Law No. 302 Of 28 June 2004 On International Judicial Cooperation In Criminal Matters

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Law No. 302 of 28 June 2004 (* republished *) (* updated *) on international judicial cooperation in criminal matters (updated until May 23, 2016 *)-PARLIAMENT ISSUING — — — — —-*) Republished pursuant to art. III of law No. 222/2008 modifying and completing law No. 302/2004 on international judicial cooperation in criminal matters, published in the Official Gazette of Romania, part I, no. 758 of 10 November 2008, posing a new texts.
Law No. 302/2004 on international judicial cooperation in criminal matters was published in the Official Gazette of Romania, part I, no. 594 from 1 July 2004, and has subsequently been amended and supplemented by:-Law No. 224/2006 modifying and completing law No. 302/2004 on international judicial cooperation in criminal matters, published in the Official Gazette of Romania, part I, no. 534 of 21 June 2006;
-Government Emergency Ordinance nr. 103/2006 concerning certain measures to facilitate international police cooperation, published in the Official Gazette of Romania, part I, no. 1,019 of 21 December 2006, approved by law No. 104/2007 approving emergency Government Ordinance No. 103/2006 concerning certain measures to facilitate international police cooperation, published in the Official Gazette of Romania, part I, no. 275 of 25 April 2007, with subsequent amendments and additions.


Title I General provisions Chapter 1 scope and general principles of international judicial cooperation in criminal matters Article 1 scope of application (1) the present law shall apply to the following forms of international judicial cooperation in criminal matters: a) extradition;
  

b) handing over under a european arrest warrant;
  

(c) transfer of proceedings) in criminal matters;
  

d) recognition and enforcement of judgments;
  

(e) the transfer of sentenced persons);
  

f) legal assistance in criminal matters;
  

g) other forms of international judicial cooperation in criminal matters.
  

(2) this Act does not apply to the specific modalities of international cooperation on police, if according to the law, they are not under judicial control.
  


Article 2 definition of terms and expressions used in this law, the following terms and expressions shall be defined as follows: the applicant State) state that it applies in the areas covered by this law;
  

(b) the requested State) State for which a request is addressed in the fields covered by the present law;
  

c) Central Authority-the authority designated by that thus the requesting State or the requested State, in application of the provisions of certain international conventions;
  

d) judicial-courts and the public prosecutor's Office attached to these established according to law, and the authorities in the requesting State, according to the latter to the relevant international instruments;
  

e) person-the person who tracked was tracking international;
  

— — — — — — — — Lit. s) art. 2 was amended by section 1 of article. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

f) extrădabilă person-the person who formed the subject of extradition proceedings;
  

g) extradited or extradited person-the person whose extradition has been approved;
  

h) active extradition extradition procedure-in which Romania has the capacity of the requesting State;
  

I) passive extradition extradition procedure in which Romania has requested State quality;
  

j) person required-the person who is the subject of a european arrest warrant;
  

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;
  

— — — — — — — — Lit. k) article. 2 was amended by section 1 of article. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

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

— — — — — — — — Lit. l) of art. 2 was amended by section 1 of article. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

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

— — — — — — — — Lit. m) art. 2 was amended by section 1 of article. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

n) person convicted abroad-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;
  

— — — — — — — — Lit. n) of art. 2 was amended by section 1 of article. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

a right of permanent residence) (i) the right of permanent residence in accordance with the provisions of Government Emergency Ordinance nr. 102/2005 concerning the free movement of Romanian citizens of European Union Member States, European Economic area and nationals of the Swiss Confederation, republished, with subsequent amendments and additions; or (ii) the right of long-term residence in accordance with the provisions of Government Emergency Ordinance nr. 194/2002 regarding aliens in Romania, republished, with subsequent amendments and additions;
— — — — — — — — Lit. Article a) 2 was amended by section 1 of article. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

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;
  

— — — — — — — — Lit. p) art. 2 was amended by section 1 of article. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

r) for the purposes of title III of this law, the issuing judicial authority is the Court of a Member State of the European Union, which has jurisdiction to issue a european arrest warrant, according to the law of that State;
  

s) for the purposes of title III of this law, the judicial authority of the executing judicial authority of a Member State of the European Union, competent to execute a european arrest warrant, according to the law of that State;
  

, etc) for the purposes of title III of this law, the issuing Member State is the Member State of the European Union in which it has issued a european arrest warrant;
  

t) for the purposes of title III of this law, the enforcing Member State is the Member State of the European Union to which it is addressed to a european arrest warrant.
  


Article 3 Limits the application of judicial cooperation this law shall be subject to the protection of the interests of sovereignty, security, public order and other interests of Romania, as defined by the Constitution.


Article 4 the pre-eminence of international law (1) this law shall apply on the basis of and for the execution of judicial cooperation rules ctscan in criminal matters, contained in international legal instruments to which Romania is a party, which he completed in unregulated situations.
  

(2) cooperation with the international criminal court or by a public international organization, in accordance with the relevant provisions of international instruments, such as the special statutes of international criminal tribunals, are examined through a separate legal procedure, the provisions of this law can be applied properly, in addition, if necessary.
  


Article 5 international Courtesy and reciprocity (1) in the absence of an International Convention, judicial cooperation can be carried out by virtue of international comity, the request transmitted to diplomatically by the requesting State and with the assurance of reciprocity given by the competent authority of that State.
  

(2) in the case referred to in paragraph 1. (1) this law shall constitute common law in matters relating to the judicial authorities.
  

(3) lack of reciprocity does not prevent to a claim of international judicial assistance in criminal matters, provided that it: (a) proves necessary) due to the nature of the offence or the need to fight against certain forms of crime;
  

b) can contribute to improving the situation of the suspect, the accused or detainee at times his social reintegration;
  

— — — — — — — —-Lit. b) of paragraph 2. (3) art. 5 was amended by section 1 of article. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

c) may serve to clarify the legal situation of a Romanian citizen.
  


Article 6 Assurance of reciprocity where Romanian State formulates a request under the present law, on the basis of international comity, reciprocity assurance will be given by the Minister of Justice, for each case, whenever necessary, on a reasoned request to the competent Romanian judicial authority.


Article 7 applicable law

Requests addressed to the Romanian authorities in the fields covered by this law are fulfilled according to the rules of the Romanian criminal procedure law, if this law does not provide otherwise.


Article 8 Non bis in idem (1) international judicial cooperation is not admissible if in Romania or in any other State took a criminal trial for the same offence and if: a) through a final decision of acquittal has been ordered or the cessation of the criminal process;
  

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.
  

— — — — — — — —-Lit. b) of paragraph 2. (1) of article 1. 8 was amended by paragraph 2 of article 9. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(2) the provisions of paragraphs 1 and 2. (1) does not apply if assistance is requested to review a final decision, for one of the reasons for promoting one of the extraordinary remedies of appeal under the criminal procedure code.
  

(3) the provisions of paragraphs 1 and 2. (1) does not apply where an international treaty to which Romania is party contains provisions which are more favourable as regards the principle of non bis in idem.
  


Article 9 privacy of the Romanian State is obliged to ensure as far as possible, at the request of the requesting State confidentiality requests that are addressed in the fields covered by the present law and their attached documents. If the condition of preserving confidentiality could not be assured, the Romanian State will notify the foreign State which will decide.


Chapter II general provisions on procedure for international judicial cooperation in criminal matters Article 10 the central authorities (1) the jurisdiction of carrying out specific duties assigned to 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 confiscation, 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 other laws.
  

— — — — — — —- 10 was amended by paragraph 2 of article 9. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 11 (1) direct transmission of legal aid Applications in criminal matters may be forwarded directly by the judicial authorities of the requesting judicial authorities requested, where applicable international legal instrument in the relationship between the requesting State and the requested State shall govern this mode of transmission.
  

(2) except to the extent specified in paragraph 1. (1) applications for legal aid in criminal matters may be submitted directly by the judicial authorities of the requesting judicial authorities required in an emergency, but a copy thereof should be sent simultaneously to the Ministry of Justice or the public prosecutor's Office attached to the High Court of Cassation and justice, where appropriate.
  

(3) the procedure laid down in paragraph 1. (1) and (2) will be followed and for forwarding the response to the urgent requests of judicial assistance in criminal matters.
  

(4) in the case referred to in paragraph 1. (1) and (2) direct submissions may be purchased through the International Criminal Police Organization (Interpol).
  


Article 12 other ways of transmitting requests for transmission of applications under the agreement between the requesting State and the requested State may be used and appropriate electronic means, in particular by fax, where available, if the authenticity and the confidentiality of the request, as well as the credibility of the data transmitted are guaranteed.
  

(2) the provisions of paragraphs 1 and 2. (1) shall not prevent recourse to urgent remedies. 11. Article 13 domestic jurisdiction of the Romanian authorities to make a request in the areas covered by this law, or to enforce such a claim is determined by the provisions of the present law the following titles, as well as other relevant normative acts.


Article 14 languages (1) applications laid down in titles II and IV to VII addressed to Romania and annexes should be accompanied by a translation into the Romanian language or English times. Where documents are translated into a language other than Romanian language, the central competent authority according to the provisions of article 3. 10. the competent judicial authority or, in the case of direct transmission, take measures to translate them urgently.
  

(2) 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.
  

— — — — — — —-. (2) of article 9. 14 was amended by section 3 of article 9. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(3) responding to requests of Romania will be written in Romanian language, its translation into the official language of the requesting State or in one of the languages English French optional times except where international legal instrument applicable otherwise.
  

(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) article. 14 was amended by section 3 of article 9. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 15 duration of sentences and measures deduction of custodial


(1) the duration of the sentences and custodial measures, 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.
  

— — — — — — — —- 15 has been amended by section 3 of article 9. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 16 (1) the costs of fulfilling a request covered by this law are usually borne by the requested State.
  

(2) However, are borne by the State or the requesting judicial authority: a) allowances and remuneration of witnesses and experts, and travel expenses and subsistence;
  

b) costs of remittance objects;
  

(c) the costs of the transfer) to persons in the territory of the requesting State or the judicial authority;
  

d) costs of transit of a person in the territory of a foreign State or the Authority's headquarters by a third country;
  

e) costs entailed in the use of a videoconference for fulfilling a request for judicial assistance;
  

f) other expenses considered as extraordinary requested State depending on the human and technological means used to fulfil the demand.
  

(3) as a result of an agreement between the Romanian authorities and foreign authorities, the applicant can derogate, in exceptional cases, from the provisions of paragraph 1. (2) and (4) the costs incurred by the Romanian State shall be covered from the State budget and, where appropriate, are included in the budget of the Ministry of Justice, Ministry of Public and MOAI.
  


Article 17 submitting items and goods (1) where the application relates or involves submitting articles or other goods, they can be taught when you aren't indispensable proof of a criminal offences whose prosecution and judgment on the competence of the judicial authorities.
  

(2) remission of objects and other items may be deferred or carried out under the condition the refund.
  

(3) the provisions of paragraphs 1 and 2. (1) and (2) shall not affect the rights of third parties of good faith and the Romanian State's rights when these objects and can return it.
  

(4) the objects and goods will not be taught except by virtue of a final judgment handed down by the competent judicial authority.
  

(5) in the case of requests for extradition, surrender of objects and goods referred to in paragraph 1. (1) may be effected even if extradition is granted, in particular due to the flight or the death of the person extrădabile.
  


Title II chapter I passive Extradition Extradition section 1 Conditions for extradition article 18 Persons subject to extradition can be expelled from Romania, under the present law, at the request of a foreign State, persons within its territory which 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.
— — — — — — — —- 18 was amended by paragraph 4 of art. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 19 persons exempted from extradition (1) cannot be extradited from Romania: the Romanian citizens), if the conditions are not met. 20;
  

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 treatments;
  

— — — — — — — — Lit. b) of paragraph 2. (1) of article 1. 19 was amended by paragraph 4 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

c) foreign nationals who enjoy in Romania immunity of jurisdiction, under the conditions and within the limits laid down by the Convention or by other international agreements;
  

d) foreign nationals abroad in order to quotes, 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.
  

— — — — — — — —-Lit. d) of paragraph 2. (1) of article 1. 19 was amended by section 5 of art. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(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.
  

— — — — — — —-. (2) of article 9. 19 was amended by section 5 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 20 Extradition for Romanian citizens (1) Romanian citizens can be extradited from Romania on the basis of multilateral international conventions to which it is party and on the basis of reciprocity, if is met at least one of the following conditions: (a) the person is domiciled) extrădabilă on the territory of the requesting State after the date of the grant of an application for extradition;
  

b) person has the citizenship of extrădabilă requesting State;
  

c) perpetrator of extrădabilă person in the territory of or against a national of a Member State of the European Union, if the requesting State is a member of the European Union.
  

(2) in the case referred to in paragraph 1. (1) (a). ) and c) when extradition is requested in order to carry out criminal prosecution or judgement, an additional condition is that the requesting State to give insurance considered as sufficient that, in the case of conviction to a penalty involving deprivation of liberty by a court decision has become final, the person to be extradited will be transferred for enforcement in Romania.
  

(3) Romanian citizens can be extradited on the basis of the provisions of bilateral treaties and on a reciprocal basis.
  

(4) for the purpose of ensuring that the conditions laid down in paragraph 1. (1) to (3), the Ministry of Justice may require the submission of evidence issued by the competent authority of the requesting State.
  


Article 21 grounds for mandatory refusal of extradition (1) Extradition will be refused if: a) has not been respected the right to a fair trial within the meaning of the European Convention for the protection of human rights and fundamental freedoms, done at Rome on 4 November 1950, or any other relevant international instrument, ratified by Romania;
  

b) there are good reasons to believe that extradition is requested in order to prosecute or punish a person on grounds of race, religion, sex, nationality, language, political opinions or ideological times membership of a particular social group;
  

(c) the person is likely to) the situation fester from one of the reasons set out in (a). b);
  

(d) the request is formulated in) a question on the role of some extraordinary courts, other than those established by the relevant international instruments, or for enforcement of a sentence imposed by a court;
  

e) refers to a political offence or an offence related to a political crime;
  

f) refers to a military offense which does not constitute a common law offence.
  

(2) there shall be regarded as offences of a political nature: the life of a bombing at) head of State or a member of his family;
  

b) crimes against humanity provided for in the Convention on the prevention and suppression of the crime of genocide, adopted on 9 December 1948 by the General Assembly of the United Nations;
  

(c) the offences referred to in article). 50 of the Geneva Convention of 1949 to improve the fate of the sick and wounded from the armed forces in the campaign, at art. 51 from the Geneva Convention of 1949 to improve the fate of the sick, the wounded and shipwrecked armed forces maritime, at art. 129 of the Convention of Geneva of 1949 relating to the treatment of prisoners of war and to art. 147 of the Geneva Convention of 1949 relating to the protection of civilian persons in time of war;
  

(d) any similar violation) of the laws of war, which are not covered by the provisions of the Geneva Conventions referred to c);
  

(e) the offences referred to in article). 1 of the Convention for the Suppression of terrorism, done at Strasbourg on 27 January 1997, and in other relevant international instruments;
  


offences prescribed in f) Convention against torture and other cruel, inhuman or degrading treatment or punishment, adopted on 17 December 1984, the General Assembly of the United Nations;
  

(g) any other offence) whose political nature has been removed by treaties, conventions or international agreements to which Romania is a party.
  


Article 22 Grounds for refusal of extradition optional (1) Extradition may be refused when the deed that motivates the request be subject to a criminal trial in progress or when the Act is subject to criminal trial in Romania.
  

(2) a person's Extradition may be refused or postponed if its teaching is likely to have consequences of a particular gravity for it, especially due to age or his State of health. In case of refusal of extradition, the provisions of art. 23 para. (1) shall apply accordingly.
  


Article 23 Transfer of criminal proceedings in cases of refusal of extradition extradition Refusal (1) their own citizen or political refugee commits the Romanian State as upon request of the requesting State to submit to the competent judicial authorities of its cause, so that they may exercise their prosecution and judgment, if any. For this purpose the requesting State would transmit free Ministry of Justice from Romania, information folders and objects relating to the offence. The requesting State will be informed about the outcome of his application.
  

(2) where Romania opts for the solution of a refusal of extradition of a foreign citizen, 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 punished.
  

— — — — — — — —-. (2) of article 9. 23 was amended by section 6 of article. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 24 Double incrimination (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.
  

— — — — — — — —-. (1) of article 1. 24 has been amended point 7 of article. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(2) Notwithstanding the provisions of paragraph 1. (1), extradition may be granted if the Act in question and is not provided by the Romanian law, if for this deed is excluded the requirement of double criminality by means of an International Convention to which Romania is a party.
  

(3) the differences between the legal qualification and designation date same offenses the laws of both States are irrelevant, though by Convention or, failing that, through the Declaration of reciprocity does not provide otherwise.
  


Article 25 tax Offences (1) in respect of tax, customs and currency exchange, extradition will be granted according to the provisions of relevant international understanding, for the facts to which they correspond, in accordance with the law of the State, offences of the same nature.
  

(2) Extradition may not be refused on the grounds that Romanian law does not impose the same kind of tax or duty or not same type includes regulatory fees and taxes, customs or currency exchange as the law of the requesting State.
  


Article 26 the severity of the punishment is given to Romania's extradition, criminal prosecution or judgement, for committing acts of which under the laws of the requesting State draws and the Romanian law a deprivation of liberty of at least one year, and for enforcement of a sentence, only if it is at least 4 months.


Article 27 the death penalty If the Act for which extradition is requested is punishable by death by the law of the requesting State, extradition shall be granted only on condition that the State concerned to reassure regarded as sufficient by the Romanian State that capital punishment will not run, will be commuted.


