of the applicable provisions of law: the internal state of the execution of the convicted person or parole;
the beginning and end of the period of issue or conditional.
the opinion of the sentenced person) 1. The person convicted could not be heard because it is already in the run State.
2. the person sentenced is in the issuing State and: (a)) requested the transmission of the judgement and the certificate was agree with sending the judgement and the certificate has not been agreed with passing judgement and certificate (specify the grounds on which the person convicted): b) the opinion of the sentenced person is in the annex.
The opinion of the sentenced person to state of enforcement were passed on (specify date: dd-mm-yyyy): l) other information relevant to the case (optional information) m) final Information Text of court ruling (judgments) are attached to the certificate.
Signature of the authority issuing the certificate and/or its representative certifying the Name: position held (title/grade): date: official Stamp (if applicable)--(1) Please enter here the date by which the penalty will be executed in its entirety (without taking into account the possibilities for release ahead of schedule and/or subject any kind) if the person is in the issuing State.
  

(2) the competent authority of the issuing State shall attach case all court decisions that are required to have all the information concerning the final penalty to be enforced. May be attached as well, eventually they translations available of the judgment judicial decisions).
  


Annex 2 — — — — — —-(annex 6 to the law No. 302/2004) — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — NOTIFICATION of CONVICTED PERSON hereby informs you of the decision.
(the competent authority in the issuing State) to pass judgement (Court of the issuing State) out of date. (the date of the judgment).
(registration number; if applicable) by (State run) for the purpose of recognition and execution of the punishment applied by the said judgment, in accordance with national legislation implementing the 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 punishments or measures involving deprivation of liberty for the purpose of their execution in the European Union.
Enforcement of the sentence will be governed by the law and. .. (State of enforcement). Authorities in that State shall have jurisdiction to decide on the procedures for enforcement and to order all the measures relating thereto, including the grounds for the issuance of or conditional.
The competent authority of. (State of enforcement) must deduct the total period of custodial penalty already enforced in relation to the penalty from the total duration of the custodial penalty to be enforced. The penalty can be adjusted by the competent authority. (State of enforcement) only if it is inconsistent, because of its nature or its duration, with the legislation of that State. The sanction must not be tailored by nature or duration, may be tougher than the penalty will be imposed. (the issuing State).


Annex 3 — — — — — —-(annex 7 to the law No. 302/2004) — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — certificate (a) issuing State: the State of enforcement: (b) the authority which issued a decision on measures of judicial supervision official name: Please indicate if any additional information with respect to the decision on measures of judicial supervision will get through: [] the authority mentioned above [the] central authority; If you ticked this box, please indicate the name of the official of the central authority: [] other competent authorities; If you ticked this box, please indicate the name of the official of the said authority: contact details of the issuing authority/central authority/other competent authorities Address Tel. No.: (country code) (area code region/locality) fax No.: (country code) (area code region/locality): person (s) contact: Name: first name: function (title/grade) Tel. No.: (country code) (area code region/locality) fax No.: (country code) (area code region/locality) : E-mail (if available): the languages which may be used for communication.
(d) information relating to a natural person in respect of which the decision on judicial supervision measures Name: Surname: Name before marriage, if applicable: Name, if applicable: Sex: Nationality: social security number or social insurance number (if applicable): date of birth: place of birth: addresses/residences: issuing State:-in the State of enforcement: elsewhere: the language (s) on which it (they) understand (if known/are known) : Please provide the following information, where they are available:-the type and number of the Act (the acts) identity of the person (ID card, passport):-the type and number of the residence permit of the person in the State of enforcement: (e) information on the Member State to which they are submitted by the decision on the judicial supervisory measures together with the certificate decision on judicial supervision measures together with the certificate are submitted by enforcing State shown in (b). (a) for the following reason: [] the person has his habitual residence in the State of legal enforcement, and being brought to their attention the measures concerning him, he consents to return to that State [] the person concerned is required to transmit the decision concerning judicial supervision measures in a Member State other than that in which he resides and the usual legal from the following reason (reasons) (f) details relating to the decision on measures concerning the supervision of the judicial Decision was issued on (date: dd-mm-yyyy): the decision became enforceable on (date: dd-mm-yyyy): If, at the time of communication of the certificate was submitted an appeal against the decision concerning measures of judicial supervision, please tick this box [] decision reference number (if available): the person concerned was on remand during the next period (if applicable) : 1. the decision concerns a total of:. the alleged offences. Summary of the facts and circumstances of the offence description (offences) (allegedly) alleged to have been committed (committed), including the date and place of perpetrating the offence (or crime) and the nature of the involvement of the person concerned: the nature and legal classification of the offence (or crime) applicable legal provisions and presumed, pursuant to which the decision was issued: 2. If the offence (criminal offences) alleged (alleged) referred to in item (listed) 1 constitute one or more of the following offences , as defined in the laws of the State of conviction, who are punished in the sentencing State by a prison sentence or a measure involving deprivation of liberty with a maximum duration of at least 3 years, please confirm by checking the appropriate box (boxes):

