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Law No. 151 Of 13 July 2016 Concerning European Protection Order, As Well As For The Modification And Completion Of Some Legislative Acts

Original Language Title: LEGE nr. 151 din 13 iulie 2016 privind ordinul european de protecţie, precum şi pentru modificarea şi completarea unor acte normative

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LEGE no. 151 151 of 13 July 2016 on the European protection order and amending and supplementing certain normative acts
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 545 545 of 20 July 2016



The Romanian Parliament adopts this law + Title I Issue, recognition and enforcement of the European protection order + Chapter I General provisions + Article 1 Definitions For the purposes of this law, the following terms and expressions have the following meanings: a) European protection order-a decision taken by a judicial or equivalent authority, of a Member State, in relation to a protection measure, on the basis of which a judicial or equivalent authority of another Member State has the measure or measures appropriate, under its own national legislation, with a view to continuing to protect the protected person; b) protection measure-a decision in criminal matters, adopted in the issuing state, by which they are imposed on the person who represents a danger one or more of the following prohibitions or restrictions, in order to prevent the commission of the person protected by a criminal act that could endanger his life, physical or psychological integrity, dignity, personal freedom or sexual integrity, namely: ((i) the prohibition of moving to certain localities, places or defined areas in which the protected person resides or visits them; (ii) a prohibition or regulation of contact, in any form, with the protected person, including on the telephone, by electronic means, by mail, by fax or any other means; (iii) a prohibition or regulation of the proximity of the protected person at a certain distance; c) the protected person-the beneficiary natural person of protection arising from a protection measure ordered by the issuing State; d) the person who represents a danger-the natural person to whom one or more of the prohibitions or restrictions provided in lit. b); e) issuing State-the Member State in which a protection measure underlying the issue of a European protection order has been ordered; f) executing State-the Member State to which a European protection order has been transmitted, with a view to its recognition and enforcement; g) State of supervision-the Member State of the European Union to which a final decision has been transferred to a court ordered against a natural person who has committed a crime one of the sanctions or measures provided for in art. 170 170 ^ 1 and to art. 170 ^ 17 of Law no. 302/2004 on international judicial cooperation in criminal matters, republished, with subsequent amendments and completions. + Article 2 Scope of application A European protection order may be issued or, where appropriate, recognised and enforced where the protected person has established his domicile or residence or lives for a period of time or is to establish his domicile, residence or reside for a period of time in the territory of another Member State of the European Union than that in which the protection measure was ordered. + Article 3 Competence (1) The competent authority for issuing the European protection order, if Romania is an issuing state, is the judicial body on whose role the case in which the protection measure was ordered on the basis of which the issuance is requested the European protection order. ((2) If Romania is a state of execution, the competent authority for the recognition of the European protection order, the disposition of measures for its execution and the disposition of the replacement or termination of these measures shall be the whose constituency lives or will reside or has established or is to establish his/her domicile or residence of the protected person. (3) If the protection measure on the basis of which the issuance of the European protection order has been ordered has been ordered, a final judgment of conviction has been issued, the power to issue the European protection order belongs to the the judge delegated with the execution, art. 554 554 of Law no. 135/2010 on the Code of Criminal Procedure, with subsequent amendments and completions. (4) If in the case in which the protection measure was ordered on the basis of which the issuance of the European protection order was requested was ordered to postpone the application of the sentence, jurisdiction belongs to the court which ruled in the first instance to postpone the application punishment. + Chapter II Procedure regarding the European protection order in case Romania is an issuing state + Article 4 Conditions for issuing the European protection order (. The European protection order may be issued at the request of the protected person, if the following conditions are met: a) the protected person lives or will live or has established or is to establish his domicile or residence in another Member State of the European Union, to which the recognition and enforcement of the European protection order is sought; b) the protected person has the status of an injured person in an ongoing criminal trial or in which a final judgment of conviction or postponement of the application of his sentence has been pronounced or is a family member of the person injured, beneficiary of one of the measures provided for in lett. c); c) the person who represents a danger has the status of defendant, convicted or person against whom the