Postpone the application of article 28 of the punishment 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.
— — — — — — — —- 28 was amended by section 8 of article. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 29 Offences committed in a third country in the case of offences committed in the territory of a State other than the requesting State, extradition may be granted when the Romanian law confers jurisdiction of the judicial authorities and court prosecution for offences of the same kind, committed outside the territory of the Romanian State, or when the requesting State provides evidence that the third country in whose territory the offence was committed, will not ask for extradition for the deed.


Article 30 prior complaint Lack Extradition shall not be granted where, according to both the Romanian legislation and the legislation of the requesting State, the criminal proceedings may be commenced only upon the complaint of the injured person's prior, and this person opposes extradition.


Article 31 the right to self-defence Romania does not grant extradition in cases where extrădabilă would be put on trial in the requesting State by a court which does not provide the fundamental procedural guarantees and protection of the rights of defence or a national court set up for the case in question, or if extradition is sought to enforce a sentence handed down by that Court.


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.
  

— — — — — — — —- amended 32 of point 9 of article. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Prescription of article 33 (1) Extradition shall not be granted if the criminal statutes or prescription sentence is accomplished either under Romanian legislation, either under the law of the requesting State.
  

(2) the application for extradition of prescription previously unfulfilled interrupts.
  


Article 34 Amnesty Extradition is not allowed for an offense for which Amnesty was in Romania, the Romanian State had jurisdiction to pursue this offense, according to its own criminal laws.


Article 35 Pardon Act of clemency adopted by the requesting State extradition's request make inoperative, even if the other conditions of extradition are met.


Section 2 of the extradition Procedure from Romania Article 36 Application of the extradition documents (1) the request for extradition, expressed in writing by the competent authority of the requesting State, shall be addressed to the Ministry of Justice. If the request is addressed diplomatically, it shall be transmitted immediately to the Ministry of Justice. Another way could be agreed through direct agreement between the requesting State and the requested State.
  

(2) In support of the application will be presented: a) depending on the phase of the criminal process, the originals or copies of authentic judgment of conviction, noting whether definitive decisions handed down as a result of the exercise of the legal remedies available, the mandate of execution of prison sentence, i.e. the originals or copies of authentic preventive arrest mandate, rechizitorului or other acts having equal power. Authentication is done to children free of these acts of the Court or of the competent prosecutor, where appropriate;
  


(b) a statement of facts) in relation to which extradition is requested. Date and place of their legal qualifications and references to statutory provisions that apply to them indicate in the most exact possible;
  

c) a copy of the applicable legal provisions or, if this is not possible, a statement on the law applicable to semnalmentele, and the most accurate extrădabile of the person and any other information likely to determine its identity and nationality;
  

d) data on the duration of the punishment in the case of unexecuted request for the extradition of a convicted person who has carried out only part of the punishment.
  


Passive extradition Procedure of article 37 (1) extradition of Romania decides.
  

(2) the procedure for extradition of the passive is urgent and is conducted during the holidays.
  

(3) the role of the Ministry of Justice consists in carrying out the duties devolving upon it, as a central authority, the law and international treaties to which Romania is a party.
  

(4) in exercising the functions of the central authority, the Ministry of Justice, through the direction, performs in particular the following tasks: the receipt of the request for extradition);
  

b) examining the application for extradition and the documents attached thereto in terms of regularity, in the conditions laid down in article 21. 38;
  

(c) the request for extradition) documents appended thereto and the Attorney general, under the conditions laid down in article 21. 40;
  

d) refund the extradition application and documents appended thereto, in the cases referred to in article 1. 38 para. (4);
  

e) implementation, in collaboration with the Ministry of administration and Interior, of a final decision by which extradition has been ordered;
  

(f) communication to the central authority) to the requesting State of the solution given the request for extradition or provisional arrest in the demand for extradition purposes, pronounced by the competent court.
  


Article 38 regular international exam (1) regular international exam aimed at verifying the request for extradition and the documents annexed thereto with the provisions of relevant international treaties, including the statements made by Romania on the basis of the provisions of multilateral conventions.
  

(2) the Ministry of Justice, through the direction of specialization, effected within 3 working days of receipt of the application, regular examination of paragraph international. (1) in order to ascertain whether: a) between Romania and the requesting State of the conventional rules for reciprocal extradition times;
  

b) at the request of extradition are annexed acts mentioned applicable international treaty;
  

c) application and annexed its acts are accompanied by translations, as prescribed. 14;
  

There is one of d) limits the granting of judicial cooperation. 3. (3) in addition, in the context of the examination of the international Ministry of Justice regularly verifies the existence of reciprocity in respect of extradition of nationals, if the extradition is requested is a citizen.
  

(4) where the failure to comply with the conditions of regularity finds international mentioned in paragraph 1. (2) (a). the a and b)) and in para. (3) if it is established that the existence of the situation referred to in paragraph 1. (2) (a). (d)), the Justice Ministry handed back the request and annexes, explaining the reasons.
  

In the event that the request for extradition and supporting documents annexes are not accompanied by translations in Romanian language, the competent prosecutor to take action for translations as urgent.

(5) in the case of requests for provisional arrest for extradition purposes, regular international examination is carried out within 24 hours of receipt of the request.
  


Article 39 the requests (1) If extradition is requested by several States, either for the same offence or for different facts, the Romanian State decides, having regard to all the circumstances and, in particular, the seriousness of the crime was committed and the time applications are submitted, the person's citizenship extrădabile, reciprocal extradition in relation to the Romanian State and the possibility of a subsequent State extraditions to another applicant.
  

(2) In the situation referred to in paragraph 1. (1) the Ministry of Justice shall determine, where appropriate, the State of which the applicant would be handed over to the person to be extradited, according to the international obligations undertaken by Romania through international treaties to which it is a party or arising out of membership of the European Union, having regard to the final court rulings with respect to each of the requests for extradition, as well as of the criteria set out in paragraph 1. (1) and (3) the existence of requests the Justice Ministry will notify urgently the competent authorities of the requesting States.
  


Article 40 competent Attorney Referral except for refunds provided for in articles. 38 para. (4) the request for extradition shall be transmitted or annexes of the Ministry of Justice, within 48 hours, the prosecutor general's Office of the Court of appeal in whose constituency was located extrădabilă or person, where it is not known the whereabouts of the person, the Attorney general's Office of the Court of Appeal.


Article 41 the representation of the requesting State (1) The procedure for extradition, the requesting State is represented by the central authority and the Public Ministry from Romania. At the express request of the requesting State, its representatives may participate, with the approval of the competent court, the request for extradition.
  

(2) the provisions of paragraphs 1 and 2. (1) shall apply correspondingly in the event of extradition proceedings.
  


Article 42 the court proceedings and special rules of jurisdiction (1) the judicial extradition Procedure is within the competence of the Court of appeal in whose constituency was located extrădabilă person and the Prosecutor's next to it.
  

(1 ^ 1) Where the requesting State asks while 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.
— — — — — — —-. (1 ^ 1), art. 42 was introduced by paragraph 6 of article 19. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(2) the application for provisional arrest for extradition purposes and extradition request of a completely resolve, consisting of a judge of the Criminal Division of the Court of appeal.
  

(3) on application by the judgment of extradition is subject to appeal, as provided in article 13. 52 para. (8) and article. 53. — — — — — — — —-. (3) art. 42 was amended by paragraph 10 of article 10. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(4) the rules of criminal procedure relating to the monitoring, judgment and execution are applicable to the extradition procedure and to the extent that this law does not provide otherwise.
  


Article 43 the provisional Arrest and referral to the Court (1) the competent public prosecutor or attorney general designated by it shall, in the 48 hours following receipt of the request for extradition and the attached documents, the identification of the person extrădabile, informs the content of the documents transmitted by the authorities of the requesting State.
  

(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.
  

— — — — — — —-. (2) of article 9. Amended 43 of point 7 of article. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(3) the provisional Arrest for extradition purposes shall be and the same is extended fully vested in the extradition demand, through closing, and the total period of provisional detention should be able to exceed 180 days. After drawing up a ruling that ordered the arrest, the judge shall forthwith issue a provisional arrest warrant for extradition purposes. The provisions of the code of criminal procedure with regard to the content and execution of the arrest warrant shall apply accordingly.
  


(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.
  

— — — — — — —-. (4) article. Amended 43 of point 7 of article. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(5) In the course of resolving the extradition demand, 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.
  

— — — — — — — —-. (5) article. Amended 43 of point 11 of article 1. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(6) with the acceptance of the request for extradition, by sentence, the Court also expelled in order to arrest the person teaching.
  

(7) the measure in order to arrest cease teaching law if the person to be extradited is not taken by the competent authorities of the requested State shall, within 30 days from the date agreed for handover, except as provided for in article 10. 57 paragraph 3. (6). In this case, the Court has as soon as implementation of the expelled person and shall inform the Ministry of Justice and the International Police Cooperation Centre within the General Inspectorate of the Romanian police.
  

(8) if the person extrădabile the competent Romanian judicial authorities have issued an arrest warrant for preventive detention or a term of execution of prison sentence, for acts committed on the territory of Romania, the term of Office of the provisional arrest warrant for extradition purposes becomes effective from the date on which the person concerned is no longer placed under preventive arrest power mandate or the execution of prison sentence.
  

(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 suspensive.
  

— — — — — — — —-. (9) article. Amended 43 of point 11 of article 1. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 44 the 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 Notice or broadcasting international tracking through the channels of 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 diffusion through the channels of international prosecution 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.
  

— — — — — — —- 44 was amended by section 8 of article. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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.
— — — — — — —- 45 was amended by point 9 of article. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 46 the procedure before the Court of appeal (1) The first term, the Court shall give the person making statements that extrădabile will be assisted free of charge by an interpreter and a defender of its own motion, if there is a lawyer. The presence of the Attorney is compulsory. Proceedings shall be public if the person extrădabilă does not oppose or Prosecutor, oral and adversarial.
  

(2) the person or the Prosecutor extrădabilă session may ask the Court within eight days, another for reasons sufficiently justified. Public Prosecutor is obliged to contribute to the purchase of data and documents necessary to establish whether the conditions for extradition are fulfilled and have been submitted to the Court and lifting of objects referred to in art. 17. (3) After the hearing, the person may be extrădabilă to opt for voluntary extradition, either to continue the procedure in case of negative effects from extradition.
  


Voluntary Extradition article 47 (1) a person shall be entitled to declare extrădabilă in court that waives the benefits that it can provide the law to defend itself against the request for extradition, and that gives his consent to be extradited and handed over to the competent authorities of the requesting State. His statement is recorded in the minutes, signed by the presiding court, Registrar, extrădabilă person, her lawyer and an interpreter. Once the Court finds that the person extrădabilă is fully aware of the consequences of his or her option, the Court, having taken into account the conclusions of the Prosecutor, and examine if there is any impediment which exclude extradition. If it becomes apparent that a voluntary extradition is admissible, the Court notes that at the same time by sentence and on the necessary preventive measure to be taken until the surrender of the person extrădabile. The sentence is final, it will be issued within 24 hours and shall forthwith transmit a certified true copy of the Ministry of Justice to proceed according to law.
  

(2) under the conditions laid down in paragraph 1. (1) a person may declare extrădabilă waived the rule of speciality under article 4. 74. Article 48 Simplified Extradition

In the case referred to in article 1. 47, the submission of a request for extradition and the formal acts referred to in article 1. 36 para. (2) is no longer necessary if it so provides through international Convention applicable in relation to the requesting State or where that State law allows such a simplified procedure of extradition and it was applied to requests for extradition made by Romania.


Article 49 opposition to the extradition of the person extrădabile (1) extrădabilă If the person opposes the application for extradition, she could make his defence as oral and written; at the same time will be able to propose.
  

(2) subsequent to the hearing of the person extrădabile the file of the case is made available to the defence to be able to submit, in writing, within 8 days, the opposition to the application for extradition set out in detail and indicate the means of proof permitted by Romanian law, the number of witnesses being limited to two.
  

(3) the opposition cannot only be based on the fact that the arrested person is not the person being tracked or that conditions are not met for extradition.
  

(4) Once presented the opposition period expired, or its presentation, the Prosecutor may request a period of 8 days to reply to the opposition or to administer, under the conditions laid down in paragraph 1. (2) Article 50 Administration evidence evidence încuviinţate instance will be administered within a maximum of 15 days, in the presence of the person extrădabile, assisted by defender and, if necessary, the interpreter, and the Prosecutor.


Article 51 of additional Information (1) If the information communicated by the requesting State are insufficient to enable the Romanian State to pronounce a judgment pursuant to this law, the competent court will be asked complinirea necessary information. To this end, it will fix a time limit of two months.
  

(2) the transmission of additional information, request and response is one of the ways provided for in art. 36. Article 52 case Settlement (1) After examination of the request for extradition, are inaccurate material and conclusions by the extrădabilă and the Prosecutor, the Court of appeal may dispose of): in the case of applications as referred to in art. 39, colligate, even if it relates to facts or are registered in different courts of Appeal jurisdiction belonging to the Court of appeal of the first seised;
  

b) have, in case of necessity to receive additional information from the requesting State under art. 51, delaying resolution of the request for extradition for a period of two months, with the possibility reiterării application, and providing the ultimate term of 2 months;
  

c) to establish, through a sentence, whether or not the conditions for extradition are fulfilled.
  

(2) the Court of appeal did not have jurisdiction to rule on the prosecution or sentencing hearing for a foreign authority asks for extradition, nor the suitability of the extradition.
  

(3) if the appellate court finds that the conditions for extradition are satisfied, decides on the admission of the request for extradition, at the same time maintaining the provisional detention for extradition purposes, until the surrender of the person expelled, according to art. 57. (4) a judgment which ordered the extradition shall within 5 days from the date of pronouncement.
  

(5) in the case of extradition or temporary under the condition, the Court will sentence mention in the conditions laid down in those articles.
  

(6) in the case of acceptance of the request for extradition, if remitted and according to art. 17, will make mention of these in the sentence-possibly annexing an inventory is.
  

(7) if the Court finds that the conditions for extradition are fulfilled, it shall reject the application and release of the person extrădabile. The judgement shall state the reasons in 24 hours and is forwarded to the prosecutor general's Office of the Court of appeal, who shall submit, without delay, the specialized compartment of the Ministry of Justice.
  

(8) 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.
  

— — — — — — — —-. (8) article. Amended 52 of point 12 of article 4. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(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 detention for extradition purposes.
  

— — — — — — — —-. (9) article. Amended 52 of point 12 of article 4. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 53 Prosecution appeal and communication of the 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.
  

— — — — — — — —- Amended 53 of point 13 of article. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 54 article Analogy 52 para. (8) and article. 53 is applied properly in the cases in which the Court decision on the postponement of extradition, extradition under the condition of admission, consent for extradition and extending object by a third country reextrădarea.


Article 55 extrădatului Extrădatul Fugue which, after being handed over to the requesting State, flees before settling the case or the execution of the sentence for which extradition has been granted and which returns or is identified on Romanian territory will again be arrested and handed over under a warrant issued by a competent judicial authority of the requesting State, unless the latter has violated the conditions under which extradition was granted.


Section 3-the effects of extradition from Romania Article 56 Teaching extrădatului (1) is deemed to be necessary and sufficient legal basis for teaching extrădatului an extract of the final judgment, ordering the extradition.
  

(2) in order to establish the date and place of teaching, the Ministry of Justice shall immediately notify International Police Cooperation Centre within the General Inspectorate of the Romanian police with a list of final judgement.
  

(3) the date of surrender will be communicated to the Ministry of Justice and the competent court of appeal within 15 days from the date of transmission of a judgment referred to in paragraph 1. 1. Where the date of the surrender was not fixed within 15 days, International Police Cooperation Centre within the General Inspectorate of the Romanian police appeals taken and the reasons for which the date of the surrender could not be established during this period.
  


Article 57 Deadlines for teaching extrădatului (1) the Ministry of Justice will make known to the competent authority of emergency requesting State solution adopted over extradition, giving at the same time an excerpt from final judgment.
  

(2) any solution of partial or total rejection will be motivated.
  

(3) in the case of granting extradition, the requesting State will be informed about the date and place of teaching, as well as on the duration of arrest for extradition purposes, executed by the person extrădabilă.
  

(4) the place of teaching will be a border of Romania. International Police cooperation centre within the General Inspectorate of the Romanian police, through the national Interpol Office, teaching, and so inform the Justice Ministry and the competent court of appeal. The person to be extradited is handed over and taken under escort.
  

(5) subject to the case referred to in paragraph 1. (6) if the person to be extradited will not be taken on the date set, she can be placed freely within 15 days, reckoned from that date; This term will not be extended much further than the 15 days.
  


(6) in the event of force majeure, which prevent the handing over or receiving the person expelled, the Romanian authorities and those of the requesting State will agree on a new database of instruction, the provisions of art. 56 para. (3) being applicable.
  


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.
  

— — — — — — —- 58 was modified by paragraph 10 of article 10. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 59 Repealed.
— — — — — — —- 59 has been repealed by the point 11 of article 1. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 60 (1) Transit Transit on the territory of Romania of one who is not extradited Romanian citizen may be granted provided that the interests of public order does not oppose, and to be talking about an offense that allows extradition, according to Romanian law.
  

(2) if the person to be extradited has Romanian citizenship, transit is not granted except in cases where it is possible to approve the extradition of Romanian citizens.
  

(3) the transit shall be granted at the request of the State concerned, formulated and transmitted on the path laid down in art. 36 para. (1), to which shall be attached to at least mandate of preventive arrest or mandate of enforcing the prison sentence which justified the grant of extradition.
  

(4) the proceedings on transit is taken by the Ministry of Justice.
  