    [] participation in an organized criminal group;
    [] terrorism;
    [] trafficking in persons;
    [] sexual exploitation of children and child pornography;
    [] illicit trafficking in drugs and psychotropic substances;
    [] illicit trafficking in weapons, munitions and explosives;
    [] corruption;
    [] fraud, including that affecting the financial interests of the European communities within the meaning of the Convention of 26 July 1995 on the protection of the financial interests of the European communities;
    [] laundering offence products;
    [] counterfeiting of currency, including euro counterfeiting;
    [] computer-related;
    [] offences against the environment, including illicit trafficking in endangered animal species and in endangered species smuggling and varieties of endangered plants;
    [] facilitation of illegal entry and stay;
    [] murder, grievous bodily harm;
    [] illicit trafficking in human organs and tissues;
    [] kidnapping, lipsire of liberty unlawfully and hostage-taking;
    [] racism and xenophobia;
    [] organized or armed robbery;
    [] illicit trafficking in cultural goods, including antiques and works of art;
    [] deception;
    [] racketeering and extortion;
    [] counterfeiting and piracy of products;
    [] forgery of official documents and the use of forgery;
    [] forgery of means of payment;
    [] illicit trafficking in hormonal substances and other growth promoters;
    [] illicit trafficking in nuclear or radioactive materials;
    [] trafficking in stolen vehicles;
    [] rape;
    [] arson with intent;
    [] crimes within the competence of the International Criminal Court;
    [] unlawful seizure of vessels or aircraft;
    [] sabotage.
    3. To the extent that the offence (criminal offences) alleged (alleged) identified (identified) in point 1 is (are) not listed (enumerated) in paragraph 2, or if the decision, and the certificate shall be submitted by a Member State which has indicated that he will check the double incrimination [art. 14 para. (4) of the framework decision], please describe at length the crime (crime) alleged (alleged): (g) the particulars of the duration and the nature of the measure (s) of judicial supervision: 1. the time that the decision to apply measures of judicial supervision and if possible a renewal of the decision (if applicable): 2. Provisional Duration for which is likely to be warranted judicial supervision measures taking into account all circumstances of the case that are known at the time of communication of the decision on judicial supervision measures (information by way of indication):.
3. The nature of the measure (s) of judicial supervision (it is possible to select several blocks): [] person's obligation to inform the competent authority of the Member State of enforcement of any change of residence, in particular for the purpose of receiving subpoenas relating to attendance at a hearing or trial in the course of criminal proceedings;
[] the requirement not to enter in some localities, places or defined areas from the issuing State execution times;
[] the obligation to remain in a particular place, as appropriate, in certain intervals;
[] an obligation by which restricts leaving territory of enforcement;
[] is required to be present at specified dates before a certain authority;
[] the obligation to avoid contact with certain persons in connection with the crime (crime) (allegedly) alleged to have been committed (committed);
[] other measures that the State of enforcement is prepared to supervise in accordance with a notice pursuant to art. 8 para. (2) of the framework decision.
If you checked the box for "other", please specify the measure (measures) in question (question) by checking the appropriate box (boxes): [] obligation not to engage in certain activities in connection with the crime (crime) (allegedly) alleged to have been committed (committed), which may include involvement in a particular profession or field of activity;
[] the requirement not to drive a vehicle;
[] the obligation to deposit a certain amount or to provide some other type of guarantee, which can be provided either in a certain number of installments, either one time;
[] is required to follow a medical treatment or detoxification;
[] the obligation to avoid contact with certain objects in relation to the crime (crime) (allegedly) alleged to have been committed (committed);
[] other (Please specify): 3. Please provide a detailed description of the measure (s) of judicial supervision set out in section 3: (h) other circumstances relevant to the cause, including the specific reasons for the imposition of 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 its designee's signature to confirm the accuracy of the contents of the certificate: name: function (title/grade): date: File Reference (if any): official Stamp (if applicable): Annex 4 — — — — — —-(annex 8 of the law No. 302/2004) — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Reporting infringement action to judicial supervision and/or other findings which could lead to the adoption of any other subsequent decisions (a) Data concerning the identity of the person who is the subject of supervision Name : first name: Name before marriage, if applicable: Name, if applicable: Sex: Nationality: social security number or social insurance number (if applicable): date of birth: place of birth: address: language (s) on which it (they) understand (if known/are known): (b) concerning the decision of the measure (measures) of judicial supervision issued from the date of the Decision: reference files (if any) Issuing Authority: decision: business name: address: certificate issued to date: the authority which issued the certificate: File Reference (if any): (c) the particulars of the authority responsible for monitoring measure (s) the business names of legal oversight authority: contact name: function (title/grade): address: Tel. No. (country code) (area code region) Fax: (country code) (area code region): E-mail: the languages which may be used for communication (d) violation of the measure (s) of judicial supervision and/or other findings which could lead to the adoption of any other subsequent decisions: the person referred to in subparagraph (a). (a) violates the following the following measure (measures) of judicial supervision: [] person's obligation to inform the competent authority of the Member State of enforcement of any change of residence, in particular for the purpose of receiving subpoenas relating to attendance at a hearing or trial in the course of criminal proceedings;
    [] the requirement not to enter in some localities, places or defined areas of the State issuing or execution;
    [] the obligation to remain in a particular place, as appropriate, in certain intervals;
    [] an obligation by which restricts leaving territory of enforcement;
    [] is required to be present at specified dates before a certain authority;
    [] the obligation to avoid contact with certain persons in connection with the crime (crime) (allegedly) alleged to have been committed (committed);
    [] other (Please specify): description of a breach (of violations) (place, date and specific circumstances):-other findings which could lead to the adoption of any other subsequent decisions.
    Description of findings: (e) the data of the contact person in case it is necessary to obtain further information relating to the violation: Name: first name: address: Tel. No. (country code) (area code region/locality) fax No.: (country code) (area code region/locality): E-mail: the languages which may be used for communication: signature of the issuing authority and/or the signature of the form