postponement of the application of the sentence was ordered in the criminal proceedings provided in lett. b), and at least one of the following measures has been ordered: ((i) one of the obligations under the art. 215 215 para. ((2) lit. b) or d) of Law no. 135/2010 , with subsequent amendments and completions, imposed with the taking of the measure of judicial control or judicial control on bail; (ii) the obligation under art. 221 221 para. ((2) lit. b) of Law no. 135/2010 , with subsequent amendments and completions, imposed during the arrest at home; ((iii) one of the obligations under the art. 85 85 para. ((2) lit. e) or f) of Law no. 286/2009 on the Criminal Code, with subsequent amendments and completions, imposed on the defendant on the occasion of the delivery of the sentence; ((iv) one of the obligations under the art. 101 101 para. ((2) lit. d) or e) of Law no. 286/2009 , with subsequent amendments and completions, imposed on the person convicted on the occasion of the disposition of conditional release; ((v) one of the obligations under the art. 121 121 para. ((1) lit. c) or d) of Law no. 286/2009 , with subsequent amendments and completions, imposed on the defendant on the occasion of the application of an educational non-custodial measure; (vi) prohibition of one of the rights provided for art. 66 66 para. ((1) lit. l)-o) of Law no. 286/2009 , with subsequent amendments and completions, established by the court with the application of the accessory punishment or the complementary punishment of the prohibition of the exercise of certain rights; d) the issuance of the European protection order is necessary to remove a danger to which the protected person is or will be exposed. (2) In order to take a decision on the issuance of the European protection order, account shall be taken of the period or periods in which the protected person will be domiciled, or will reside in the executing State, the proportionality of the measure, the the actual danger to the protected person as well as to any other relevant circumstances. + Article 5 Application for the issuance of the European protection order (1) When Romania is an issuing state, the application for the issuance of a European protection order shall be submitted by the protected person, personally or by representative, to the competent judicial body, according to art. 3. The wrong application directed to the prosecution body or to the court is transmitted, by administrative means, to the competent judicial body, according to art. 3. (2) If a request for issuing the European protection order is addressed to a judicial body in Romania, when it is a state of execution, the application will be sent immediately, by administrative means, to the competent court according to art. 3 3 para. ((2), which shall immediately transmit it to the competent authority of the issuing State. + Article 6 Issuance of the European protection order (1) The court, the preliminary chamber judge, the judge of rights and freedoms and the judge delegated with the execution shall have reasoned conclusion, and the prosecutor shall order by order. (2) The conclusion or order by which the application for the issuance of the European protection order is granted is not actionable and the conclusion or order rejecting the application for the issuance of the European protection order may be appealed against Appeal within 3 days of communication. The appeal is settled in the council chamber, with the citation of the protected person, of the person who represents a danger and of the prosecutor, within 3 days. Failure to present the quoted persons shall not prevent the proceedings. (3) The appeal shall be settled by the superior court or, as the case may be, by the judge of rights and freedoms or by the preliminary chamber of the superior court or by the superior hierarchical prosecutor. (4) The order or the reasoned conclusion shall be communicated to the person who represents a danger and to (5) The reasoned conclusion or the ordinance on the issuance of a European protection order, a copy of the European protection order drawn up in the form provided for in art. 7 and any other subsequent documents shall be kept to the case file in relation to which the protection measure was ordered. (6) The European protection order is issued in 4 original copies, one of which is kept according to par. ((5), one shall be communicated to the competent authority of the executing State, one shall be communicated to the protected person and one shall be communicated to the person posing a danger + Article 7 Form and content of the European protection order (1) If, finding that the conditions provided for in art. 4, the judicial body admits the request made by the protected person, it issues the European protection order, filling in the form set out in Annex no. 1. ((2) The heading of the form set out in Annex no. 1 regarding the prohibitions, restrictions or obligations imposed on the person who represent a danger shall be completed according to the protection measures listed in art. 4. + Article 8 Duration of the European protection order The European Protection Order shall be issued for the duration in which the protected person lives or will reside or has established or is to establish his domicile or residence in another Member State of the European Union, without being able to exceed the duration for which was ordered the measure that was the basis for its issuance. + Article 9 Transmission of the European protection order (. The issuing judicial body shall transmit the European protection order by any means that leave a written, direct, written mark to the competent authority of the executing State. (2) All