(5) the Ministry of Justice shall immediately notify the competent authority of the decision to the requesting State and the MOAI.
  

(6) in the case of transit by air, when there is no landing on the territory of the Romanian State, it is sufficient if the notification sent by the competent authority of the requesting State to the Ministry of Justice of Romania. In the event of a forced landing, this notification will take effect the application for provisional arrest for the purpose of extradition, the requesting State will address as soon as a formal request for transit. The provisions of paragraphs 1 and 2. (3) shall apply accordingly.
  

(7) Extrădatul in transit remain in provisional arrest during his stay in the territory.
  


Article 61 Reextrădarea to a third country (1) except in cases referred to in article 1. 74 para. (1) (a). (b)), the Romanian Government consent is required to permit the requesting State to teach another person has been handed over and that would be sought by the State party for the surrender of the previous offences. The Romanian State will be able to require the submission of documents referred to in article 1. 36 para. 2. (2) the provisions of article 4. 52 and 53 shall apply accordingly.
  


Chapter II active Extradition section 1 Conditions for extradition Article 62 Obligation to request extradition Extradition of a person against whom the competent Romanian judicial authorities have issued an arrest warrant for preventive detention or a term of execution of prison sentence times which was a safety measure will be applied for the foreign State in whose territory it was located in all cases where conditions are fulfilled, the exemption provided for in this law.


Legal framework article 63 (1) the provisions of section 1 of the head. I of this title shall apply accordingly if the Romania of the requesting State.
  

(2) outside of its severity of sentence condition laid down in article 21. 26, an additional condition that Romania should be able to request the extradition of a person, in order to carry out criminal prosecution, is that against that person is put in motion criminal proceedings under the code of criminal procedure.
  


Section 2 of the procedure for extradition Article 64 the jurisdiction competent to prepare and forward the extradition requests on behalf of the Romanian State Justice Ministry returns.


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, the red notice or broadcasting does not equate with a request 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 for extradition purposes.
  

— — — — — — —- 65 has been changed from point 12 of article 4. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 66 active extradition Procedure (1) as soon as it is informed, by any means which leaves a written and whose authenticity can be verified by the International Police Cooperation Centre within the General Inspectorate of the Romanian police, through the specialized structure, or by the Ministry of Justice, about the location of the territory of a foreign State of an individual given in tracking international judicial authorities or searched for performing the warrant of execution of prison sentence or of a preventive arrest warrant, the court enforced or court issuing the mandate of preventive arrest shall, by means of a reasoned conclusion, provided that the conditions laid down in this Act in order to request extradition.
  

(2) Police Cooperation Centre, through specialized International structure, has an obligation to inform the Court of enforcement or court issuing the mandate of preventive arrest as soon as the National Central Office of Interpol correspondent shall notify that person that is the subject of the mandate was located. Provision of information will be sent directly, with a copy to the Ministry of Justice.
  

(3) the judgment is made and, in particular, in the Council Chamber, a panel consisting of a single judge, with the participation of the Prosecutor and without summoning the parties. Judge stands by dismissal motivated, given in the Council Chamber.
  

(4) to track the activity of the courts will keep a separate condică for court sittings complaints concerning extradition. In this workbook is passed from each session folders separately, and its conclusion given the number, as well as the initials of the judge who would edit. At the same time, it shall draw up and keep the register of complaints relating to extradition, which will make the following entries: number; name and surname of the accused or detainee; number and date of the mandate of preventive arrest or execution of punishment; number and date of the address of the Centre for International Police Co-operation in the framework of the General Inspectorate of the Romanian police or the Ministry of Justice; the court file number; number and date of the pronouncement of the conclusion; notification of conclusion of the Ministry of Justice. The Court of appeal will hold a separate registry for these cases. Register complaints concerning extradition is not intended for advertising.
  

(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.
  

— — — — — — — —-. (5) article. Amended 66 of point 14 of article. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(6) the final conclusion whereby it was found that the conditions are met for requesting extradition, accompanied by the acts referred to in article 1. 36 para. (2) it shall immediately notify the Ministry of Justice. The final conclusion whereby it was found that the conditions are not met in order to ask for extradition shall be communicated to the Ministry of justice no later than 3 days after delivery.
  

(7) not later than 3 days from the date of receipt of the final conclusion whereby it was found that the conditions for extradition, the Justice Ministry's request, by direction, performs a test on a regular basis. The provisions of article 38 shall apply accordingly.
  

(8) according to the conclusions of the examination of regular international specialized Directorate of the Ministry of Justice prepares the extradition request be and transmit it, together with the annexes, the competent authority of the laws of the requested State, be drawn up a document proposing the Justice Minister, motivated, to refer the matter to the Attorney general's Office of the High Court of Cassation and justice, with a view to initiating the procedure for review of final conclusion which ordered extradition request in both cases, informing the Centre for International Cooperation on Police Inspectorate General of Romanian police. If it finds that the acts are incomplete prior to draw up and transmit the request for extradition, the Justice Ministry specialist may request the competent court to transmit, within 72 hours, the necessary additional acts according to international treaty regimes.
  

(9) where the conditions are not met for regular international extradition request, the Minister of Justice, through the Attorney general's Office of the High Court of Cassation and justice, requires the revision of a final judgement which found that the conditions are met for the extradition request. Review may not be required for different reason than the one linked to the conclusions of the examination on a regular basis.
  

(10) the request for review shall be made within a maximum period of 3 days if the person referred to in paragraph 1. (1) for the purpose of extradition is arrested by Romania. In all other cases, the request shall be made not later than 15 days. The time-limit shall run from the date on which the Attorney general receives the application through which the Minister of Justice requesting them to promote the revision of a final judgement which found that the conditions are met for the extradition request. Competent to judge the application for review is pursuant to paragraph 4. (1) where the person referred to in paragraph 1. (1) for the purpose of extradition is arrested by Romania, a request for review and shall decide in particular. In all other cases, the request for review shall decide not later than one month from the date of registration of the case.
  

(11) the Court, if it finds that the request for review is based, undo the conclusion contested. If the Court finds that the application for review is unfounded, a reject, retaining the conclusion contested. Judgment of the Court of revision shall be final and shall be made within 24 hours from the date of the Minister of Justice and Attorney-general's Office of the High Court of Cassation and justice.
  

(12) the extradition Request or attached thereto, together with the acts listed in article 1(1). 36 para. (2) certified translations and in the official language of the requested State or in English French, are transmitted to the times to the competent authority of the requested State, on one of the remedies referred to in article 1. 36 para. 1. (13) where it is requested the extradition of a person convicted in absentia in the event that the requested State shall notify the person pursued in default judgment, such notification will not produce effects of criminal procedure against Romania.
  

(14) where the person being tracked is not provisionally in extradition, the procedure laid down in this article is of a confidential nature, until such time as the requested State is vested with the extradition request.
  


^ Article 66 1 Simplified Extradition when the person time in tracking international channels of International Criminal Police Organization-Interpol, or with respect to which it has been introduced a flag in the 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 , and the International Convention applicable in relation to the requested State or the law of that State govern such proceedings.
— — — — — — —- 66 ^ 1 was introduced by the pct, article 13. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 67 the withdrawal of the request for extradition


(1) where the person extrădabilă no longer holds the power of preventive arrest or execution of its mandate, the competent court, ex officio or at the request of the Prosecutor, shall, by reasoned conclusion that it no longer appears that conditions stipulated by law, in order to ask for extradition and has immediately withdrawing the request for extradition. The judgment shall be sent to the Ministry of justice within 24 hours of delivery. The Ministry of Justice shall promptly withdraw the request for extradition and inform about this International Police Cooperation Centre within the General Inspectorate of the Romanian police.
  

(2) the provisions of article 4. 66 shall apply accordingly.
  


Article 68 Transmission of additional information at the request of the requested State (1) where, in order to solve the extradition demand, foreign 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 specialized department — — — — — — —-. (1) of article 1. Amended 68 of point 14 of article. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(2) translation of documents is carried out by the Ministry of Justice or the Court of competent jurisdiction, if applicable.
  


Article 69 the person expelled Retrial rejudecării Insurance in the case of the 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.
— — — — — — —- Amended 69 of point 15 of article 2. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 70 reextrădării by Romania's request article 61 shall apply accordingly if the requesting foreign State Romania a reextrădarea a person whose extradition had been previously granted by a third country.


Section 3-the effects of extradition in Romania Article 71 extrădatului Takeover provisions regarding handing-taking over the person expelled. 56 and 57 shall apply accordingly in respect of persons expelled from abroad in Romania.


Article 72 Receiving extrădatului (1) the person to be extradited, brought in Romania, there will be emergency prison or handed over to the competent judicial authority, as appropriate.
  

(2) If extrădatul was sentenced in absentia, he will be rejudecat upon request with due regard to the rights referred to in art. 32 para. (1) Article 73 Communication solution the Ministry of Justice informs the competent Romanian judicial authority about how to solve the extradition application by the requested State and, where appropriate, of the duration of provisional detention for extradition purposes, to be computată according to the provisions of article 3. 15. Article 74 of the speciality Rule (1) any person taught as part of extradition will not be pursued, any judgment, nor held in order to execute the punishment, nor subjected to any other restriction of his or her individual freedom, for any previous teaching, in fact other than the one which gave rise to extradition, except in cases when: (a) the State which handed) it agrees; to this end, the competent Romanian authorities of the requested State shall transmit a request accompanied by the acts referred to in article 1. 36 para. (2) a report in which shall be recorded the statements of the person expelled;
  

b) having the opportunity to do so, the person to be extradited has not left it within 45 days of his final release, Romanian territory, or if he returned to Romania after having left the territory of the Romanian State.
  

(2) the Romanian authorities will take the necessary measures in order to, on the one hand, any references to the person on the territory of Romania, and on the other hand, the interruption of prescription according to the Romanian legislation, including recourse to a procedure.
  

(3) When the offence date relating to qualification will be amended during the procedure, the person extradited shall not be prosecuted or judged only in so far as the constituent elements of the infringement recalificate would permit extradition.
  

(4) in the case referred to in paragraph 1. (1) (a). request to the foreign State) shall be formulated by the Ministry of Justice, on the basis of the conclusion of the Court have jurisdiction to hear and determine at first instance cause, at the initiative of the Public Ministry or the basis of the Court's conclusion on the role of the cause, if extradition was granted after sending the person expelled.
  


Article 75 the effects of extradition under condition (1) if the extradition was granted under the condition that the Court requested the extradition shall take the measures necessary to comply with a condition imposed by the requested State and give guarantees in this respect.
  

(2) where the condition imposed is resending the person expelled within the territory of the applicant, the Court has its border crossings at the border, with a view to being absorbed by the competent authorities of the requesting State.
  


Chapter III common provisions Article 76 Expenditure (1) expenditure on the extradition procedure conducted in the territory of Romania shall be borne by the Romanian State, through the budgets of the authorities and institutions involved, according to the powers conferred on each of them by this law. The provisions of article 391. (4) shall apply accordingly.
  

(2) costs of transit shall be borne by the requesting State.
  


Article 77 fraud at a person's extradition by handing the expulsion, readmission, border reconducere or other measures of the same kind is prohibited whenever you hide the will to circumvent extradition rules.


Chapter IV Provisions for the implementation of legal instruments in the field of extradition adopted at European Union level, scope of article 78 (1) the provisions of this chapter shall ensure implementation of the provisions of the Convention relating to the simplification of the procedure for extradition between Member States of the European Union, adopted on 10 March 1995 and of the Convention on extradition between Member States of the European Union adopted on 27 September 1996, as well as the provisions relating to the extradition of the Convention of 19 June 1990 implementing the Schengen agreement of 14 June 1985 on the gradual abolition of checks at their common borders, Schengen, in relation to those EU Member States which have made statements within the meaning of the non-Council framework decision of 13 June 2002 on the european arrest warrant and the surrender procedures between Member States of the European Union for acts committed before a specific date.
  

(2) the provisions of cap. I and II of this title shall apply accordingly subject however prejudice resulting from the accession to the Convention on the simplification of the procedure for extradition between Member States of the European Union, adopted on 10 March 1995, the Convention on extradition between Member States of the European Union, adopted on 27 September 1996.
  


Article 79 the political Offences In application of the Convention relating to extradition between the Member States of the European Union, adopted on September 27, 1996, no offence cannot be regarded as a political offence.


Article 80 of prescription, Amnesty and other causes which removes criminal liability or consequences of conviction (1) in respect of criminal statutes and execution of criminal sentences, apply only to the provisions of the legislation of the requesting State.
  

(2) Amnesty granted by Romania shall not prevent extradition, unless that Act is provided by the criminal law is a matter for the courts.
  

(3) the absence of prior complaints or other conditions necessary for setting in motion the criminal action, according to the Romanian law, does not affect the obligation of extradition.
  


Article 81 Extradition in matters of excise duties, value added tax and customs matters in the Romanian State shall grant extradition for acts provided for in the criminal law in the field of excise duties, value added tax and in customs matters, as provided by law.


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 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 for extradition purposes.
— — — — — — —- 82 was amended by paragraph 16 of article. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 83 Simplified Extradition

Simplified extradition shall apply in relation to the Member States of the European Union, without verifying that the conditions laid down in article 21. 48, whenever the conditions are met. 47. Title III Provisions on cooperation with the EU Member States in the implementation of the framework decision nr. 2002/584/JHA of the Council of the European Union of 13 June 2002 on the european arrest warrant and the surrender procedures between Member States * Note) ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *); IV of the EMERGENCY ORDINANCE nr. 18 of 18 may 2016, published in MONITORUL OFICIAL nr. 389 from May 23, 2016, in application of article 11. 209 paragraph 2. (17), art. 218 paragraph 1. (4) and art. 228 paragraph 3. (2) of the code of criminal procedure, as well as title III ' provisions concerning cooperation with EU Member States in the implementation of the framework decision 2002/584/JHA of the Council of the European Union of 13 June 2002 on the european arrest warrant and the surrender procedures between Member States "of the law No. 302/2004 on international judicial cooperation in criminal matters, republished, with subsequent amendments and additions, the judicial organs shall submit the suspect, the accused or convicted person a written information concerning her rights during criminal proceedings or execution of the european arrest warrant. Provision of information will be made in the Romanian language, in their mother tongue or in a language which he understands, as appropriate.

Romanian-language model of the form which will include provision of information referred to in paragraph 1. (1) will be established by order of the Minister of Justice, Minister of Internal Affairs, the President of the High Court of Cassation and justice and the Attorney general's Office of the High Court of Cassation and justice.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Chapter I General provisions Article 84 the definition of the european arrest warrant (1) the european arrest warrant is a judicial decision that a competent judicial authority of a Member State of the European Union calls for the arrest and handover by another Member State of a person, for the purpose of prosecution, judgement or execution of a sentence or a measure involving deprivation of liberty for safety.
  

(2) the european arrest warrant shall be executed on the basis of the principle of mutual recognition and confidence-building measures, in accordance with the provisions of Council Framework Decision nr. 2002/584/JHA of 13 June 2002, published in the official journal of the European Communities No. L 190/1 of 18 July 2002.
  


The competent Romanian authorities Article 85 (1) Romania is designated as The authority issuing judicial courts.
  

(2) the Romanian judicial authorities executing are courts of appeal.
  

(3) the competent Romanian authorities to receive the european arrest warrant are the Ministry of Justice and the public prosecutor's Office attached to the courts of appeal designated pursuant to paragraph 1. (2) in whose constituency was located the person sought. Where it is not known the whereabouts of the person requested, the european arrest warrant shall be transmitted to the Prosecutor to the Court of Appeal.
  

(4) the central authority is the Ministry of Justice Romanian. In this capacity, the Ministry of Justice: a) receives european arrest warrant issued by a judicial authority of another Member State of the European Union's Office and forward it to the Court of appeal in whose constituency was located the requested person or Office Bucharest Court of appeal, where the person sought has not been located , whenever the issuing judicial authority fails to transmit the european arrest warrant directly to the Romanian judicial authority inviting;
  

b) transmit the european arrest warrant issued by a judicial authority, unless the competent Romanian can transmit directly inviting foreign judicial authority or where the Member State of enforcement has designated the Ministry of Justice as authoritative welcoming;
  

c) keeps track of European arrest warrants issued or received by the Romanian judicial authorities, for statistical purposes;
  

(d) meets any other attribution) established by law designed to assist and support the judicial authorities in the issuing and executing European arrest warrants.
  


Article 86 Contents and form of the european arrest warrant (1) the european arrest warrant shall contain the following information: a) the identity and nationality of the requested person;
  

b) name, address, telephone and fax numbers, and e-mail address of the issuing judicial authority;
  

c indication of the existence of a) judgments, of a preventive arrest warrant or any other enforceable judicial decision having the same effect, falling within the provisions of art. 88 and 96 of this law;
  

(d) the nature and legal classification) of rape, taking account of the provisions of art. 96;
  

e) a description of the circumstances in which the offence was committed, including the time, place, the degree of involvement of the person;
  

f) punishment handed down, if the judgment remained definitive, or punishment provided by the law of the issuing State for the crime committed;
  

g) if possible, other consequences of the offence.
  

(2) the european arrest warrant shall be drawn up in accordance with the form in annex 4. 1. (3) the european arrest warrant to be transmitted to the competent authority of another Member State shall be translated into the official language or official languages of the executing State or in one or more other official languages of the institutions of the European Union, which this State support, according to the declaration deposited with the General Secretariat of the Council of the European Union.
  

(4) the european arrest warrant forwarded toward enforcement authorities need to be translated into Romanian language, or in one of the languages of English and French.
  


Article 87 Expenditure expenditure incurred within the territory of the Romanian State of execution of a european arrest warrant shall accrue to Romania. Other expenses remain the responsibility of the issuing State.