 his representative to confirm the accuracy of the content of the form: name: function (title/grade): date: official Stamp (if applicable): Annex 5 — — — — — —-(annex 9 to the law No. 302/2004) — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —-* 1)) State of conviction: the State of enforcement: b) the Court which pronounced the judgement by which the suspension of sentence, a postponement of the application of the death penalty or a penalty alternative official name : Please indicate if additional information regarding judgment may be obtained through: [] the Court mentioned above;
[] the central authority; If you ticked this box, please indicate the name of the respective central authorities: [] other competent authorities; If you ticked this box, please indicate the name of the official of the said authority: contact details of Court/central authority/other competent authorities Address Tel. No.: (country code) (area code region/locality) fax No.: (country code) (area code region/locality): person (s) contact Name: first name: function (title/grade) Tel. No.: (country code) (area code region/locality) fax No.: (country code) (area code region/locality) : E-mail (if available): languages that can be used for communication: c) the authority which issued the decision on probation (if applicable) name: Please indicate if additional information regarding probation decision can be obtained via: [] the authority mentioned above;
[] the central authority; If you ticked this box, please indicate the name of the official of the central authorities, where this information is not already provided for in (b). (b)): [] other competent authorities; If you ticked this box, please indicate the name of the official of the said authority: contact details of the authority of the central authority or other competent authority, where such information is not already provided for in (b). b) address: Tel. No. (country code) (area code region/locality) fax No.: (country code) (area code region/locality): person (s) contact Name: first name: function (title/grade) Tel. No.: (country code) (area code region/locality) fax No.: (country code) (area code region/locality): E-mail (if available): the languages which may be used for communication: d) the authority responsible for the supervision of probation measures or alternative sanctions against State Authority responsible for the supervision of probation measures or alternative sanctions : [] Court/authority referred to in subparagraph (a). b);
[] the authority referred to in subparagraph (a). c);
[] other authority (please state the official name of it): Please indicate which authority should be contacted to obtain further information for the purpose of surveillance the probation measures or alternative sanctions: [] authority;
[] the central authority; If you ticked this box, please indicate the name of the official of the central authorities, where this information is not already referred to. b) or c): contact details of the authority or the central authority, where such information is not already provided for in (b). b) or c) address: Tel. No. (country code) (area code region/locality) fax No.: (country code) (area code region/locality): person (s) contact: Name: first name: function (title/grade) Tel. No.: (country code) (area code region/locality) fax No.: (country code) (area code region/locality): E-mail (if available): the languages which may be used for communication: — — — — — * 1) this certificate must be filled in or translated into the official language or one of the official languages of the Member State of enforcement or any other official language of the institutions of the European Union accepted by that State.