subsequent communications between the competent authorities shall be carried out by means provided in par. ((1). ((. Where the issuing judicial authority does not have any information on the competent foreign authority to execute the European protection order, its identification shall be carried out using the contact points of the Network European Judicial, the national member of Eurojust or the National Coordination System Eurojust. + Article 10 Cases of extension, modification of the content or revocation of the European protection order (1) Whenever the judicial body decides on the protection measure that has been the basis of a European protection order, it shall also rule on the European protection order. (. The European protection order shall be revoked if the protection measure on the basis of which it has been issued ceases or is revoked. Art. 6 6 para. ((6) shall apply accordingly. ((. If the protection measure on the basis of which the European protection order has been issued is replaced by another protection measure having different content, the competent authority may issue a new European protection order. Art. 6 6 shall apply accordingly. (. The European protection order shall be maintained if the protection measure on the basis of which it has been issued is replaced by another measure with the same content. (5) The European protection order may be extended if the measure underlying its issue is extended. Art. 6 6 para. ((6) shall apply accordingly. (6) The decision to maintain the European protection order shall not be communicated to the executing State. (7) Any decision on the European protection order, taken under par. ((1)-(6), shall be communicated to the judicial body responsible for the implementation of art. 6 6 para. ((5). (8) If, subsequently to the recognition and enforcement of a European protection order, the protection measure is included in a court decision relating to a measure of probation or alternative sanction, in the sense of art. 170 ^ 17 of Law no. 302/2004 , republished, with subsequent amendments and completions, and the court decision was recognized and executed in a state other than the executing state, and the supervisory state or the issuing state made subsequent decisions in the sense art. 170 ^ 41-170 ^ 43 of Law no. 302/2004 , republished, with subsequent amendments and completions, affecting the obligations contained in the protection measure, the European protection order may be revoked, maintained or extended or a new protection order may be issued. Provisions of paragraph ((1)-(7), as well as of art. 3 3 shall apply accordingly. + Article 11 Information obligation The judicial body before which the European protection order has been issued, other than the issuing judicial body, shall immediately inform, by any means for sure which leave a written mark, the competent authority of the State of enforcement of any information in connection with the execution of the European protection order. + Chapter III Procedure regarding the European protection order in case Romania is a state of execution + Article 12 Competence check (. The authority receiving a request for recognition and enforcement of the European protection order shall immediately verify that it is competent according to art. 3. ((2) If it finds that it is not competent, it shall immediately transmit the European protection order to the competent court, by any means for sure which leave a written mark, informing about it and the issuing authority immediately, by any means Sure that leaves a print. + Article 13 Procedure for recognition of the European protection order (. Upon receipt of a European protection order, the court shall: a) verify that it is translated into Romanian, otherwise requesting the competent authority of the issuing state to transmit the translation and fix for this a term that cannot exceed 5 days; b) verify that the European protection order is complete, otherwise it may reject the request or request the competent authority of the issuing State to transmit the necessary data within a period that cannot be more than 10 days, in The circumstances of the case. If the additions are not received within the time limit set by the court, the court may refuse the recognition of the European protection order; c) verify that the European protection order has been issued on the basis of one or more of the protection measures within the meaning of art. 1 lit. b) and if there is no incident any of the reasons for rejection provided for in art. 14. (2) If it finds that all the conditions provided by par. (1) are fulfilled, the court recognizes the European protection order, regardless of whether the competent authority of the issuing state is, according to its domestic law, a judicial one or one equivalent to it. (3) The judgment is made urgently, in the council chamber, by a complete format of a single judge, with the citation of the protected person, of the person who represents a danger and of the prosecutor. Failure to present legal persons cited does not prevent the case. (4) The court shall rule by sentence. Provisions art. 401-404 of Law no. 135/2010 , as amended and supplemented, shall apply accordingly. The device also includes the consequences of non-compliance with the measures ((. Recognising the European protection order, the court shall impose on the person who is a danger one or more of the following prohibitions: a) prohibition of the right to be located in certain localities or places established by the court; b) prohibition of the right to communicate with the protected person or to approach it; c) prohibition of the right to approach the dwelling, workplace, school or other places