Chapter II the issuance by the Romanian authorities to the european arrest warrant Article 88 procedure for issuing the european arrest warrant (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;
(ii) 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.
— — — — — — —-. (1) of article 1. 88 was amended by the pct, article 17. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(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.
  

— — — — — — —-. (2) of article 9. 88 was amended by the pct, article 17. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(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.
  

— — — — — — — —-. (3) art. 88 was amended by point 15 of article 2. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(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.
  

— — — — — — — —-. (4) article. 88 was amended by point 15 of article 2. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(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).
  

— — — — — — —-. (5) article. 88 was amended by the pct, article 17. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(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. — — — — — — —-. (6) article. 88 was amended by the pct, article 17. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(7) to track the activity of the Court, shall be drawn up and kept register of European arrest warrants. In the register shall be made to the following entries: number; name, first name and nationality of the requested person; number and date of the Court Prosecutor's address on the role of the criminal cause; the enforcement court file number; date of issue of the european arrest warrant; date of transmission of the european arrest warrant; information on the execution of the european arrest warrant; the reasons for the non-execution of the european arrest warrant; requested date of surrender of the person; date of withdrawal the european arrest warrant. The register is not intended for advertising.
  

(8) the procedure laid down in this article is confidential until the arrest of the person sought in the Member State of enforcement.
  


Article 89 the conveyance 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 and foreign language, 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) where the authority competent to receive foreign 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 the status of their execution.
  

— — — — — — —- Amended 89 of point 18 of the art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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.
  

— — — — — — —- 90 has been amended by the pct, article 19. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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, although the times was taken, it is not final the issuing authority may require, the Court, at the request of the Prosecutor who conducts or supervises the prosecution or the Court, that the person against whom he issued european arrest warrant that: a) to be transferred temporarily in Romania for a period determined in agreement with the foreign authority. The issuing court will make mention in this regard; f) in the form set out in the annex. 1, unless the competent foreign authority 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, to the extent that the legislation of the foreign State, 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.
  

— — — — — — —- 91 was amended by pct article 20. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 by any other means with regard to 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 an appeal, may be abolished, the person convicted or has expressly renounced the retrial or appeal exercise 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 (ii) 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, at the request of 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 advertising.
  

— — — — — — —- Amended 92 of point 21 of the art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 93 temporary Teaching (1) If a court, 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 common agreement between the Court and the competent foreign authority issuing.
  

(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.
  

— — — — — — —- amended 93 of point 22 of article. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 94 the withdrawal the european arrest warrant (1) the european arrest warrant shall be withdrawn where disappeared the grounds for justified the issuance thereof or if the requested person has died.
  

(2) in the case referred to in article 1. 65 paragraph 1. (4), the european arrest warrant shall be withdrawn if the pursued person has been extradited or international taught in Romania.
  

(3) Withdrawal is requested by the issuing court, which shall so inform the judicial authority, the Ministry of Justice and, where appropriate, the Prosecutor who oversees the activity times performs criminal investigation or court has ordered the arrest of the action of the defendant or who decided about the safety measures.
  


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 issuing court with foreign enforcement authority;
  

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 Besides, if they have been disclosed at the time of take-over.
  

— — — — — — —- 95 was amended by the pct, article 23. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Chapter III execution of the Romanian authorities to the european arrest warrant in article 96 Facts that give place to the teaching (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 punishment or safety measure involving deprivation of liberty whose maximum duration is at least 3 years shall not be subject to verification of the fulfilment of the double criminality condition: 1. participation in an organized criminal group;
2. terrorism;
3. trafficking in persons;
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. washing products of the crime;
10. the counterfeiting of currency, including euro counterfeiting;
11. the facts related to cybercrime;
12. offences against the environment, including illegal trafficking of species of endangered animal and plant species and endangered;
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.

(2) For other facts than those referred to in paragraph 1. (1) is subject to the condition that the teaching of facts justifying the issue of the european arrest warrant constitutes a crime according to the law, independently of the constituents or its legal classification.
  


Special Conditions of article 97 (1) the execution of a european arrest warrant by the executing judicial authorities can be the Romanian subject to the following conditions: (a)) where the european arrest warrant has been issued for the purposes of enforcing a sentence or a measure involving deprivation of liberty applied to safety through a judgment in default, if the person concerned has not been cited personal nor in any way informed of the date and place of the hearing of the Court that led to the judgment in default, handing the person requested will be granted if the issuing judicial authority shall ensure that the person who is the subject of the european arrest warrant can get retrial in the issuing Member State in his presence;
  

b) where the offence on the basis of which the european arrest warrant is penalised with the penalty of imprisonment for life or a safety measure involving deprivation of liberty for life, the laws of the issuing Member State shall provide for the possibility of revising the death penalty or safety measure applied conditional release times, after running more than 20 years of punishment or safety measure applied or measures of clemency.
  

(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 to Romania.
  

— — — — — — —-. (2) of article 9. 97 was amended by paragraph 24 of article. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 98 of the Grounds for refusal of enforcement (1) the Romanian judicial authority of enforcement refuses the execution of the european arrest warrant in the following cases: (a)), from the information available, it appears that the pursued person has been definitively judged on the same facts by a Member State other than the issuing State, provided that, in case of conviction, the penalty to be executed or to be at that time in the course of execution or execution to be barred the penalty may have been graţiată times the crime may have been amnistiată or have another question occurred that prevents enforcement of the law of the State of conviction;
  

b) when the offence is based on european arrest warrant is covered by Amnesty in Romania, the Romanian authorities have, according to the Romanian law, the power to prosecute that offence;
  

c) when the person who is the subject of the european arrest warrant does not respond, due to his age, for facts on which the arrest warrant is based under the Romanian.
  

(2) a court may refuse enforcement Romanian execution of the european arrest warrant in the following cases: a) in the case referred to in article 1. 96 para. (2) of this Act; exceptionally, in tax matters, customs and Exchange, execution of the european mandate cannot be refused on the grounds that Romanian legislation does not impose the same kind of charges or taxes either does not contain the same type of rules in tax matters, customs and foreign exchange as the law of the issuing Member State;
  

b) when the person who is the subject of the european arrest warrant is subject to criminal proceedings in Romania for the same deed which gave rise to the european arrest warrant;
  

c) when 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;
  

— — — — — — — — Lit. c) of paragraph 2. (2) of article 9. 98 it was pct as amended by article 25. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

d) when the person who is the subject of the european mandate was definitive judgment the same facts in another third country which is not a member of the European Union, provided that, in the event of conviction, the penalty to be executed or to be at that time in the course of execution or execution to be prescribed, or the crime may have been amnistiată or graţiată to have been punishment according to the law of the sentencing State;
  

(e)) where the european arrest warrant relates to offences which, according to the Romanian law, are committed in the territory of Romania;
  

f) when the european mandate includes offences that have been committed outside the territory of the issuing State and the law does not allow the pursuit of these Romanian acts when committed outside the Romanian territory;
  

g) when, according to the Romanian legislation, the liability for the offence on which the european arrest warrant times serving applied were prescribed, if the facts had been a matter for Romanian authorities;
  


h) when a judicial authority had decided to be Romanian 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 proceedings;
  

— — — — — — — —-Lit. h) of paragraph 1. (2) of article 9. 98 was amended by paragraph 16 of article. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(I) where 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, 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 to process; or (ii) 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 an appeal, may be abolished, the person convicted or has expressly renounced the retrial or appeal exercise 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 the resolution of the appeal, at which the prosecution may attend personally, the judgment of conviction may be disbanded.
— — — — — — — — Lit. I) para. (2) of article 9. 98 was coined by point 26 of article. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(3) in the event that, in question, is the incident solely the case of paragraph. (2) (a). c), judgment previously referred to in art. 107, Romanian judicial authority executing judicial authority calls for sending a certified copy of the judgment of conviction, and any other necessary information, and inform the issuing judicial authority with respect to the purpose for which such documents are requested. Recognition of foreign criminal judgment of conviction is made, incidentally, by the Court before which the procedure of execution of the european arrest warrant is pending. Where Romanian judicial authority for the enforcement of a foreign judgement recognised criminal conviction, the mandate of execution of death penalty is issued from the date of judgment. 107. (4) in the case referred to in paragraph 1. (3) if the person sought is in custody and the issuing judicial authority may delay the transmission of the requested documents, the provisions of art. 103 para. (4) shall apply accordingly. Where the judicial authority issuing not transmitting the documents referred to in paragraph 1. (3) no later than 20 days after the date of the first request, if Romanian judicial authority of enforcement refuses the execution of the european arrest warrant, it shall inform the issuing judicial authority on the possibility of seeking recognition and enforcement of criminal sentencing judgment based on the applicable instruments in the relationship between Romania and the issuing Member State or, in their absence, on the basis of reciprocity.
  


Article 99 prior Procedures (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.
  

— — — — — — —-. (1) of article 1. 99 was amended by the pct, article 27. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(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.
  

— — — — — — —-. (2) of article 9. 99 was amended by the pct, article 27. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(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 521-535 of the code of criminal procedure shall apply accordingly.
  

— — — — — — — —-. (3) art. 99 was changed from point 17 of article. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(4) where as a result of checks carried out is satisfied that the requested person resides in the territory of another constituency, the Prosecutor shall immediately send the european arrest warrant to the competent public prosecutor and shall inform the issuing judicial authority and the Ministry of Justice.
  

(5) in the case of checks it is unmistakable that the person sought is not on the territory of Romania, the Prosecutor has to be classified and shall inform the issuing judicial authority and the Ministry of Justice.
  

(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.
  

— — — — — — — —-. (6) article. 99 was changed from point 17 of article. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(7) if the criminal proceedings against the person existing requested relates to other facts than those for which it was issued the european arrest warrant, the prosecutor competent shall also transmit 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 immediately inform what is the stage of the proceeding.
  

(8) the preliminary Procedures referred to in paragraph (6) and (7) shall not preclude the taking of the measures referred to in paragraph 1. 3. (9) where the surrender of the requested person is subject to the granting of consent by another Member State or a third State, measures for the requested person occurs after receipt of the consent of the State concerned.
  

(10) the procedure laid down in this article is not published.
  


The detention of the requested person article 100 (1) the measure of detaining the person requested may be taken by the public prosecutor only after hearing it in the presence of a lawyer. The measure of arrest shall be ordered by a reasoned order and can take a maximum of 24 hours.
  

(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.
  

--------

Paragraphs 1 and 2. (2) of article 9. 100 pct was amended by article 28. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(3) the person detained shall communicate a copy of the european arrest warrant and its translation. This provision shall also apply if the competent prosecutor receives a new european arrest warrant subsequent referral to the competent court of appeal as provided in article 13. 102. (4) the person detained may ask to be încunoştinţat about the action taken a family member or other person you designate it. Both the application and încunoştinţarea shall be recorded in the minutes. Exceptionally, if the Public Prosecutor considers that this would affect the execution of the european arrest warrant had been issued against the person sought or, if aware of European arrest warrants issued against other participants in committing the offence, the Prosecutor will be able to refuse the request.
  

(5) where the requested person is a minor, the term referred to in paragraph 1. (1) shall be reduced by half. In this case, detention may be extended, if necessary, by reasoned order, not more than 8 hours.
  

(6) for the apprehension of the person requested, the competent body may enter any dwelling in which the person sought, without its consent, or the person to whom it belongs, or uses your home as well as in any legal person, without his consent of the legal representative thereof.
  


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 semnalant to confirm the 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) reject, 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.-------- 101 has been changed by pct article 29. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 102 referral to the Court of appeal for the purpose of arrest and surrender of the requested person (1) the prosecutor referred the matter to the competent court of appeal proposed making the measure of arrest of the person.
  

(2) as soon as the Court is seised of a case shall be distributed according to the law, a fully-formed from a judge in order to appreciate the taking the measure of arrest and surrender of the requested person.
  

(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.
  

— — — — — — — —-. (3) art. amended 102 of point 18 of the art. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 103 of the enforcement Procedure of the european arrest warrant (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.
  

— — — — — — —-. (1) of article 1. amended 103 of point 30 of article 1. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(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.
  

— — — — — — —-. (2) of article 9. amended 103 of point 30 of article 1. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(3) on receipt of the european arrest warrant, the judge shall notify the person applied for the rights referred to in art. 104 effects of rule, and the opportunity to consent to the surrender of the issuing judicial authority, and put them in the light of the legal consequences of consent to the surrender, particularly its irrevocability.
  

(4) if the european arrest warrant has been issued against a Romanian citizen, to enforce the punishment or safety measure involving deprivation of liberty, the judge asks the person sought if it agrees to carry out the punishment or safety measure in the issuing Member State.
  

(5) where the requested person declares that he agrees with his surrender, about its consent shall draw up a report which shall be signed by a judge, Registrar, and the person sought. The same report will mention if the requested person has renounced to rights under the rule of specialty.
  

(6) in the case referred to in paragraph 1. (5) if there is any incident of the grounds for refusal of enforcement. 98, the judge can rule by sentence, under art. 107 alike over the arrest and surrender of the requested person.
  


(7) if the person sought consents not to his surrender to the issuing judicial authority, the procedure for the execution of the european arrest warrant shall continue with the hearing of the requested person is limited to its position recorded against the existence of any of the grounds for non-enforcement of mandatory or optional, and any objections in terms of identity.
  

(8) In cases referred to in paragraph 1. (5) and (7), where the judge considers it necessary to grant a time limit for making a decision with regard to the arrest of the person requested, during the procedure of execution of the european arrest warrant ordering through a reasoned conclusion.
  

(9) the Court shall periodically verify, but no later than 30 days, if it is necessary to maintain the detention for the purpose of teaching. In this respect, the Court shall decide by means of a reasoned conclusion, taking into account the deadlines laid down in article 21. 110. (1) in all cases, with a view to teaching arrest measure may be taken only after hearing of the requested person in the presence of a lawyer. The initial duration of detention in custody may not exceed 30 days, and the total duration, up to the effective teaching to the issuing Member State, do not in any case exceed 180 days.
  

(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 by applying it properly. 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.
  

— — — — — — — —-. (11) article. 103 amended pct, article 19. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(12) if the judge considers that it is appropriate to request the relevant information or additional collateral to the issuing judicial authority, postpones the deadline for establishing a cause when it receives the requested data. Deadline may not exceed 10 days.
  

(13) After preparation of the decision referred to in article 1. 107 or the conclusion referred to in paragraph 1. (2) or (9) shall, where appropriate, the judge shall immediately issue an arrest warrant. Provisions of the code of criminal procedure with regard to the content and execution of the arrest warrant shall apply accordingly.
  

(14) the Court shall be public, except in cases where, at the request of the Prosecutor, the person requested or on its own initiative, the judge considers that it is appropriate proceedings in secret session. The Prosecutor's participation is mandatory.
  


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.
  

— — — — — — —- 101 ^ 1 was introduced by the pct, article 31. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 104 the rights of person arrested under a european arrest warrant (1) the arrested person is entitled to be informed of the contents of the european arrest warrant.
  

(2) the arrested person is entitled to be assisted by a defender chosen or appointed ex officio by the Court.
  

(3) the arrested person does not understand or speak the Romanian language has the right to use an interpreter, provided free by the Court.
  


Article 105 temporary Teaching or taking Declaration the person requested (1) If the issuing judicial authority shall require, the judge may order the temporary surrender of the person sought or proceed to the hearing of the requested person.
  

(2) where it has been granted temporary teaching is carried out in conditions and duration determined by mutual agreement between the issuing judicial authority and enforcement. In all cases the pursued person will have to return to Romania to participate in the conduct of the procedure of teaching based on the european arrest warrant.
  

(3) where there are granted temporary teaching or it is not required, judicial enforcement authority shall carry out a Romanian statements of the person requested, with the participation of the person designated by the issuing judicial authority may, where appropriate, in accordance with the law of the issuing Member State. The hearing of the requested person is made according to the provisions of the code of criminal procedure and under the conditions laid down according to the understanding between the judicial authorities involved. In all cases it must comply with the procedural rights of the person being tracked.
  


Article 106 the procedural Incidents where, during the procedure of execution of a european arrest warrant, the Constitutional Court is seised with an exception of unconstitutionality of any provision of this title, the judgment is made especially exception, no later than 45 days from the date of referral to the Constitutional Court.


Judgment of article 107 (1) in all cases the Court shall pronounce upon the execution of the european arrest warrant by sentence, with the deadlines laid down in article 21. 110. In order to take a decision, the Court shall have regard to all the circumstances of the case and the need for the execution of the european arrest warrant.
  

(2) not later than 24 hours after the final decision of the backwardness of teaching, the Court shall communicate the decision of the issuing judicial authority, the Ministry of Justice and the International Police Cooperation Centre within the General Inspectorate of the Romanian police.
  

(3) where the requested person's teaching has been postponed, whether at the time of judgment, it is times not under the power of a preventive arrest warrant or execution of the prison sentence issued by the judicial authorities, the term of arrest under article 13. 103 para. (13) it is put into force at the date of termination reasons which justified the postponement.
  

(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 concerning 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.
  

— — — — — — —-. (4) article. 107 was introduced by the pct, article 32. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 108 review (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.
  

— — — — — — — —- 108 was amended by pct article 20. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 109 of the opposition the opposition declared the Settlement conditions laid down in article 21. 108 are in particular decide not later than 3 days after the registration of the case.
— — — — — — — —- 109 was amended by the pct, article 21. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Time limits article 110 (1) european arrest warrant deciding and is running in a matter of urgency.
  


(2) in the case referred to in article 1. 103 para. (5) judgment upon the execution of the european arrest warrant must be rendered not later than within 10 days of the date of the judgment to which the requested person has expressed consent to surrender.
  