e) information relating to a natural person in respect of which judgment was rendered, and, where appropriate, the probation decision Name: Surname: Name before marriage, if applicable: Alias, if applicable: Sex: Nationality: social security number or social insurance number (where applicable): date of birth: place of birth: Last known residence address (if any) :-in the State of conviction:-in the State of enforcement: in another State: the language (s) on which it (they) understand (where information is available): Please provide the following information, where they are available:-the type and number of the Act (the acts) of the identity of the convicted person (ID card, passport):-the type and number of the permit of residence or residence of the person convicted in the State of enforcement : f) information relating to the Member State to which they are submitted by the judgment and, where appropriate, the probation decision together with the certificate the judgment and, where appropriate, the probation decision together with the certificate are submitted by enforcing State shown in (b). the following reason to): [] the person sentenced has his habitual residence in the State of legal enforcement and returned or plan to return to that State;
[] the person sentenced has moved or plans to move into the State of execution of the next (following) reason (reasons) (please tick appropriate box): [] the person convicted has been offered an employment contract in the State of enforcement;
[] the person sentenced is one of family members of a legal resident of the State of ordinary execution;
[] the person convicted has the intention to pursue studies or vocational training in the territory of the State of enforcement;
[] other (Please specify): g) details of the judgment and, where appropriate, the probation decision was handed down judgment on (date: dd-mm-yyyy): where appropriate, the probation decision was issued on (date: dd-mm-yyyy): the judgment has become final (date: dd-mm-yyyy): where appropriate, the probation decision becomes final (date: dd-mm-yyyy): execution of judgement started at (where this date is different from the date on which the judgment became
final) (date: dd-mm-yyyy): If this is the case, judgment of probation began (where this date is different from the date on which the judgment becomes final) (date: dd-mm-yyyy): file number in which the judgment has been pronounced (where available): if applicable, the file number in which the decision was given probation (where available) 1. The judgment concerns a total of: crime.
Summary of the facts and a description of the circumstances under which it was committed (committed) crime (crimes), including the date and place of perpetrating the offence and nature of the involvement of the person sentenced: the nature and legal characterization of the offence (or crime) and

applicable legal provisions, under which the judgment was delivered: 2. If the crime (crime) referred to in item (listed) 1 constitute one or more of the following offences, as defined in the laws of the State of conviction, who are punished in the sentencing State by a prison sentence or a measure involving deprivation of liberty with a maximum duration of at least 3 years , please confirm by checking the appropriate box (boxes): [] membership in an organized criminal group;
[] terrorism;
[] trafficking in human beings;
[] sexual exploitation of children and child pornography;
[] illicit trafficking in narcotics and psychotropic substances;
[] illicit trafficking in weapons, munitions 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;
[] money laundering from committing offences;
[] forgery of money, including the counterfeiting of the euro;
[] computer-related;
[] environmental crime, including illicit trafficking in endangered animal species and in endangered species smuggling and varieties of endangered plants;
[] facilitation of illegal entry and stay;
[] homicide, grievous bodily harm;
[] illicit trafficking in human organs and tissues;
[] kidnapping, lipsire of liberty unlawfully and hostage-taking;
[] racism and xenophobia;
[] organised or armed robbery;
[] illicit trafficking in cultural goods, including antiques and works of art;