where the protected person carries out social activities, under the conditions established by the court. (6) The court will impose the similar prohibition or with the content closest to the prohibition contained in the protection order, among those listed in par. ((5). (7) The decision on recognition of the European protection order shall be communicated to the protected person, to the person representing a danger, to the General Police Department of Bucharest or, as the case may be, to the county police inspectorate in whose the constituency resides or is to live or have a protected person's residence, as well as, if applicable, in whose constituency he lives or is to live or to have his/her residence the person who is a danger or in the whose constituency are the places covered by the ban, as well as the authority Issuer. The ruling doesn't translate. (8) The decision communicated to the person representing a danger does not include the contact details of the protected person, unless they are necessary for the execution of the measure. (9) The judgment by which the request for recognition of the European protection order is rejected shall be communicated immediately to the issuing authority and to the protected person. The device also includes informing the protected person about the provisions Law no. 217/2003 to prevent and combat domestic violence, republished, with subsequent amendments and completions, on the protection order. ((10) In order to fix the terms of the case and to settle the case, the court will take into account the specific circumstances of the case, such as the urgency of the situation, the date provided for the arrival of the protected person protected person, if it can be determined. (11) The sentence can be appealed within 48 hours of communication. The call is not suspensively executing. ((12) If the court does not have any information on the foreign authority competent to issue the European protection order, its identification shall be carried out using the contact points of the European Judicial Network, the the Eurojust national member or the Eurojust National Coordination System. + Article 14 Grounds for rejection of the request for recognition and enforcement of the European protection order The request for recognition of the European protection order may be rejected in the following cases: a) the European protection order is not complete or has not been completed within the deadline set by the court according to the provisions of art. 13 13 para. ((1) lit. b); b) the European protection order has not been issued on the basis of a protection measure within the meaning of art. 1 lit. b); c) the protection measure refers to an act that does not constitute a crime in accordance with the legislation of Romania; d) the protection is based on the execution of a sentence or a measure for which Romania's jurisdiction is applicable and which is the subject of an amnesty in Romania; e) the person who represents a danger benefits from immunity in Romania, which makes it impossible to dispose of protection measures on the basis of the European protection order; f) the act in relation to which the protection measure was ordered that was the basis for the issuance of the European protection order also falls under the jurisdiction of Romania and the prescription of criminal liability for it intervened; g) the recognition of the European protection order would contravene the ne bis in idem principle; h) the person representing a danger does not face criminal charges, according art. 113 113 of Law no. 286/2009 , with subsequent amendments and completions; i) the protection measure that was the basis for the issuance of the European protection order is in relation to an offence falling within the scope of the art. 8 8 of Law no. 286/2009 , with subsequent amendments and completions. + Article 15 Duration of the measure ordered to execute the European protection order (1) The prohibition or prohibitions provided in art. 13 13 para. (5) the competent court shall, according to art. 3 3 para. (2) for the duration provided for in the protection order, without being able to exceed the maximum provided by the Romanian law for similar measures as the nature and content of those who were the basis for the issuance of the European protection order. If a similar measure cannot be identified, the maximum for which the measure can be ordered is 180 days. (2) If the European protection order does not provide for a duration, the provisions of par. ((1). + Article 16 Infringement of obligations established by the ((. Where it is found that the obligations laid down by the measure ordered for the execution of the European protection order have been infringed, the competent enforcement court shall immediately inform the competent authority of the issuing State or the the surveillance state. (. The information shall be made in the form set out in Annex no. 2. + Article 17 Changes in the execution of the European Protection Where the issuing State notifies the amendment of the European protection order, the competent court with the recognition and enforcement of the European protection order may: a) to modify the protection measures accordingly, if the conditions laid down in art. 13 13 para. ((1). Art. 13 13 shall apply accordingly; b) to reject the recognition of the amended protection order, if the reasons for rejection provided for in art. 14. + Article 18 Termination of the European protection order (. The court may order to terminate the measure ordered for the execution of the European protection order in the following cases a) there is clear evidence that the protected person does not reside or does not live on