(3) In other cases, the final judgment regarding the execution of the european arrest warrant shall take a decision within 60 days from the date of arrest of the requested person.
  

(4) where, for duly justified reasons, cannot pronounce a judgment within the time limits referred to in the previous paragraphs, the Court may postpone the delivery of the 30 days, the issuing judicial authority shall be communicated to this circumstance, and the reasons for the postponement and maintaining the necessary measures for the purpose of teaching.
  

(5) When exceptional reasons, cannot be complied with the time limits provided for in this article, enforcing judicial authority will inform the Romanian Eurojust, giving the reasons for the delay.
  


Article 111 the handing over of the requested person (1) Teaching is carried out by the Centre for International Police Co-operation in the framework of the General Inspectorate of the Romanian police, with the support of the police unit within the place of detention shall, within 10 days of the final decision remained.
  

(2) If, for reasons beyond the control of the Romanian 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.
  

— — — — — — —-. (2) of article 9. 111 has been amended item 34 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(3) Repealed.
  

— — — — — — —-. (3) art. 111 was repealed by article item 35. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(4) where the maximum time limits are exceeded for teaching, without the person in question to be received by the issuing State, shall proceed to release the person being tracked, without this actually constitutes a reason for non-execution of a european arrest warrant in the future, based on the same facts.
  

(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.
  

— — — — — — —-. (5) article. 111 has been amended, article, item 36. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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.
  

— — — — — — —- amended 112 of point 37 of the art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 their temporary teaching, subject to refund.
  

— — — — — — —- 113 amended item 38 of article. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 114 the requests (1) where two or more Member States have issued a european arrest warrant in connection with the same person, the executing judicial authority shall decide on the Romanian enforcement priority, taking into account all the circumstances and, in particular, of the location and severity of the offence, the date of issue of the warrants, and the circumstance that the mandate was issued for criminal prosecution judgment, or to enforce the punishment or measure of safety. Executing judicial authority may request for Romanian, if appropriate, the opinion of Eurojust with regard to this resolution.
  

(2) in the case of competition between a european arrest warrant and a request for extradition presented by a third country, the judicial authority of the executing Romanian will decide taking into account all the circumstances and in particular those laid down at paragraph 3. (1) the Extradition Convention applicable in relation to the third country. Where will give priority to the request for extradition, it shall apply the provisions of title II.
  

(3) if it decides to be given precedence over the extradition demand, enforcing judicial authority Romanian will bring this to the attention of the authority issuing the european arrest warrant.
  

(4) where in respect of the same person before its handover, Romanian authorities receive from the competent authorities of the issuing Member State, two or more seats, the causes relating to the execution of these warrants are European arrest conexează at the first court hearing, ruling out a single judgment regarding the execution of European arrest warrants. Where teaching is permitted only for one or some of the facts, the decision expressly mentions this teaching thing, article 4. 115 applying properly.
  

(5) the provisions of this article shall be without prejudice to the obligations deriving from the status of party to the Statute of the International Criminal Court.
  


Chapter IV other provisions Article 115 of the speciality Rule (1) consent to the monitoring, prosecution, sentencing or holding of a person by the Romanian authorities for other acts previously committed its teaching on the basis of a european arrest warrant shall be presumed that it was given to those Member States which have communicated a notification in this regard to the general secretariat of the Council of the European Union If the enforcing judicial authority otherwise by way of teaching.
  

(2) except in the cases referred to in paragraph 1. (1) and (4), the person is handed over to Romanian authorities will not be able to be traced, or deprived of freedom for a previous offence other than teaching if the enforcing Member State a agrees. For this purpose, the judicial authority issuing Romanian judicial authority shall submit an application for authorization execution, accompanied by the information referred to in article 1. 86 para. (1) and (3) in relation to Member States other than those referred to in paragraph 1. (1) the consent of the Romanian judicial authority of enforcement is necessary. To this end, the competent judge shall decide, by concluding final, time in the Council Chamber, without summoning the parties, no later than 30 days after receipt of the request, without prejudice to the guarantees referred to in art. 97. (4) the provisions of the preceding paragraphs shall not apply when there is any of the following circumstances: a) when the person being tracked has expressly waived in judicial execution authority to the rule before the specialty of teaching;
  

b) when the pursued person has given up, after surrender, to resort to the rule of specialty in relation to certain crimes of his previous teaching. Declaration of waiver of the rule of specialty is given in front of the competent judicial authority of the issuing Member State, the addresses shall report in accordance with its national law. The pursued person has the right to be assisted by a lawyer. Surrender to the rule of speciality should be voluntary and with full knowledge of its consequences;
  

c) when, having the possibility to leave the territory of the Member State to which he has been surrendered, has not done so within 45 days of his final release for free or returned to that territory after leaving it;
  

d) when the offence is not penalised with a penalty involving deprivation of liberty;
  


e at the end) when the criminal trial does not apply a penalty involving deprivation of liberty or a safety measure.
  


Article 116 (1) Transit Transit Romania's territory of a person in order to execute the european arrest warrant shall be granted at the request of the issuing State, which must provide the following information: a) the existence of a european arrest warrant;
  

(b) the identity and nationality of the person) which is the subject of the mandate;
  

(c) the legal classification of the offence);
  

(d) a description of the circumstances in which) the offence was committed, including the date and place.
  

(2) the application and the information specified in paragraph 2. (1) need not be submitted if the air transit without stopover, unless that would produce a forced landing.
  

(3) the application and the information on the transit shall be transmitted to the Ministry of Justice, it shall submit, without delay, the Court of appeal.
  

(4) the Bucharest Court of appeal, in fully-formed of 2 judges of the Criminal Division, is a decision on the request for transit is received in its day, by closing time in the boardroom.
  

(5) the conclusion shall be final and shall be communicated immediately to the Ministry of Justice, which shall immediately inform the issuing State.
  

(6) if the person who is the subject of the mandate of the european nationality of Romanian, transit is not granted unless it is satisfied the condition specified in article 13. 97 para. (2) article 117 (1) Teaching subsequent consent to handing over by the Romanian State to another Member State of a requested person on the basis of a european arrest warrant for other acts committed previously presumed his teaching was given by those Member States which have communicated a notification in this regard to the general secretariat of the Council of the European Union If the enforcing judicial authority otherwise by way of teaching.
  

(2) in any case, the consent of the Romanian judicial authority of enforcement to teaching of the person requested by the issuing Member State by another State is not necessary if the person requested: a) having the opportunity to leave the territory of the State to which he has been surrendered, has not done so within 45 days of his final release for free or returned to that territory after leaving it;
  

b) consented to be surrendered to a Member State other than the State of enforcement, under a european arrest warrant. Consent shall be given in front of the competent judicial authority of the issuing Member State and shall be recorded in minutes drawn up in accordance with national law. The pursued person has the right to be assisted by a lawyer. Consent must be expressed freely and with full knowledge of its consequences;
  

c) waives the rule of specialty, in accordance with the provisions of art. 115 paragraph 1. (3) and (4) (a). a)-(c)).
  

(3) in the cases not covered by paragraph 1. (1) and (2) it is necessary to approve the Romanian judicial authority, which is required in accordance with article 4. 89, enclosing the application information. 86 para. (1), accompanied by a translation.
  

(4) in relation to Member States other than those referred to in paragraph 1. (1) the consent of the Romanian judicial authority for execution by the teaching of the person requested a third State is required. To this end, the competent judge shall decide, by concluding final, time in the Council Chamber, without summoning the parties, no later than 30 days after receipt of the request, without prejudice to the guarantees referred to in art. 97. Paragraph (5). (1) to (4) apply properly and where Romania is a Member State issue.
  


Article 118 Handing a further extraditions (1) where the pursued person has been extradited in Romania from a third State to which it was protected by the provisions of the agreement under which he was extradited concerning speciality rule, Romanian judicial authority of enforcement will require the authorisation of the State which extradited her to be handed over to the issuing State. The time limits laid down in article 21. 110 will begin to run from the date on which the specialty rule shall cease to apply.
  

(2) while the application for authorisation, settles Court Romanian enforcement will continue to provide the necessary material conditions for an effective teaching.
  


Subsequent Extradition article 119 (1) Extradition of a person who has been taught in Romania under a european arrest warrant, requested by the State which is not a member of the European Union, shall be permissible without the consent of the executing judicial authority which approved the handover.
  

(2) where the Romanian judicial authorities have granted teaching a person of another Member State of the European Union, on the basis of a european arrest warrant, the issuing judicial authority shall request consent to extradite the person being tracked by a third party which is not a Member State of the European Union, consent will be granted in accordance with bilateral or multilateral instruments to which Romania is a party taking into account the request for extradition.
  


Immunities and privileges of article 120 (1) where the person referred to in the european arrest warrant shall enjoy immunity in Romania, enforcing judicial authority will require the competent authority without delay the lifting of this privilege.
  

(2) where the waiver of immunity is a matter for another State or an international organization, the application will be made by the judicial authority which issued the european arrest warrant. Executing judicial authority will communicate this to the issuing judicial authority.
  

(3) while the application for withdrawal of immunity referred to in paragraph 1. (2) is pending, executing judicial authority shall take such measures as it considers necessary to ensure effective teaching when the person has ceased to enjoy the privilege of immunity.
  

(4) the time limits laid down in article 21. 110 start to run from the date when executing judicial authority was informed of the lifting or the withdrawal of immunity.
  

(5) where the person referred to in the european arrest warrant arrived in Romania, following extradition from a third country which is not a member of the European Union, and the teaching is confined to the offence for which it is granted, the time limits referred to in paragraph 1. (4) start to run from the moment the State authorities who extradited person pursued their agreement that the rule of speciality should remain without effect, and the person can be handed over to the State issuing the european mandate. Until the decision, the judicial authority of enforcement will take the measures necessary to carry out the handover, if applicable.
  


Article 121 other legal instruments dealing with the Conditions, requirements and procedure for issuance and execution of the european arrest warrant shall be those laid down in this law, except as otherwise provided in the bilateral or multilateral conventions to which Romania is a party, as it simplifies or facilitating the teaching procedure, in accordance with the provisions of paragraph 2 of article 4. 31 of the framework decision nr. 2002/584/JHA of the Council of the European Union of 13 June 2002 on the european arrest warrant and the surrender procedures between Member States.


Transitional provisions article 122 (1) the provisions of this title shall apply to European arrest warrants received by Romanian authorities subsequently its entry into force, even if it relates to facts earlier.
  

(2) extradition Proceedings pending at the time of entry into force of this title will continue to settle according to title II.
  


Title IV transfer of proceedings in criminal matters chapter I application for transfer of criminal proceedings 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: a) 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 response to a request sent by a foreign authority and 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.
  

— — — — — — —- 123 was amended by point 39 of article. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 requested foreign State serves the 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.
  

— — — — — — —- 124 amended by point 40 of the art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Procedure article 125 (1) the transfer of criminal proceedings is requested by the decision of the Court to which it would return to the jurisdiction of the Court of first instance, cause if the procedure relates to the work of the prosecution or the Court as the cause, if the procedure relates to the work of the Court.
  

(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 compulsory.
  

— — — — — — —-. (2) of article 9. 125 was changed from point of article 41. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(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.
  

— — — — — — — —-. (3) art. 125 was changed from point 22 of article. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(4) the conclusion of the ordering procedure, transfer remaining final, shall suspend the period of limitation for criminal liability, as well as the continuation of criminal proceedings commenced, subject to laws and arrangements with urgent character.
  

(5) the application shall be formulated by the Prosecutor who conducts or supervises the prosecution or by the Court, as appropriate, and shall be transmitted to the Prosecutor's Office attached to the High Court of Cassation and justice or the Ministry of Justice, according to art. 10, accompanied by certified copies of by a competent magistrate English of all procedural acts, unless the foreign State requesting the transmission of the original dossier.
  

(6) where the requested State is not sent, the original dossier archive. If the original, forward a certified copy of the records shall be kept in the archive. Original refund shall be required where the prosecution is not times judgment of the requested State.
  


Article 126 the transmission of the request the Ministry of Justice or the public prosecutor's Office attached to the High Court of Cassation and justice shall, as appropriate, shall ensure that the transmission of the request for transfer of criminal proceedings in one of the ways provided for in this law.


Article 127 the effects application for one (1) criminal proceedings 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.
  

--------

Art. 127 was amended by article item 42. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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.
  

— — — — — — —- 125 ^ 1 was introduced by the pct. of article 43. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Chapter II initiation of criminal proceedings or taking over at the request of a foreign State — — — — — — — — Name of chapter II of title IV of the amended article item 44. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Application of article 128 of the criminal proceedings (1) Any request for taking charge of penal procedure made by a foreign State prosecutors or courts shall be submitted to the Romanian, where appropriate, the Ministry of Justice or the Prosecutor's Office attached to the High Court of Cassation and justice.
  

(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 offence was committed abroad, 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.
  

— — — — — — —-. (2) of article 9. 128 was modified by item 45 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(3) the competent prosecutor or attorney general designated by it features on the track data in demand under the provisions of the code of criminal procedure.
  

(4) the application of the judgment shall be sent to the Ministry of Justice's Office of the court having jurisdiction to hear and determine an appeal. The Attorney general referred the matter to the competent court of appeal proposed for acceptance or rejection of the application.
  

(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 of delivery.
  

— — — — — — — —-. (5) article. 128 was modified by pct article 23. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(6) where the application was deemed admissible, the judgment continues according to the provisions of the code of criminal procedure.
  

(7) ARO to the High Court of Cassation and justice or the Ministry of Justice informs the requesting State authorities with regard to the admission or rejection of the request for transfer of criminal proceedings.
  


Article 128 ^ 1 opening the criminal referral to a foreign State authorities (1) referral 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.
  

— — — — — — —- 128 ^ 1 was introduced by the pct. of article 46. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 128 ^ 2 rejection of the application of retrieval or initiation of criminal proceedings (1) the request of the foreign state takeover or the 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 foreign state takeover or the 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.
  

— — — — — — —- 128 ^ 2 was introduced by the pct. of article 46. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 foreign State agrees.
  

(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 concerned of the criminal law.
  

— — — — — — —- 128 ^ 3 was introduced by the pct. of article 46. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Chapter III Provisions for implementation of the Convention of 19 June 1990 implementing the Schengen agreement of 14 June 1985 on the gradual abolition of checks at their common borders, Schengen Article 129 application of the principle ne bis in idem (1) a person in respect of whom a final judgement in the territory of a Member State of the Schengen area cannot be traced or sue for the same acts if in the event of a conviction, judgment has been enforced, is being enforced or can no longer be executed under the law of the State which has rejected the condemnation.
  

(2) However, the provisions of paragraphs 1 and 2. (1) does not apply if: (a) the facts covered by the judgment) foreign were 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 a foreign judgment facts constitute an offence against national security or other essential interests of Romania;
  

c) foreign judgment referred to in deeds were committed by an official through the breach of its Romanian service.
  

— — — — — — — —-. (2) of article 9. 129 was amended by paragraph 24 of article. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(3) the exceptions referred to in paragraph 1. (2) does not apply when, for the same facts, the Member State concerned has asked the criminal takeover or has granted extradition of the person concerned.
  


Title V

Recognition and enforcement of judgments, the criminal laws and ordinances in relation to non-member countries — — — — — — —-title V was modified by point 47 of the art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Chapter I General provisions — — — — — — — —, chapter I of title V was modified by point 47 of the art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 court decisions and criminal Ordinances, 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) foreign criminal 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. 90/99, approved by law No. 35/2000 laid down in the treaties, or bilateral agreements which the Romania-based times established reciprocity;
  

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

— — — — — — —- 130 amended item 47 of the art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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;
(ii) statutory provisions 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 foreigner who benefits 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;
(ii) to require the Declaration of the person convicted, unless it is located on the territory of Romania;
(iii) where the person convicted is located on the territory of Romania and the foreign 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 their residence the person convicted abroad, in order to establish 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;
(ii) the date on which 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 a foreign criminal, 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;
(ii) statutory provisions 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;
(ii) the 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 abroad, inform the specialized Directorate within the Ministry of Justice: (i) with regard to the ownership regime for executing established and action taken, if applicable;
(ii) where 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 extraordinary path of prosecution 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 sentenced persons abroad;
  

b) taking over from abroad, under escort, to convicted persons, previously transferred, against which it was bringing in Romania willing to participate in trials in extraordinary path 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.
  

— — — — — — —- 131 amended item 47 of the art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 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;
  

— — — — — — — —-Lit. h) of art. 132 amended by pct article 25. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

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.
  

— — — — — — —- 132 amended by point 47 of the art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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.
  

— — — — — — —- 133 was modified by point 47 of the art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Chapter II recognition and enforcement of foreign judgments--------chapter II, title V has been modified, article, item 47. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 — — — — — — —-section 1, chapter II. The title V was introduced by the pct. of article 47. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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) convicted criminal in Romania for the same crimes for which the foreign judgment was rendered;
  

(c) the person is investigated) convicted criminal in Romania for crimes other than those for which the foreign judgment was rendered;
  

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.
  

— — — — — — —- 134 has been modified by point 47 of the art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 foreign judgment, other than a contract 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 foreign judgment.
  

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

b) where the nature or duration of the penalty imposed by the foreign court 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 a foreign court, pursuant to paragraph 1. (7) and (8) or when adaptation is not possible, (ii) 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, 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 a foreign court shall consist in reducing 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 (ii), the establishment and application of the punishment 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 foreign judgment and at the same time: (i) won't change a sentence involving deprivation of liberty in the pecuniary punishment;
(ii) 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), point (ii) shall 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 adjusted by the Romanian Court punishment according to para. (7) and (8).
  

(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 compulsory.
  