[] deception;
[] misuse of funds;
[] counterfeiting and piracy of products;
[] forgery of administrative documents and the use of forgery;
[] forgery of means of payment;
[] illicit trafficking in hormonal substances and other growth promoters;
[] illicit trafficking in nuclear or radioactive materials;
[] trafficking in stolen vehicles;
[] rape;
[] voluntary arson;
[] crimes within the competence of the International Criminal Court;
[] unlawful seizure of aircraft/ships;
[] sabotage.

3. To the extent that the crime (crime) identified (identifi-cate) in point 1 is (are) not listed (enumerated) in paragraph 2, or if the judgment and, where appropriate, the probation decision, and the certificate shall be submitted by a Member State, which has said it will double check the criminal prosecution [article 10(1). (4) of the framework decision], please describe at length-the crime (crime): h) Information relating to court procedure specify whether the person was present at the proceedings: [] Yes, the person was present in person.
[] No, the person was not present.
3. If you have ticked the box in item 2, please confirm the existence of one of the following items: [] 3.1 has. the person was cited at. (day/month/year) and, therefore, be informed of the date and place set for the process which was handed down the judgement and was informed that a decision may be given where there is presented at the trial;
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[] 3.1b. the person has not been cited personal, but actually received by other means, an official with the information about the date and place set for the process in which the judgment has been rendered in such a way that it has been established unequivocally that he was unaware of the lawsuit and was frosted with infor-that can be handed down a ruling in the case is not presented at the trial;
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[] 3.2. having knowledge of the process, mandated a lawyer who was appointed by either the person concerned, be ex officio to defend itself at trial and was indeed strongly defended by the lawyer in question at the trial;
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[] 3.3. the person was personally handed the judgement (day/month/year) and has been expressly informed of the right to retrial or appeal, which has the right to be present and allow the facts of the case, including new evidence, to be reviewed and the person has expressly stated that it did not dispute that decision;
or [] the person has not requested a retrial or appeal within the time limit.
4. If you have ticked the box in section 3.1, 3.2 or 3.3 (b) above, please provide informed about how that was accomplished con-diţia relevant: i) details of the nature of the sanction applied by way of judecăto-the child become or, where appropriate, by decision of the probation 1. This certificate refers to it: [] suspension of sentence [] postponement of the application of the death penalty: [] punishment was delayed, by imposing conditioning of one or more probation measures;
[] one or more probation measures have been imposed instead of a sentence of imprisonment or a measure involving deprivation of liberty.
[] An alternative Sanction and: [] Decree stipulates a prison sentence or a measure involving deprivation of liberty which is to be enforced in cases of obligation-pectare neres (obligations) or instructions (instructions);
[] the judgment provides for a prison sentence or a measure involving deprivation of liberty which is to be enforced in case of hard nerespec-USO (obligations) or instructions (instructions) in question.
[] 2-parole. Additional information 2.1. The condemned person was in detention following conviction in the previous period: 2.2. The person executed a prison sentence/measure involving deprivation of liberty during the following periods (to be completed only in the case of parole): 2.3. In the case of suspended sentences:-during the period of deprivation of liberty whose execution has been suspended:-during the period of suspension: 2.4. Where information is available, for the duration of the deprivation of liberty to be executed in the following situations:-revocation of suspension of sentence;
-revocation of conditional release decision; or-alternative penalty infringement (judgment in case judecăto-child become provides a prison sentence or a measure involving deprivation of liberty to be enforced in the event of such violations): j) particulars of the duration and the nature of the measure (s) of probation or sanctions (penalties) alternative 1. The total duration of the surveillance measure (s) of probation or sanctions (penalties) alternative: 2. where appropriate, the duration of each individual obligations imposed under the measure (s) of probation or sanctions (penalties): 3. the duration of the entire period (if that is different from the duration indicated in item 1): 4. The nature of the measure (s) of probation or sanctions (penalties) alternatives (it is possible to select several blocks): [] the obligation to inform the person convicted of a specified authority of any change of residence or place of work;
[] the requirement not to enter in some localities, places or defined areas in the State of conviction or execution;
[] obligation containing limitations in terms of leaving the territory of the State of enforcement;
[] provisions relating to behaviour, residence, education and training, leisure activities or ways of containing a professional activity times limitations in this regard;
[] is required to be present at specified dates before a certain self-rităţi;
[] 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 criminal acts;
[] the obligation to fix in terms of financial damage caused by