the territory of Romania or has permanently left this territory; b) the maximum duration for which the European protection order has been recognised has expired; c) subsequent to the recognition and enforcement of the European protection order, a measure of supervision, a measure of probation or an alternative sanction, with regard to the person posing a danger, has been recognized by Romania in the link with which the European protection order was issued, within the meaning of art. 170 ^ 1 para. ((2) lit. a) and art. 170 170 ^ 20 of Law no. 302/2004 , republished, with subsequent amendments and completions. (. The court shall terminate the measure ordered for the execution of the European protection order if it has received a notification of the revocation or withdrawal of the European protection order by the issuing State. (3) The General Police Directorate of Bucharest Municipality or, as the case may be, the county police inspectorate in whose constituency he lives or is to live or to have his residence the protected person has the obligation to inform the court the power to terminate the measure if it knows that the protected person has permanently left the territory of the country. (4) When, in one of the cases provided in par. (1), ordered the termination of the measure ordered for the execution of the European protection order, the court will immediately inform both the competent authority of the issuing state and, if possible, the protected person. (5) Before ordering, according to par. ((1) lit. b), the termination of the measure ordered for the execution of the European protection order, the competent court may request the competent authority of the issuing state to provide information on the need to continue the protection provided by the European protection order in that case. + Chapter IV Common provisions + Article 19 Relationship with supervisory measures, probation measures and alternative sanctions Where, prior to or after the transmission of the European protection order, the competent authority of the issuing State has transmitted a certificate of a supervisory measure, a measure of probation or an alternative penalty, both of which are recognised and enforced, the power to take the subsequent decisions shall, where appropriate, return to the issuing State or to the supervisory State. Art. 170 170 ^ 3, 170 ^ 9, 170 ^ 15, 170 ^ 31, 170 ^ 32 and art. 170 ^ 41-170 ^ 43 of Law no. 302/2004 , republished, with subsequent amendments and completions, shall apply accordingly. + Article 20 Consultations (1) The authorities provided in art. 3 3 may consult with the competent authorities of the issuing State or, as the case may be, of the executing State, whenever necessary, with a view to issuing or executing a European protection order. (2) The authorities provided in art. 3 have the obligation to respond immediately to requests for information or clarifications of the competent authorities of the issuing State or, as the case may be, from the executing State. + Article 21 Languages of transmission and receipt of the European protection order and other documents (1) If Romania is a state of execution, the European protection order will be received in Romanian. (2) If Romania is an issuing state, the European protection order shall be translated, by the care of the issuing judicial authority, in the official language or in one of the official languages of the executing State or in another official language of the Union European that the executing state has said it accepts. (3) The form provided for in art. 16 16 para. (2) will be translated, if Romania is a state of execution, in the official language or in one of the official languages of the issuing state or in another official language of the European Union that the issuing state has declared to accept. + Article 22 Cost support The expenses involved in carrying out the procedures regulated by this law shall be borne by Romania, if they were carried out exclusively on the territory of the Romanian state. + Article 23 Application of the Criminal Procedure Code Provisions Law no. 135/2010 , with subsequent amendments and completions, as well as with the completion brought by this law, shall apply accordingly, if this chapter does not have otherwise. + Article 24 Annexes Annexes no. 1 and 2 are an integral part of this law. + Title II Provisions on modification and completion of other normative acts + Article 25 Article 287 of Law no. 286/2009 on the Criminal Code, published in the Official Gazette of Romania, Part I, no. 510 of 24 July 2009, as amended and supplemented, shall be completed as follows: 1. In paragraph 1, after letter g) a new letter, letter h) is inserted, with the following contents: "h) failure to comply with a protection measure ordered in the execution of a European protection order." 2. After paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) In the case of the deed referred to in ((1) lit. h), the reconciliation of the parties removes criminal liability. " + Article 26 Law no. 253/2013 on the execution of penalties, educational measures and other non-custodial measures ordered by judicial bodies during the criminal proceedings, published in the Official Gazette of Romania, Part I, no. 513 of 14 August 2013, shall be amended and supplemented as follows: 1. In Article 29 (1), points n) and o) shall be amended and shall read as follows: " n) for the prohibition of the right to communicate with the victim or its family members, persons who have committed the crime or other persons, established by the court, or to approach them, the communication shall be made to the persons with whom the convict does not have the right to enter into