— — — — — — — —-. (11) article. 135 was amended point 26 of article. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(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 sentence to life imprisonment or imprisonment, the issuing State shall: (a) transfer) 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.
  

— — — — — — —- 135 was amended by point 47 of the art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 136 Conditions for recognition and enforcement of foreign judgment


(1) a foreign judgment may 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) the foreign judgment shall not be recognised 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 a foreign judgment has been given, 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 the foreign 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 abroad. 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 abroad, instead of refusing 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) the foreign judgment shall not be recognised 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.
  

— — — — — — —- 136 was amended by point 47 of the art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Section 2 of the recognition and enforcement of foreign judgments, where the convicted person is in Romania — — — — — — —-section 2, chapter II. The title V was introduced by the pct. of article 47. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 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 foreign court or remainder is left to run for at least one year imprisonment.
  

(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 pre-trial detention or arrest at home has reached a length of prison sentence applied abroad; or — — — — — — — —-Lit. b) of paragraph 2. (6) article. amended 137 of point 27 of article 4. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

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 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 compulsory.
  

— — — — — — — —-. (8) article. 137 was amended by the pct, article 28. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.
— — — — — — —- 137 was amended by point 47 of the art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 138 notification of judgement and convicted person appeal (1) where a foreign judgment has been given in 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 challenge the foreign judgment and to file notice of opposition in that 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.
  

— — — — — — —- 138 was modified by point 47 of the art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Chapter III special procedures for recognition and enforcement — — — — — — — — Chapter III was introduced by the pct. of article 47. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 139 the recognition and implementation of execution of criminal law penalties 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 foreign State or 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 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.
  

— — — — — — — —-. (3) art. 139 was modified by pct article 29. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(4) the execution of decăderilor, and other criminal provisions from the judgment or order foreign criminal occurs 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 foreign 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.
  

— — — — — — —- 139 has been modified by the point of article 47. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 the issuing foreign State 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 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.
  

— — — — — — — —-. (5) article. 140 has been modified by pct article 30. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(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) and (7) when applying for the forfeiture of a sum 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.
  

— — — — — — —- 140 has been modified by the point of article 47. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 foreign 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. Foreign judicial act may give, the effect of recognition, a conclusive force greater than that which it has in the issuing State.
  

— — — — — — —- 140 ^ 1 was introduced by the pct. of article 47. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Chapter IV recognition and enforcement of judgments and other procedural documents issued by the Romanian judicial authorities — — — — — — — — Chapter IV, title V was introduced by the pct. of article 47. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Section 1 Transfer from Romania in other States of the convicted persons in the execution, detention, punishment or measure involving deprivation of freedom — — — — — — —-section 1, chapter II. IV, title V was introduced by the pct. of article 47. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 140 ^ 2 terms and conditions for transferring the State of execution 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 living in 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 the unit leadership What is admitted initiating the transfer to the State of enforcement.
  

(2) where the person convicted has multiple citizenship, one of which is the Romanian State, foreign citizenship will be considered to be dominant only if the foreign State is the State in 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.
  

— — — — — — —- 140 ^ 2 was introduced by the pct. of article 47. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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.
  

— — — — — — —- 140 ^ 3 was introduced by the pct. of article 47. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 (ii) the 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.
  

— — — — — — —- 140 ^ 4 was introduced by the pct. of article 47. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 — — — — — — —-section 2, chapter II. IV, title V was introduced by the pct. of article 47. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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: a) the habitual residence of the person convicted in the other 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 Ministry of Justice to request the foreign 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.
  

— — — — — — —- 140 ^ 5 was introduced by the pct. of article 47. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 the foreign State, or in his absence, on a reciprocal basis, when in consultation with the executing state it is found that this condition is met.
— — — — — — —- 140 ^ 6 was introduced by the pct. of article 47. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 — — — — — — — — 6TH amended Title of point 48 of article 1. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Chapter I General provisions — — — — — — — —, chapter I, title VI was modified by point 48 of article 1. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


The scope of article 141 (1) of this title shall apply in relation to the EU Member States 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.
  

--------

Art. 141 has been modified by the point of article 48. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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.
  

— — — — — — —- 142 has been modified by the point of article 48. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 to settle outstanding appeals path ensures 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;
(ii) where 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.
  

— — — — — — —- 143 was amended by point 48 of article 1. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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.
  

— — — — — — —- 144 amended point 48 of article 1. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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.
  

— — — — — — —- 145 was modified by item of article 48. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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.
  

— — — — — — —- 146 was amended by point 48 of article 1. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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: (a)) and certificate are withdrawn 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.
  

— — — — — — —- 147 amended item 48 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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.
  

— — — — — — —- 148 was amended by article 48, item. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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.
  

— — — — — — —- 149 was modified by item of article 48. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 — — — — — — — —, chapter II, title VI was modified by point 48 of article 1. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Section 1 common provisions — — — — — — —-section 1, chapter II. The title of the 6TH amended by point 48 of article 1. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


General Conditions of article 150 court decisions 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, provided that they are capable of producing legal effects according to the criminal law and not contrary to public policy of the State.
— — — — — — —- 150 was modified by item of article 48. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 a foreign judgment has been given, 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 the foreign 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 (ii) 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, as a result of the resolution of the appeal, 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 abroad. 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).
  

--------
Art. 151 was modified by item 48 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 152 the tasks the Ministry of Justice Ministry of Justice, 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;
(ii) 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.
  

— — — — — — —- has been amended 152 point 48 of article 1. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 — — — — — — —-section 2, chapter II. The title of the 6TH amended by point 48 of article 1. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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), point (ii)-(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.
  

— — — — — — —- 153 has been modified by the point of article 48. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 foreign judgment, checks 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 foreign court 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, 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 compulsory.
  

— — — — — — — —-. (11) article. 154 was amended by the pct, article 31. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(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.
  

— — — — — — —- 154 was amended by article 48, item. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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: (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, 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.
  

— — — — — — —- 155 was modified by item of article 48. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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. — — — — — — —- 156 was changed from point 48 of article 1. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 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) left the condemned person 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.
  

— — — — — — —- 157 amended item 48 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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).
  

--------
Art. 158 was modified by item 48 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Section 3 of the recognition and enforcement of judgments given in other Member States of the European Union, where the convicted person is in Romania — — — — — — —-section 3, chapter II. The title of the 6TH amended by point 48 of article 1. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 159 (1) Measures leading up to 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), point (ii)-(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.
  

— — — — — — —- 159 was amended by point 48 of article 1. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 the foreign 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 has attained the length of prison sentence applied abroad. 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 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 compulsory.
  

— — — — — — — —-. (7) article. 160 was amended by article item 32. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(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.
  

— — — — — — —- 160 was amended by point 48 of article 1. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 foreign court or remainder is left to run for at least one year imprisonment.
  

(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 has attained the length of prison sentence applied abroad; 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.
  

— — — — — — —- 161 amended point 48 of article 1. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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;
(ii) 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). a), point (ii), lit. b) and (c)), the issuing State shall communicate to the rest of the punishment remained unfulfilled.
  

— — — — — — —- 162 has been modified by the point of article 48. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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.
  

— — — — — — —- 163 was amended by point 48 of article 1. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Chapter III recognition and enforcement in another member state of the European Union, Romanian judgments by which have been applied to the custodial-— — — — — — — — — chapter III, title VI was introduced by point 48 of article 1. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 — — — — — — —-section 1, chapter II. III, title VI was introduced by point 48 of article 1. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 164 Ministry of Justice Powers if transferring from Romania in another Member State of the European Union of a convicted person in 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.
  

— — — — — — —- 164 was modified by item 48 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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.
  

— — — — — — —- 165 was modified by item 48 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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.
  

— — — — — — —- 166 was modified by item 48 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 (ii) 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) 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 an appeal, it 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.
  

— — — — — — —- 167 amended point 48 of article 1. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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.
  

— — — — — — —- 168 was amended by point 48 of article 1. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 — — — — — — —-section 2, chapter II. III, title VI was introduced by point 48 of article 1. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 169 Conditions for transmission of 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 (ii) was expelled in the 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.
  

— — — — — — —- 169 was amended by point 48 of article 1. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 his 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 (ii) the person convicted, 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 an appeal, it 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.
  

— — — — — — —- 170 has been modified by the point of article 48. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 — — — — — — — —-title VI ^ 1 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 imprisonment — — — — — — —-head. I, title VI ^ 1 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Section 1 General provisions--section 1, chapter II. I, title VI ^ 1 has been introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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:
  


the 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 in a criminal trial;
  

b) requirement not to enter certain localities, places in 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.
  

— — — — — — —- 170 ^ 1 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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.
  

— — — — — — —- 170 ^ 2 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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.
  

— — — — — — —- 170 ^ 3 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Section 2 of the supervision by the authorities of the other Member States of the European Union to comply with the obligations laid down by the Romanian judicial organs — — — — — — —-section 2, chapter II. I, title VI ^ 1 has been introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 170 ^ 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 non-custodial preventive measures, the competent 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.
  

— — — — — — —- 170 ^ 4 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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.
  

— — — — — — —- 170 ^ 5 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 establishes that the foreign 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.
  

— — — — — — —- 170 ^ 6 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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.
  

— — — — — — —- 170 ^ 7 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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.
  

— — — — — — —- 170 ^ 8 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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.
  

— — — — — — —- 170 ^ 9 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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.
  

— — — — — — —- 170 ^ 10 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 — — — — — — —-section 3, chapter II. I, title VI ^ 1 has been introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 170 ^ 11 Romanian 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;
(ii) 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.
  

— — — — — — —- 170 ^ 11 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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.
  

— — — — — — —- 170 ^ 12 was introduced by the pct. of article 49. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 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 forthwith in respect of the complaint made.
  

— — — — — — — —-. (4) article. 170 ^ 13 has been amended item 33 of art. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(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.
  

— — — — — — —- 170 ^ 13 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 within call 5 days from delivery times from communicating, as appropriate, by the person supervised 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.
  

— — — — — — — —-. (4) article. 170 ^ 14 has been amended item 34 of art. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(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.
  

---------

Paragraphs 1 and 2. (5) article. 170 ^ 14 has been amended item 34 of art. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(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.
  

— — — — — — — —-. (6) article. 170 ^ 14 has been amended item 34 of art. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.
— — — — — — —- 170 ^ 14 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 appeal referred to in art. 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.
  

— — — — — — —- 170 ^ 15 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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).
  

--------
Art. 170 ^ 16 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 — — — — — — — — — — — — —-head. The title VI ^ 1 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Section 1 General provisions--section 1, chapter II. The title VI ^ 1 has been introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 the recognition of 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;
(ii) deferred 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.
  

--------

Art. 170 ^ 17 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 offence by the person convicted by the foreign judgment, the crime that could draw a revocation or cancellation penalty handed down by a foreign court.
  

(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.
  

— — — — — — —- 170 ^ 18 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 — — — — — — —-section 2, chapter II. The title VI ^ 1 has been introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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, provided that they 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 corresponding foreign judgment in Romanian law were 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 (ii) 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.
  

— — — — — — —- 170 ^ 19 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 certain localities, places in 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 submit information which is by nature can be controlled the means of livelihood of the person convicted.
  

— — — — — — —- 170 ^ 20 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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: a) the person was sentenced in Romania for the same deed. Where a foreign judgment has been given for other facts, 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 foreign 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 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: (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 (ii) 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, as a result of the resolution of the appeal, 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;

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.
  

--------

Art. 170 ^ 21 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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.
  

— — — — — — —- 170 ^ 22 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 (ii) 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.
  

— — — — — — —- 170 ^ 23 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 dezînvesteşte by sentence final documents received and return the issuing State.
  

— — — — — — —- 170 ^ 24 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 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.
  

— — — — — — — —-. (4) article. 170 ^ 25 has been amended, article, item 35. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(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.
  

— — — — — — — —-. (5) article. 170 ^ 25 has been amended, article, item 35. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(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.
  

— — — — — — —- 170 ^ 25 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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) and (2) the period referred to in paragraph 1. (1) may be exceeded by not more than 60 days if: (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;
(ii) 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 (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.
  

— — — — — — —- 170 ^ 26 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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).
  

--------
Art. 170 ^ 27 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 a foreign court for the crime committed does not meet or exceed the amount of the maximum limit of overall 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.
  

— — — — — — —- 170 ^ 28 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 foreign can run in Romania prior to 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.
  

— — — — — — —- 170 ^ 29 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 foreign judgment is enforcing 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.
  

— — — — — — —- 170 ^ 30 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 foreign judgment 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 recognised foreign express references to the penalty of 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.
  

— — — — — — —- 170 ^ 31 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 the foreign judgment be recognised relate 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 not recognized foreign express references to the penalty of 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.
  

— — — — — — —- 170 ^ 32 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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.
  

— — — — — — —- 170 ^ 33 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 judgment by which it was recognised the foreign judgment; the probation service is responsible for surveillance and information on enforcement of the probation measures.
  

— — — — — — —- 170 ^ 34 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 — — — — — — —-section 3, chapter II. The title VI ^ 1 has been introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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: a) by judgment the Court has ordered one of the following penalties: (i) suspension of sentence under supervision under article. 91 of the penal code;
(ii) stage of training, monitoring, civic duty at weekends, assisting in daily basis. 115 of the penal code;
— — — — — — — —-Lit. of paragraphs 1 to 5). (1) of article 1. 170 ^ 35 amended by point 36 of the art. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

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 (ii) 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 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 supervisors;
  

— — — — — — — —-Lit. g) of paragraph 1. (1) of article 1. 170 ^ 35 amended by point 36 of the art. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

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.
  

— — — — — — —- 170 ^ 35 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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.
  

— — — — — — —- 170 ^ 36 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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.
  

— — — — — — —- 170 ^ 37 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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.
  

— — — — — — —- 170 ^ 38 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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.
  

— — — — — — —- 170 ^ 39 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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.
  

— — — — — — —- 170 ^ 40 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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.
  

— — — — — — —- 170 ^ 41 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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.
  

--------

Art. 170 ^ 42 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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.
  

— — — — — — —- 170 ^ 43 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 towards whom he ordered 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.
  

— — — — — — — —-. (2) of article 9. 170 ^ 44 amended item 37 of article. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.
— — — — — — —- 170 ^ 44 was introduced by point 49 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Title VII legal assistance in criminal matters chapter I International Judicial Assistance Article 171 subject to judicial assistance for the purposes of this chapter, international legal assistance shall include in particular the following activities: a) international rogatory;
  

b) hearings by videoconference;
  

c) appearance in the requesting State witnesses, experts and persons sought;
  

d) documents shall be drawn up procedure times are submitted in a criminal trial;
  

e) criminal record;
  

f) other forms of judicial assistance.
  


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.
  

— — — — — — — —- 172 was amended item 38 of article. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 173 the Commission rogatorie Commission rogatorie international international criminal matters is that form of judicial assistance, which consists in the empowerment that a judicial authority of a State given by an authority of another State, mandated to perform, in place and in its name, some judicial activities concerning a particular criminal trial.


Article 174 the Commission Object rogatorii (1) the subject-matter of the application of rogatory shall in particular: a) 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;
  

— — — — — — — —-Lit. of paragraphs 1 to 5). (1) of article 1. 174 amended by point 39 of article. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

b) sample material means;
  

(c) communication of documents or) folders.
  

(2) If the requesting State desires witnesses or experts to take an oath, he will ask for it explicitly, and the Romanian State will grant such requests in cases where national law does not oppose the Romanian.
  

(3) the Romanian State will only transmit certified copies or photocopies of required documents or folders. If the requesting State expressly requires the transmission of original documents, it will comply as far as possible, any such request.
  


Article 175 the Commission date and place of rogatorii (1) If the requesting State expressly requests the Romanian State shall inform the Commission of the date and place of carrying out rogatorii. Authorities and individuals concerned, mentioned by the requesting State will be able to assist and collaborate in the conduct of the Commission rogatorii, within the limits allowed by Romanian law.
  

(2) the provisions of paragraphs 1 and 2. (1) apply properly and where assistance is requested by the judicial authorities.
  


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.
  

— — — — — — —- 176 amended item 50 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 177 Remission objects and folders (1) the Romanian State will be able to defer your submission, folders, or documents whose communication is required, if they are needed for a criminal case pending.
  

(2) the objects and documents and dossiers of the originals, in fulfilment of a rogatory shall be returned as soon as possible of the Romanian State by the requesting State, unless the State in which they renounced.
  


Article 178 through videoconference Hearings (1) where a person is in the territory of Romania shall be heard as a witness or expert by the judicial authorities of a foreign State and is inappropriate or impossible for that person to portray personal territory of that State, the foreign State may request that the hearing take place by videoconference According to the following paragraphs.
  

(2) such a request may be accepted by the Romanian State if not contrary to fundamental principles of its law and on condition that the technical means to conduct the hearing by videoconference.
  

(3) In an application for a hearing by videoconference shall specify, in addition to the information referred to in article 1. 172, reason why it is not appropriate or is it impossible that the witness or expert be present personally at the hearing, as well as the name of the judicial authority and the names of those who will proceed to the hearing.
  

(4) the witness or expert will be summoned according to the law.
  

(5) 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 proceedings.
  

— — — — — — —-. (5) article. 178 was amended by article 51, item. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(6) the hearing by videoconference shall be carried out according to the following rules: a) the hearing shall take place in the presence of judge or Prosecutor of the competent Romanian, where appropriate, assisted, if necessary, an interpreter; It verifies the identity of the person examined, and shall ensure compliance with the fundamental principles of law. If it finds that they are violated fundamental principles of English law, the judge or the Prosecutor shall immediately take the measures necessary to ensure that the conduct of the hearing in accordance with Romanian law;
  

b the competent Romanian judicial authorities) and those of the requesting State agree, where appropriate, of any measures for the protection of the witness or expert;
  

c) hearing shall be conducted directly by the competent judicial authority of the requesting State or under their direction, according to its internal law;
  

d) witness or expert will be assisted, where necessary, an interpreter, according to the Romanian law;
  

e) person called as a witness or expert may invoke the right to not testify, which was awarded to be Romanian law, either by the law of the requested State.
  