crime and/or the obligation to provide proof of compliance with this obligation;
[] the obligation to provide work for the benefit of the community;
[] the obligation to cooperate with a surveillance agent (test-Councilman on plan), or with a representative of a social service that has responsabi-accessories and in terms of people convicted;
[] is required to follow a therapeutic treatment or detoxification;
[] other measures that the State of enforcement is prepared to supervise in accordance with a notice pursuant to art. "". (2) of the framework decision.

5. Please provide a detailed description of the measure (s) of pro-baţiune or alternative sanctions (penalties) referred to 4:6. Please tick the following box if the evaluation reports are available to the person convicted: [] In case you ticked this box, please indicate in what language were drawn up such reports: k) other circumstances relevant to the cause, including relevant information regarding previous convictions or the specific reasons which prompted the imposition of a (certain) measures of probation or an alternative sanction (s) (optional information) : the text of the judgement and, if applicable, the text of the decision of probation are attached to the certificate.
Signature of the authority issuing the certificate and/or its signature-ment representatives to confirm the accuracy of the contents of the certificate: name: function (title/grade): date: file number (if any): official Stamp (if applicable): Annex 6 — — — — — —-(annex 10 to the law No. 302/2004) — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — the FORM referred to in article 17 of the 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 with a view to the supervision of probation measures and alternative sanctions of breaching Reporting a measure of a probation sanction alterna-tive or any other findings of) details of the identity of the person subject to supervision Name: Surname: Name before marriage, if applicable: Alias, if applicable: Sex: Nationality: social security number or social insurance number (where applicable): date of birth: place of birth: address: language (s) on which it (they) understand (where information is available) : b) data on the judgment and, where appropriate, the probation decision concerning the suspension of the sentence, to postpone the application of the death penalty, the alternative sanction or conditional release from the judgment rendered at: file number (if any): where appropriate, the probation decision issued on: file number (if any): the Court that issued the judgment the official name address: where appropriate, the authority which issued the decision of the probation official name: address: certificate issued to date: the authority which issued the certificate: file number (if any): c) data on the authority responsible for supervision of the measure (s) of probation or alternative sanctions (sanctions) official designation of authority: contact name: function (title/grade): address: Tel. No. (country code) (area code region) Fax: (country code) (area code region): E-mail: d) Measure (measures) of probation or sanctions (penalties) alternative (alternative) means the person referred to in subparagraph (a). next to) violate the following obligation (obligation) or instruction (instruction): [] the obligation to inform the person convicted of a specified authority of any change of residence or place of work;
[] the requirement not to enter in some localities, places or defined areas of the State of enforcement or the State conviction;
[] obligation containing limitations in terms of leaving the territory of the State of enforcement;
[] provisions relating to behaviour, residence, education and training, acti-leisure activities or ways of containing a professional activity times limitations in this regard;
[] is required to be present at specified dates before a certain authority;
[] 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 criminal acts;
[] the obligation to fix in terms of financial damage caused by the offence and/or the obligation to provide proof of compliance with this obligation;
[] the obligation to provide work for the benefit of the community;
[] the obligation to cooperate with a surveillance agent (test-Councilman on plan), or with a representative of a social service that has accountability bilităţi regarding convicted persons;
[] is required to follow a therapeutic treatment or detoxification;
[] other: e) description of the infringement (violations) (place, date and specific circumstances): f) Other findings (where fitted) description of findings: g) the data of the contact person in case it is necessary to obtain further information concerning violation of Name: first name: address: Tel. No. (country code) (area code region/locality): Fax number (country code) (area code region/locality): E-mail (if available): Signature of the authority issuing the form and/or signature-ment representatives to confirm the accuracy of form content : name: function (title/grade): date: official Stamp (if applicable):------