contact or has the right to approach, the General Police Department of Bucharest or, as the case may be, the county police inspectorate in whose constituency he has his domicile, as well as, if applicable, to the person in whom the convict has his home and, for cases in which the victim or the persons established by the court do not reside in the same constituency, the General Police Department of Bucharest, or, as the case may be, the county police inspectorates at their home. The copy will be accompanied by the mention that the victim or his family member to whom the complementary measure refers may request the issuance of a European protection order, under the conditions of this law; o) for the prohibition of the right to approach the dwelling, the workplace, the school or other places where the victim carries out social activities, under the conditions established by the court, the communication is made to the victim, the General Police Directorate of The city of Bucharest or, as the case may be, the county police inspectorate in whose constituency it has its domicile, as well as, if applicable, to the one in which the convict and the General Police Department of Bucharest as the case may be, the county police inspectorates in whose constituency the seats are located targeted by prohibition. The copy will be accompanied by the mention that the victim or his family member to whom the complementary measure refers may request the issuance of a European protection order, under the conditions of this law. " 2. In Article 70, paragraph 2 shall be amended and shall read as follows: " (2) If the court has determined the obligations laid down by the minor art. 121 121 para. ((1) lit. c) or d) of Law no. 286/2009 , with subsequent amendments and completions, the judge delegated with the execution shall communicate a copy of the device of the decision, as the case may be, to the persons or institutions provided 29 29 para. ((1) lit. m) or n), ability to supervise the fulfilment of these obligations. Where the obligation laid down in the art. 121 121 para. ((1) lit. b) of Law no. 286/2009 , with subsequent amendments and completions, the communication is made to the General Police Directorate of Bucharest Municipality or, as the case may be, to the county police inspectorate in whose constituency the minor lives. The victim or his family member to whom the obligation imposed on the minor relates will also be informed of the possibility to request the issuance of a European protection order, under the law. " 3. In Article 82, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: "" (2 ^ 1) Where the judicial body has imposed one of the obligations laid down in art. 215 215 para. ((2) lit. b) or d) of Law no. 135/2010 , with subsequent amendments and completions, with reference to the injured person or their family members, they will be informed of the possibility of requesting a European protection order under the law. " + Article 27 In Article 404 of Law no. 135/2010 on the Code of Criminal Procedure, published in the Official Gazette of Romania, Part I, no. 486 of 15 July 2010, as amended and supplemented, after paragraph 6, a new paragraph (6 ^ 1) is inserted, with the following contents: "" (6 ^ 1) When the court ordered the postponement of the sentence or prohibition of one or more of the rights provided for in art. 66 66 para. ((1) lit. l)-o) of Law no. 286/2009 on the Criminal Code, with subsequent amendments and completions, with the application of the accessory punishment or the complementary punishment of the prohibition of the exercise of certain rights, the device will include the mention that the person or persons beneficiary of protection measures may require the issuance of a European protection order under the law. " + Article 28 Article 128 of Law no. 254/2013 on the execution of sentences and custodial measures ordered by judicial bodies during the criminal proceedings, published in the Official Gazette of Romania, Part I, no. 514 of 14 August 2013, with subsequent amendments and completions, shall be amended and shall read as follows: "" Art. 128 Communication of home arrest measures (1) The terminations of the judicial body regarding the taking, extension, termination, revocation, replacement of the house arrest, as well as those regarding the permission to leave the property shall be communicated, immediately, to the supervisory body. (2) If the defendant has been ordered to art. 221 221 para. ((2) lit. b) of Law no. 135/2010 on the Code of Criminal Procedure, with subsequent amendments and completions, the judicial body provided in par. ((1) communicate to the injured person or their family member to whom the right to request a European protection order under the law is concerned. " This Law transposes Directive 2011 /99/EU of the European Parliament and of the Council of 13 December 2011 on the European protection order, published in the Official Journal of the European Union, L series, no. 338 338 of 21 December 2011. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT FLORIN IORDACHE SENATE PRESIDENT CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU Bucharest, July 13, 2016. No. 151. + Annex 1 EUROPEAN PROTECTION ORDER The information contained in this form shall be processed in accordance with the provisions Law no. 677/2001 for the protection of individuals with regard to the processing of personal data and the free movement of such data, with subsequent amendments and completions. ┌ ------------------------------------------------------------------------------ | issuing State: | | State of execution: | ├ ------------------------------------------------------------------------------ a) Information on the protected person: | | | Name: | | | First name: | | Name before marriage or previous name, as applicable: | | Sex: | | Citizenship: | | Personal numerical code or social insurance number (if any): | | | Date of birth: | | | Place of birth: | | Addresses/Residences: | | |-in the issuing state: | | |-in the executing State: | | |-in another state: | | The language (s) it understands (if known/are known): | ├ ------------------------------------------------------------------------------ | Benefited person protected by free legal assistance in the state | issuer (if the information is available without further investigation)? | | | [] Yes | | | [] Not | | [] Unknown | | If the protected person is a minor or has no legal capacity. | | Information on the guardian or its legal representative: | | | Name: | | | First name: | | Name before marriage or previous name, as applicable: | | Sex: | | Citizenship: | | Administrative Address/Address: | ├ ------------------------------------------------------------------------------ b) The protected person decided to establish his/her residence or established himself | already residing in the territory of the executing State or decided to | Live or already live on its territory. | | Date from which the protected person intends to establish his/her residence | | or reside in the executing State (if known): | | Period or periods of stay (if known/are known): | ├ ------------------------------------------------------------------------------ c) Technical devices have been made available to the protected person or to | to the person who poses a danger, as a means of applying the measure of | | protection? | | [] Yes: please make a short presentation of the devices used: | | | [] Not | ├ ------------------------------------------------------------------------------ d) The competent authority which issued the European protection order: | | Official name: | | | Full address: | | | No. tel.: (country prefix) (region/locality prefix) (number) | | | No. fax: (country prefix) (region/locality prefix) (number) | | Data of the person (s) of contact: | | | Name: | | | First name: | | Function (title/grade): | | | No. tel.: (country prefix) (region/locality prefix) (number) | | | No. fax: (country prefix) (region/locality prefix) (number) | | E-mail (if any): | | Languages that can be used for communication: | ├ ------------------------------------------------------------------------------ e) Identification of the protection measure on the basis of which the order was issued | European protection | | | The protection measure was adopted at (date: ZZ-LL-YYYY): | | The protection measure has become enforceable at (date: ZZ-LL-AAAA): | | Protection measure reference (if available): | | The authority that adopted the protection measure: | ├ ------------------------------------------------------------------------------ f) Summary of facts and a description of the circumstances-including, if it is | The case, a classification of the offence-which led to the imposition of the measure of | protection referred to in lit. e) above: | ├ ------------------------------------------------------------------------------ g) Indications on prohibition (prohibitions) or restriction (restrictions) | to (have) been imposed (imposed) on the person who poses a danger, by | | protective measure: | |-The nature of the prohibition (prohibitions) or restriction (restrictions): | | | (more boxes can be ticked): | | [] prohibition to travel to certain localities, places or defined areas | in which the protected person resides or visits them: | |-if you have checked this box, please specify | the localities, places or areas defined in which the person representing | a danger is denied access: | | [] a prohibition or regulation of contact, in any form, with | protected person, including on the phone, by electronic means or by | regular mail, fax or any other means: | |-if you have checked this box, please provide all | | relevant details: | | [] a prohibition or regulation of the proximity of the protected person to a | less than expected distance: | |-if you have checked this box, please specify the distance | that the person who poses a danger must respect in what | concerns proximity to the protected person: | |-Please specify the time frame in which the person representing | a danger is (are) imposed (imposed) prohibition (prohibitions) or | the above-mentioned restriction (s): | |-Indications on sanction (if any) in the event of violation | prohibition or restriction: | ├ ------------------------------------------------------------------------------ h) Information on the person posing a danger, to whom he (i) | imposed (imposed) prohibition (prohibitions) or restriction (restrictions) | referred to in point (a). g): | | | Name: | | | First name: | | Name before marriage or previous name, as applicable: | | Name of the loan, as applicable: | | Sex: | | Citizenship: | | Personal numerical code or social insurance number (if any): | | | Date of birth: | | | Place of birth: | | Addresses/Residences: | | |-in the issuing state: | | |-in the executing State: | | |-in another state: | | The language (s) it understands (if known/are known): | | Please provide the following information, if they are | Available | | |-type and number of identity document (s) of the person (book | ID, passport): | | Has benefited the person who is a danger of legal aid | Free | free in the issuing state (if information is available without | further investigation)? | | | [] Yes | | | [] Not | | [] Unknown | ├ ------------------------------------------------------------------------------ i) Other circumstances that could influence the