(7) Without prejudice to any measures agreed for the protection of witnesses, the Romanian judicial authority shall draw up a report in which it shall record the date and place of the hearing, the identity of the person heard, the information on oath and the technical conditions under which the hearing took place. The minutes shall be forwarded to the competent judicial authority of the requesting State.
  

(8) the provisions of the code of penal procedure shall apply accordingly.
  

(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.
  

— — — — — — — —-. (9) article. 178 was amended by point 40 of the art. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(10) the expenses related to liaise video, those related to the provision of this link in the requesting State, the remuneration of interpreters and witnesses and experts paid allowances, and travel expenses in the requested State shall be refunded by the requesting foreign State of the Romanian State, if the latter has not waived the repayment of these expenses in full or in part.
  

(11) in the statements of the suspect or the accused, the other parties to the criminal proceedings or the wizard, who is abroad, 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.
  

— — — — — — — —-. (11) article. 178 was amended by point 40 of the art. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 179 the spontaneous Transmission of information (1) the Romanian judicial Authorities may, without prior request, transmit to the competent authorities of a foreign State, information obtained in an investigation, when you consider that they could help the recipient State to initiate a criminal case, or when the information is likely to lead to the formulation of a request for judicial assistance.
  

(2) the State may impose certain conditions concerning the use of information transmitted under the provisions of paragraph 1. 1. The State is obliged to respect the recipient's requirements.
  


Article 180 supervised Deliveries (1) the competent Romanian judicial authorities shall authorize, upon request, under the conditions provided for in the Romanian law, supervised deliveries in criminal proceedings concerning offences which could give place to extradition.
  

(2) Deliveries are carried out according to the law supervised.
  

(3) the provisions of this article shall be applied properly and where assistance is requested by the judicial authorities.
  


Article 181 Using undercover investigators (1) the Romanian State may agree with a foreign 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.
  

— — — — — — — —- 181 has been modified by the point of article 41. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 182 joint investigation teams (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.
  

— — — — — — —-. (1) of article 1. 182 amended item 52 of article. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(2) a joint investigation team may be created, in particular when:
  


a) in proceedings pending in the requesting State shall require difficult investigations entailing important human means and otherwise, which relate to both countries;
  

b) more States conduct inquiries requiring a coordinated and concerted action in the States concerned.
  

(3) the request for the formation of a joint investigation team may be made by any State involved. The team is formed in one of the States in which the investigation must be carried out.
  

(4) the request for the formation of a joint investigation team shall include proposals relating to the composition of the team.
  

(5) the members of the joint team appointed by the Romanian authorities have quality members, while those appointed by a foreign State have quality members posted.
  

(6) the activity of the joint investigation team on the territory of the Romanian State is carried out according to the following rules: a) leader of the team shall be a representative of the competent Romanian judicial authority;
  

b) action team takes place under Romanian law. Members of the team and team members seconded performs its tasks under the responsibility of the person referred to. a). (7) in addition to detach members of the joint investigation team shall be entitled to be present at the performance of procedural acts, unless the leader of the team decides otherwise.
  

(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 Romanian law.
  

— — — — — — —-. (8) article. 182 amended item 52 of article. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(9) a member who is posted in addition to the joint investigation team may, in accordance with its national law and within the limits of its competence, provide the team with the information are available to state whom he seconded for the purpose of conducting criminal investigations conducted by the team.
  

(10) the information obtained in the usual way by a member or seconded member within participating in a joint investigation team and which cannot be obtained in any other way by the competent authorities of the States concerned may be used for the following purposes: (a) for the purpose for which) was established as a team;
  

b) to discover, investigate or prosecute other crimes, with the consent of the State in which the information was obtained;
  

c) to prevent an imminent and serious danger to public security and in compliance with the provisions referred to in subparagraph (a). b);
  

d) for other purposes, provided that this must be agreed upon by the States that formed the team.
  

(11) in the case of joint investigation teams which operate on the territory of Romania, members seconded members of the team are to be considered stubs in relation to offences committed against them or by them.
  


Cross-border Supervision article 183 (1) subject to the existence of contrary provisions in the Convention applicable in relation to that State, of a foreign State, which, in the context of a judicial investigation, supervise the territory of that State a person is presumed to have participated in committing a crime which gives place to extradition or a person against whom there are serious reasons to believe that can lead to the identification or location of the person mentioned above , shall be authorised to continue their surveillance in the territory of the Romanian State, on the basis of an application for legal aid submitted in advance. Upon request, supervision can be exercised by the competent Romanian authorities.
  

(2) the application for legal aid provided for in paragraph 1. (1) will be sent to the Prosecutor's Office attached to the High Court of Cassation and justice, and shall provide all relevant information, in accordance with the provisions of the applicable Convention. Prosecutor's authorization through the High Court of Cassation and justice will be able to set certain conditions.
  

(3) where, for reasons of urgency, the prior authorization of the Romanian State cannot be required, foreign agencies acting under judicial investigation contained in the phase of criminal investigation shall be authorised to continue their surveillance in the territory of Romania that a person suspected of having committed one of the acts listed in paragraph 1. (5) in the following terms: a) crossing the border will be notified immediately, during the surveillance, the Prosecutor's Office attached to the High Court of Cassation and justice, as well as border police structure formed within the frontier crossing point;
  

b) a request for legal assistance in accordance with paragraph 1. (1) and the statement of grounds justifying the crossing without prior authorization will be returned without delay.
  

(4) the supervision referred to in paragraph 1. (1) and (2) cannot be run in the following conditions than the supervisory agencies) must comply with the provisions of this article and of the Romanian law;
  

b) subject to the situations covered by paragraph 1. (3) during the surveillance, agents have on their a document stating that it has been granted permission;
  

c) surveillance agencies shall be permanently unable to justify their official capacity;
  

(d) the supervisory agencies) may bear the arms of equipment during the surveillance, unless the Prosecutor's authorization through the High Court of Cassation and justice of otherwise; its use is prohibited, except in cases of legitimate self-defence;
  

e) a person access to his/her place of residence and other places not accessible to the public is prohibited;
  

f) surveillance agencies can neither retain nor arrest the person under surveillance;
  

g) about any surveillance operation will draw up a report to the public prosecutor's Office attached to the High Court of Cassation and justice, which will require in-person presentation including agents who conducted surveillance;
  

h) authority of the State to which they belong agents who conducted surveillance at the request of the competent authority, may assist in the investigation subsequent to the operation, including court proceedings;
  

I) State authorities to which they belong to the supervisory agencies, at the request of the Romanian authorities, contributes to the good condition of the survey what follows operation attended, including judicial proceedings.
  

(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.
  

— — — — — — — —-. (5) article. 183 has been modified by the point of article 42. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(6) the supervision referred to in paragraph 1. (3) will cease if the authorization has not been obtained within 5 hours of crossing the border of the State, and at the request of the public prosecutor's Office attached to the High Court of Cassation and justice.
  


Article 184 the interception and recording of conversations and communications (1) for the purpose of solving a criminal cases, the judicial authorities of the requesting State or the competent authorities so designated by the requesting State can address the Romanian authorities a request for judicial assistance involving the interception of telecommunications and their immediate transmission to the requested State or intercepting the communication of registration and subsequent registration of telecommunications by the requesting State , where the pursued person: a) is located within the territory of the requesting State and it needs technical assistance to be able to intercept the communications of the target;
  

b) is located on the territory of the Romanian State, where communications can be intercepted from the target State;
  

c) is located on the territory of a third country which has been notified and if the requesting State needs the technical assistance for interception of communications at target.
  


(2) applications submitted pursuant to this article shall comply with the following conditions: a) to indicate and confirm the issuing an order or a warrant for the interception and recording, in the context of a criminal trial;
  

b) information allowing identification of the target of interception;
  

c) indicate the criminal facts which are the subject of criminal investigation;
  

d) to mention the duration of the interception;
  

e) if possible, contain sufficient technical data, in particular the number of network connectivity to allow processing of the application.
  

(3) if the request is formulated in accordance with the provisions of paragraph 1. (1) (a). (b)), it will have to contain a description of the facts. The Romanian judicial authorities may request any additional information necessary to enable them to assess whether the requested measure would be taken in a national cause.
  


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 execution of the criminal investigation, 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 stipulated by the law that is designated national authority as the national Office for the recovery of claims in the field of tracking and identifying goods consigned from committing crimes or other property in connection with the crimes.
  

— — — — — — — — —-. (2) of article 9. 185 was modified by art. 48 of law No. 318 of 11 December 2015, published in MONITORUL OFICIAL nr. 961 from 24 December 2015.

(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.
  

— — — — — — —- 185 amended item 53 of article. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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.
  

— — — — — — —- 186 was modified by item 54 of article. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 187 provisional measures at the request of the requesting State, it may take precautionary measures provided for by law in order to protect Romanian sample means, maintaining an existing situation or protecting the interests threatened.


Article 188 the appearance of witnesses or experts (1) if the person has the appearance of a witness or expert before the Romanian judicial authorities is required, the requesting judicial authority will make mention in this respect through the application for awarding of the summons.
  

(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.
  

— — — — — — — —-. (2) of article 9. 188 was amended by article 43, point. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(3) If the person has the appearance of a witness or expert is asked Romanian authorities of a foreign 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 notified to the requesting State on one of the remedies referred to in article 1. 11 or 12.
  

— — — — — — — —-. (3) art. 188 was amended by article 43, point. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


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 be held. — — — — — — — —- 189 was modified by item 44 of the art. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 190 Non witness or expert witness or expert who was not presented as a result of the receipt of the summons of the communication which has been requested will be subjected, even if the summons shall contain an order definitely, any sanction or measure of constraint, unless he returns from his own initiative within the territory of the Romanian State and if will again be quoted here , legally.


Article 191 refusing to testify If a witness which responds to the summons and shall be presented in the Romanian authority refuses to testify in whole or in part, may not be subjected to any measures restricting freedom or otherwise prevented to leave Romania, even though, according to the Romanian law, such a refusal would constitute a crime or could attract coercive measures.


Immunities of article 192 (1) No witness or expert, whatever his nationality, who, following the receipt of a subpoena, will acquiesce to portray themselves in front of the judicial authorities of the requesting State English could be neither sought nor held, nor subjected to any other restriction of his liberty through the Romanian territory for individual facts or previous convictions of his departure from the territory of the foreign State.
  

(2) If during the trial could be ordered the arrest of a witness who is believed to have committed an offence in connection with his testimony in front of the judicial authorities of the requesting State English other than refusing to testify, it will consider whether the interests of Justice would be better protected by entrusting prosecution, if possible the foreign State requested.
  

(3) any person, whatever his nationality, cited her in front of the judicial authorities of the requesting State English, with a view to prosecution for certain crimes, will not be able to be traced, nor detained nor subjected to any other restriction of freedom in Romania for facts or previous convictions of his departure from the territory of the foreign State requested which are not mentioned in the summons.
  

(4) the immunity provided for in this article shall cease if the witness, expert or prosecuted person, having the opportunity to leave the territory of the Romanian State applicant within 15 consecutive days after his presence is no longer required by the judicial authorities, however, will remain on the territory of Romania or will return here after you will have left.
  


Article 193 of the temporary Transfer of persons held in the territory of the requesting State (1) the person detained, whose presence as a witness for the purpose of hearing or confrontation is sought by the applicant, the judicial authorities will be temporarily transferred to the territory of that State, provided that his return within the period indicated by the requested judicial authority and subject to the provisions of article 3. 192, insofar as they can be applied appropriately.
  


(2) In case of applications addressed to the Romanian judicial authorities jurisdiction to settle the demand belongs to the Court in the place of detention. In this respect, the Court shall order the person's hearing held, in the presence of a lawyer chosen or appointed ex officio, as well as an interpreter, if necessary, in the Council Chamber, with the participation of the Prosecutor. The person detained is made known an application asking him to declare if he agrees to be transferred temporarily to the territory of the requesting State for the purpose of the hearing as a witness. His statement is recorded in a report signed by presiding justice, court clerk, interpreter and the culprit.
  

(3) where the person consents not owned, the Court will order by rejecting the application terminating. The conclusion is final and shall be communicated within 48 hours from the date the Ministry of Justice.
  

(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.
  

— — — — — — — —-. (4) article. 193 was modified by item 45 of art. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(5) the conclusion referred to in paragraph 1. (4) shall be notified to the Ministry of Justice, within 24 hours from the date of the final remaining, which will inform the central authority of the requesting State with regard to the decision of the judicial authority. The conclusion whereby the Court has ordered the temporary transfer of the person detained shall be communicated and MOAI, which provide teaching under escort the person held pursuant to paragraph 1. 8. (6) Transfer may be refused: (a) whether the presence of the person held) is required in a criminal trial in course on Romanian territory;
  

(b) if the person owned) transfer is liable to prolong the detention;
  

(c) whether there are other reasons) who oppose his transfer in the territory of the requesting State.
  

(7) the person transferred shall remain in detention in the territory of the requesting State and, where applicable, in the territory of the requested State for transit purposes, unless the competent Romanian judicial authority requires its implementation at large, under the code of criminal procedure.
  

(8) the requesting State shall surrender the prisoner, as well as its takeover of this State will be a frontier post of the Romanian State. The prisoner is handed over and taken up under escort. Ministry of administration and Interior will provide teaching and taking over, informing the Ministry of Justice.
  

(9) the provisions of paragraphs 1 and 2. (7) shall apply correspondingly if the State is requesting State.
  

(10) In the case of applications made by judicial authorities, subject to the provisions of article 3. 167 paragraph 1. (2) (a). the a and b)), transit through the territory of a non-Member State of the person detained will be granted the request made by the Ministry of justice the central authority of the requested State for transit, accompanied by all the necessary documents.
  


Article 194 of the temporary Transfer of persons held in the territory of the requested State (1) where the subject-matter of the request for judicial assistance addressed to the requested State involves performing procedural acts for the performance of which it is necessary the presence of a person held in Romania, Romanian judicial authority may temporarily transfer the applicant this person on the territory of the State where the investigation should take place, if between the Romanian authorities and the authorities of the requested State there is an agreement to that effect. The arrangements for the temporary transfer of the person and the time by which they must be sent to the territory of Romania shall be laid down in the agreement concerned.
  

(2) the person transferred shall remain in detention in the territory of the requested State and, where applicable, in the territory of the transit State, except that the Romanian judicial authorities demanded its implementation.
  

(3) the period of detention in the territory of the requested State shall be deducted from the duration of pre-trial detention, which they have, or will have to perform the person concerned on the territory of Romania.
  


Article 195 of the personal appearance of transferred sentenced persons the provisions of art. 193 and 194 properly applies to persons held in Romania, following their transfer to enforce a sentence handed down in the State conviction, when personal appearance to review the judgment is required by the State.


Article 196 Witness Protection Witnesses heard under the provisions of this title, shall receive, where applicable, under the laws in force.


Article 197 of the procedural documents (1) documents shall be carried out under this title and in conformity with the provisions of relevant international treaties.
  

(2) any procedural means, primarily, the summonses for parties or witnesses, the Act of indictment, criminal acts, court orders, requests for exercising rights of judicial review or acts concerning the enforcement of a sentence, payment of a fine times pay procedure.
  

(3) requests for judicial assistance relating to procedural documents addressed to the Romanian judicial authorities meet the judgment of District Court in Vienna which is domiciled or is the place of detention of the person is to be notified of the acts, and the prosecution, the public prosecutor's Office attached to it.
  


Article 198 Communication and proof of communication (1) procedural documents may be accomplished by mere transmission to the recipient. If the requesting State expressly so requires, the Romanian State will perform in one of the forms provided for in the Romanian legislation for similar handouts onto or into a special form consistent with this legislation.
  

(2) proof of the communication is done through a document dated and signed by the recipient or by a declaration of the Romanian judicial authority requested, noting the communication form and the date of the communication. Act or declaration shall be sent without delay to the requesting State. At the request of the latter, the Romanian State will specify whether the notification was made in accordance with Romanian law. Where communication could not do, the Romanian State shall notify the requesting State of the reason indicted person failed.
  


Article 199 time communication Summons to look for a person pursued which is located on the territory of Romania, the Romanian competent authorities shall be forwarded not later than 40 days before the date fixed for the appearance. This period shall be taken into account in fixing the date of the presentation and transmission of the summons.


Article 200 of the postal Communication acts of procedure (1) the Romanian judicial Authorities can transmit directly via email, documents and court orders to persons who are within the territory of a foreign State, whether through international legal instrument applicable in relation to that State shall be so specified.
  

(2) in the case referred to in paragraph 1. (1) procedural documents and judicial decisions are accompanied by a note indicating that the addressee may obtain information from the issuing judicial authority over its rights and obligations.
  


Article 201 of the records and data Communication (1) the Romanian State shall, to the extent that the Romanian judicial authorities may themselves to obtain them in such a case, extracts from criminal records and any data on it will be required for a criminal case, the judicial authorities of the requesting foreign State.
  

(2) in other cases, other than those referred to in paragraph 1. (1), it will also grant an application, under Romanian law.
  


Article 202 Transmission information (1) the Romanian State will transmit the foreign State concerned information about judicial and follow-up, which refers to the foreign State and citizens who have been singled out in the criminal record. This information shall be communicated at least once a year.
  