assessment of the danger that would | could affect the protected person (optional information): | ├ ------------------------------------------------------------------------------ j) Other useful information (such as, if available and | Necessary, information on other states in which measures were previously adopted | Protection for the same protected person): | ├ ------------------------------------------------------------------------------ k) Please fill in: | | [] a court decision, within the meaning of art. 2 of Framework Decision 2008 /947/JHA, | has already been submitted to another Member State | |-if you have checked this box, please provide the data of | contact of the competent authority to which the decision was made | Judicial: | | | [] a decision on judicial surveillance measures, within the meaning of art. 4 4 of | | Framework Decision 2009 /829/JHA has already been submitted to another Member State | |-if you have checked this box, please provide the data of | contact of the competent authority to which the decision on | judicial surveillance measures: | | Signature of the authority issuing the European protection order and/or | signature of its representative to confirm the accuracy of the content | Order: | | | Name: | | Function (title/grade): | | | Date: | | Reference folder (if any): | | Official stamp (as applicable): | └ ------------------------------------------------------------------------------ + Annex 2 FORM provided in art. 16 16 para. ((2) The information contained in this form shall be processed in accordance with the provisions Law no. 677/2001 for the protection of individuals with regard to the processing of personal data and the free movement of such data, with subsequent amendments and completions. ┌ ------------------------------------------------------------------------------ a) Data on the identity of the person posing a danger: | | | Name: | | | First name: | | Name before marriage or previous name, as applicable: | | Name of the loan, as applicable: | | Sex: | | Citizenship: | | Personal numerical code or social insurance number (if any): | | | Date of birth: | | | Place of birth: | | | Address: | | The language (s) it understands (if known/are known): | | | | ├ ------------------------------------------------------------------------------ b) Data on identity of the protected person: | | | Name: | | | First name: | | Name before marriage or previous name, as applicable: | | Sex: | | Citizenship: | | | Date of birth: | | | Place of birth: | | | Address: | | The language (s) it understands (if known/are known): | | | | ├ ------------------------------------------------------------------------------ c) Data on the European protection order: | | Order issued on: | | Reference folder (if any): | | The authority that issued the order: | | Official name: | | | Address: | ├ ------------------------------------------------------------------------------ d) Data on the authority responsible for executing the protection measure | adopted in the executing State in accordance with the European order of | | protection, if there is such a measure: | | Official name of the authority: | | | Name of contact person: | | Function (title/grade): | | | Address: | | Tel.: (prefix of the country) (prefix of the region/locality) (number) | | | No. fax: (country prefix) (region/locality prefix) (number) | | | E-mail: | | Languages that can be used for communication: | ├ ------------------------------------------------------------------------------ e) Violation of prohibition (prohibitions) or restriction (restrictions) | imposed by the competent authority of the executing State as a result of | recognition of the European protection order and/or other findings that would | could lead to the adoption of any further decisions: | | Infringement concerns the following prohibition (s) or | restriction (restrictions) (you can tick more boxes): | | [] prohibition to travel to certain localities, places or defined areas | in which the protected person resides or visits them: | | [] a prohibition or regulation of contact, in any form, with | protected person, including on the phone, by electronic means or by | regular mail, fax or any other means; | | [] a prohibition or regulation of the proximity of the protected person to a | less than expected distance; | | | [] any other measure corresponding to the underlying protection measure | European protection order, adopted by the competent authorities of the to the executing State following the recognition of a European protection order | | Description of the violation (s) (place, date and specific circumstances): | in accordance with art. 11 11 para. ((2): | | |-measures adopted in the executing State as a consequence of the infringement: | |-possible legal consequences of the infringement in the executing State: | | Other findings that could lead to the adoption of any other decisions | Subsequent | | | Description of findings: | ├ ------------------------------------------------------------------------------ f) Data on the contact person where it is necessary to obtain | Additional information on the infringement: | | | Name: | | | First name: | | | Address: | | | No. tel.: (country prefix) (region/locality prefix) (number) | | | No. fax: (country prefix) (region/locality prefix) (number) | | | E-mail: | | Languages that can be used for communication: | | Signature of the authority issuing the form and/or signature of the representative | , to confirm the accuracy of the content of the form: | | | Name: | | Function (title/grade): | | | Date: | | Official stamp (as applicable): | └ ------------------------------------------------------------------------------ ------