(2) if the person concerned is a citizen of the several States, the information shall be communicated to each State concerned, unless this person has the citizenship of the Romanian State.
  

(3) the Romanian State shall transmit to the foreign State concerned, on request, in special cases, a copy of the rulings and measures referred to in paragraph 1. (1), and any other information relating thereto, to enable it to examine whether they require measures internally.
  


Article 203 the competent Romanian Authority (1) the information referred to in article 1. 200 shall be transmitted through the Ministry of Justice.
  


(2) information of the same kind received from competent authorities of foreign States within the framework of the exchange of information, received by the Ministry of Justice, which shall forward them to the competent authorities, to carry out in relation to the tasks concerning the recognition and registration of foreign criminal judgments.
  


Chapter II provisions applicable to judicial assistance in relation to the Member States of the European Union section 1 Provisions for implementation of the Convention of 19 June 1990 implementing the Schengen agreement of 14 June 1985 on the gradual abolition of checks at their common borders, Schengen Article 204 assistance under this section, and shall be granted legal assistance: a) in proceedings relating to acts punishable under Romanian law or the law of the requesting Member State as being violations of legal norms detected by the administrative authorities whose decision may be appealed before a court competent in criminal matters;
  

b the procedures relating to) compensation for unlawful conviction or abusive research;
  

c) in out-of-court procedures;
  

d) in civil actions, criminal side by side for as long as the Court has not definitively decided in relation to the criminal side;
  

e) to notify the judicial communications which concern the enforcement of a sentence or of a measure of safety, the payment of a fine or the payment of costs;
  

f) for measures concerning the suspension or delay of the execution of the pronouncement of a sentence or a measure of safety, conditional release or suspension of a sentence execution interruption times of safety measures.
  


Article 205 Assistance in matters of taxes and excise duties (1) the Romanian State shall grant, in accordance with the provisions of the European Convention on mutual legal assistance in criminal matters of 20 April 1959, judicial assistance with regard to infringements of the legal provisions in the field of excise duties, value added tax and in customs matters.
  

(2) where the requesting State Romania is, the information and evidence obtained from the requested State shall not be transmitted or used for other investigations, chases times procedures than those referred to in the application, except in cases in which the prior consent of the requested State.
  

(3) legal assistance referred to in this article may be refused when the total amount of unpaid duties presumed entirely times evaded does not exceed 25,000 euros or the equivalent in lei of the time when the basis of the goods exported or imported without authorisation does not exceed EUR 100,000 times in lei equivalent, except that, given the circumstances or the identity of the person accused the requesting State considers the case as very serious.
  

(4) the provisions of this article shall apply also when the requested judicial assistance refers to facts which are punishable only by a fine for violations of legal norms sanctioned by administrative authorities and when originating from a judicial authority.
  


Article 206 Searches and seizures (1) the provisions of article 4. 176 para. (1) does not apply in relation to the States parties to the Convention implementing the Schengen agreements.
  

(2) In relation to the States referred to in paragraph 1. (1) for the execution of requests for rogatory aimed searches or seizures may be imposed, however, the following conditions are met: 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 law, or one of the parties to provide for a penalty equivalent, and in other legislation the Act to be punishable as a violation of the legal norms, established by the administrative authorities whose decision may be appealed before a court competent in criminal matters;
  

— — — — — — — —-Lit. of paragraphs 1 to 5). (2) of article 9. 206 was amended by article item 46. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

b) rogatorii Commission to be compatible with the Romanian law.
  


Article 207 of the procedural acts Transmission by post (1) in the case of transmission by post of procedural acts, if there is reason to believe that the addressee does not understand the language in which it is drafted the Act, this act or at least the important passages thereof must be translated/translated into the language or one of the languages of the Member State in whose territory the recipient is found. If the authority submits the Act knows that the recipient doesn't know than another language, or at least the important passages thereof must be translated/translated into this language.
  

(2) expert or witness who fails to appear in court, although it has been quoted by post, shall be subject to any penalties or restrictive measures, even if the summons is made mention of the application of punishments, unless subsequently voluntarily enters the territory of Romania and here it is again legally quoted. Subpoena authority dispatched by post shall ensure that they do not involve any penalty.
  

(3) If the deed constituting the basis of the request for judicial assistance is sancţionabilă, according to the national law of both States, as a violation of the legal norms, established by the administrative authorities whose decision may be appealed before a court competent in criminal matters, sending documents shall be carried out in principle in accordance with the procedure laid down in paragraph 1. 1. (4) when the recipient's address is unknown or when formal notice is required, the reference of the procedure can be done through the judicial authorities of the requested Member State.
  


Article 208 cross-border surveillance pursuant to the provisions of this section, the list provided for in article 10. 183 paragraphs 1 and 2. (5) shall be supplemented with the following facts: (a) killing through negligence);
  

b) serious fraud;
  

c) money laundering;
  

d) illicit trafficking in nuclear and radioactive substances;
  

e) participation in criminal organisations referred to in joint action 98/733/JHA of 21 December 1998 on making it a criminal offence to participate in organizations in the Member States of the European Union;
  

f) terrorist offences as referred to in Council framework decision 2002/475/JHA of 13 June 2002 on combating terrorism.
  


Article 209 foreign agents Responsibility (1) during operations and activities listed in article 1. 208, foreign agents engaged in the pursuit of Romanian territory to persons who are assimilated to the same quality in the Romanian State in respect of offences committed against them or by them.
  

(2) where during the operations referred to in article 1. 208 foreign agencies produce an injury, the State of whose agents are responsible for this damage, in accordance with Romanian law.
  

(3) the State whose agents have caused damage to a person on the territory of Romania, the Romanian State shall refund the totality of the amounts they paid to the victims or persons entitled on their behalf.
  

(4) without prejudice to the exercise of rights against third parties and with the exception of the provision of paragraph 1. (3) the Romanian State will not apply to the case referred to in paragraph 1. (2) the refund payable for damages they suffered because of another State.
  


Section 2 Provisions for the application of the Convention of 29 May 2000 on mutual assistance in criminal matters between the Member States of the European Union and its Protocol of 16 October 2001 Article 210 Information concerning bank accounts (1) at the request of a Member State of the European Union, the Romanian authorities will have the necessary measures in order to identify bank accounts regardless of their nature, which are controlled or held in a banking unit from Romania by a legal or natural person who is the subject of a criminal investigation, and will provide their bank account numbers, and any other details. The information will also include data on the accounts in respect of which the person subject to proceedings has power of Attorney, to the extent that they were expressly requested and can be supplied within a reasonable time.
  

(2) the data referred to in paragraph 1. (1) will be provided only to the extent that information is available to the Bank which holds bank accounts.
  

(3) the information referred to in paragraph 1. (1) will be provided only if a criminal investigation concerned, as appropriate: (a) an offence punishable by) a penalty involving deprivation of liberty or a writ of execution of the prison sentence of a maximum period of at least four years in the requesting State and at least two years in the requested State; or b) an offence mentioned in article 1. 2 of the Convention on the establishment of a European Police Office (Europol Convention) in 1995 or in the annex to the Convention; times
  


c) to the extent that the offence is not provided for by the Europol Convention, an offence provided for in the 1995 Convention on the protection of the financial interests of the European communities, of the additional protocol of 1996, or by the second additional Protocol of 1997.
  

(4) where the information is requested under paragraph 1. (1) the requesting authority the request as formulated, will include the following: a) the reasons why the requested information shall be deemed to have a substantial value for the purpose of research the crime in question;
  

b the elements) it was established that banks on the territory of Romania holding or controlling bank accounts and, to the extent that holds such data banks that are involved;
  

(c) any other data available) that could facilitate the execution of the request.
  

(5) the request made under paragraph 3. (1) is subject to the following conditions: a the and) fulfilment of the request is compatible with the Romanian law;
  

b) deed under investigation to be criminal offence according to the law.
  

(6) In the case of applications made by the Romanian authorities, the provisions of this article shall apply accordingly.
  


Article 211 Info Bank operations (1) on request, the Romanian authorities will provide the details of the bank accounts indicated by the requesting foreign authorities, as well as with regard to banking operations that were carried out in a defined period of time, through one or more of the bank accounts indicated in the application, including the particulars of any sending or recipient account.
  

(2) the data referred to in paragraph 1. (1) will be provided only to the extent that information is available to the Bank which holds bank accounts.
  

(3) where information is requested under paragraph 1. (1) the requesting authority request made, will indicate the reasons why the requested information shall be deemed to have a substantial value for the purpose of research the crime in question.
  

(4) the request made under paragraph 3. (1) is subject to the following conditions: a the and) fulfilment of the request is compatible with the Romanian law;
  

b) deed under investigation to be criminal offence according to the law.
  

(5) In the case of applications made by the Romanian authorities, the provisions of this article shall apply accordingly.
  


Article 212 supervision of banking transactions (1) the Romanian authorities will provide at the request of a Member State of the European Union supervision, for a specified period, the banking operations that are carried out by one or more of the bank accounts indicated by the requesting authorities.
  

(2) where information is requested under paragraph 1. (1) the requesting authority request made, will indicate the reasons why the requested information shall be deemed to have a substantial value for the purpose of research the crime in question.
  

(3) the competent Romanian judicial authorities authorises, as provided by the law of Romanian banking supervision. Under Romanian law, the Romanian judicial authorities and foreign companies will stipulate concrete.
  


Article 213 banks will ensure Confidentiality confidentiality of the transmission of information to the requesting authorities, and the criminal investigation carried out, without being able to disclose this data to the client or any other person.


Article 214 shall be obliged to inform (1) where, in the course of execution of the request, it is necessary to be carried out further research, which could not be foreseen or specified by the applicant authority in the initial request, the requested authority shall inform the Romanian without delay to the requesting State.
  

(2) after it has been informed, in accordance with paragraph 1. (1) the requesting State will be able to make a further application under art. 215. Paragraph (3). (1) applies and where further research should be carried out by the authorities of another Member State of the European Union or of a third State.
  


Article 215 Requests additional (1) where the requesting State authorities formulate a request for initial application, additional request will contain only the necessary data for identification of the initial application, and other additional data needed.
  

(2) whenever the requesting authorities participate along with the Romanian authorities in the execution of the request for assistance, they will be able to apply directly to the supplementary authority requested Romanian request referred to in paragraph 1. 1. a copy of it should be sent and the Ministry of Justice or the Prosecutor's Office attached to the High Court of Cassation and justice, where appropriate.
  


Article 216 of the banking Secret Banking Secrecy may not be invoked as grounds for refusal of cooperation relating to the requests for assistance formulated by the authorities of a Member State of the European Union.


Article 217 refused Communication Decisions to refuse judicial assistance shall be communicated to the Secretariat of the Council of the European Union and Eurojust.


Article 218 (1) central authorities For requests for legal assistance referred to in article 1. 6 paragraph 1. (8) of the Convention of 29 May 2000 on mutual assistance in criminal matters between the Member States of the European Union and any request for judicial assistance from the courts or the execution of criminal decisions in the situation referred to in article 1. 6 paragraph 1. (3) of the same Convention and in other cases the contact is not possible, the central authority is the Ministry of Justice. However, it is possible to direct communication between the judicial authorities and the central authorities designated by other Member States.
  

(2) applications for legal aid from the research and criminal investigation in the situation referred to in article 1. 6 paragraph 1. (3) of the Convention of 29 May 2000 on mutual assistance in criminal matters between the Member States of the European Union and in other cases the contact is not possible, the central authority is the flooring on the High Court of Cassation and justice. However, it is possible to direct communication between the judicial authorities and the central authorities designated by the United Kingdom of Great Britain and Northern Ireland and Ireland.
  

(3) the Prosecutor's Office attached to the High Court of Cassation and justice is designated as the central authority competent to receive requests for mutual legal assistance under article 4. 18, 19 and article. 20 paragraph 1. (1) to (5) of the Convention of 29 May 2000 on mutual assistance in criminal matters between the Member States of the European Union, the competent judicial authority to hear and determine the application being the competent authority under the law to authorize the interception of telecommunications.
  


Section 3 of the Provisions on cooperation with the EU Member States in the implementation of framework decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders indisponibilizare goods or samples § 1 General provisions Article 219 meaning of some terms and expressions (1) by order of indisponibilizare shall mean any measure taken during the criminal trial by a judicial authority of one Member State who resides in the unavailability of provisionally, of goods in order to prevent any operation of destruction, transformation, movement, transfer or dispose of it.
  

(2) the term good is any good, regardless of its nature, corporeal or incorporeal, mobile or immobile, as well as documents proving legal instruments times the existence of a title or a right in respect of which the competent judicial authority considers that: (a) issuing) is the product of one of the offences mentioned in article 1. 223 times corresponding to all or part of the value of the product; or b) is the subject of such times tool crimes.
  

(3) the term sample means objects, documents or data that can serve as evidence in criminal proceedings which relate to one of the offences mentioned in article 1. 223. (4) by the issuing State shall mean the Member State in which a judicial authority has issued, validated or confirmed an order of indisponibilizare in criminal proceedings.
  

(5) the enforcing State shall mean the Member State in whose territory the property is situated or the sample.
  

(6) by Council framework decision means 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 no. L 196 of 2 august 2003.
  


Article 220 subject to settlement of the provisions of this section shall apply indisponibilizare orders issued in accordance with Council framework decision with a view to subsequent confiscation of evidence or property.


Article 221 Certificate


(1) the certificate shall be drawn up according to the standard form set out in the annex. 2 and be signed by the judicial authority which ordered the measure provided for in article 10. 219 paragraph 2. (1). in addition, the contents of the certificate must be certified by the competent judicial authority.
  

(2) a certificate issued by a Romanian judicial authority must be translated into the official language or one of the official languages of the Member State of enforcement or in another language accepted by that Member State.
  

(3) the certificate shall be transmitted to the Romanian judicial authorities for execution must be translated in Romanian language.
  


Competent Authorities article 222 (1) indisponibilizare order is issued by the Prosecutor, the prosecution, and the Court, in the course of the judgment.
  

(2) the order of indisponibilizare runs on the flooring near the courthouse, at the stage of prosecution, and the Court, in the course of the judgment, in whose constituency lies for the good that has been issued by the order of indisponibilizare.
  

(3) where the order of indisponibilizare refers to more goods contained in the territorial constituency of two or more judicial authority, competent to recognise and execute the order of indisponibilizare, depending on the phase of the proceedings, Prosecutor's Office or court in Bucharest Bucharest Tribunal.
  

(4) where indisponibilizare order refers to a good that is the subject of a criminal trial learned pending or resolved by a final judgment, competence lies with the Prosecutor's Office near the courthouse, at the stage of prosecution, and the Court of first instance, during judgment, regardless of the extent of the jurisdiction of the Romanian judicial authority entrusted with the settlement of the case or of the judgment.
  


The scope of article 223 (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.
— — — — — — — —-. (1) of article 1. 223 was amended by point 47 of the art. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(2) For cases other than those referred to in paragraph 1. (1) if the order had been issued to ensure the indisponibilizare of evidence, recognition and enforcement of such order shall be subject to the condition that the offence in respect of which the order was issued constitute an offence and, in accordance with Romanian law, whatever the constituent elements or legal qualification in the law of the issuing State.
  

(3) For cases other than those referred to in paragraph 1. (1) if the order had been issued for the purposes of indisponibilizare subsequent confiscation of property, the recognition and enforcement of such order shall be subject to the condition that the offence in respect of which the order was issued constitute an offence which, in accordance with Romanian law, can lead to this kind of indisponibilizare, whatever the constituent elements or legal qualification in the law of the issuing State.
  

(4) in respect of tax, customs and Exchange, execution of the order of indisponibilizare cannot be refused on the grounds that Romanian legislation does not impose the same kind of charges or taxes either does not contain the same type of rules in respect of fees or taxes, customs and foreign exchange as the law of the issuing State.
  


(2) the procedure for issuing and transmission of orders of indisponibilizare Article 224 the issuance and forwarding orders indisponibilizare (1) the Act by which the order is issued by the indisponibilizare as defined in art. 219 paragraph 2. (1), shall be made according to the corresponding provisions of the code of criminal procedure.
  

(2) indisponibilizare order accompanied by the certificate drawn up according to the provisions of article 3. 221 shall be transmitted by the judicial authority issuing Romanian judicial authority directly competent. Transmission shall take place by any means capable of producing a written record, and under conditions allowing the executing judicial authority to determine the authenticity of the document and the certificate.
  

(3) order of indisponibilizare is sent together with: a) a request for submission of evidence; or (b) a request for confiscation), requiring either enforcement of a confiscation order issued by the competent Romanian judicial authority, either the confiscation and subsequent execution of such order. These requests are formulated according to the provisions applicable in the field of judicial assistance in criminal matters and the rules applicable to international cooperation with regard to confiscation.
  

(4) where the order of indisponibilizare is not accompanied by one of the applications referred to in paragraph 1. (3) the certificate referred to in article. 221 may contain an instruction concerning the maintenance of the property in the State of enforcement until the receipt of the request mentioned in paragraph 1. (3) (a). or b) to). Romanian judicial authority issuing the certificate shall indicate the date on which it considers that such a request should be sent.
  

(5) on the way, in case of Member States through the European Commission notified statements deposited with the general secretariat of the Council of the European Union, have reserved the right to receive and transmit the order to indisponibilizare together with the certificate referred to in article 1. 221 through central authorities designated by them, shall be carried out according to the respective Member States.
  

(6) where the issuing judicial authority does not know the Romanian enforcement authority, will require the assistance of the contact points of the European judicial network in Romania, in order to obtain information in this respect.
  

(7) if the judicial authority issuing Romanian cancels the measure provided for in article 10. 219 paragraph 2. (1) must notify immediately the judicial authority of the executing State.
  

(8) where, as a result of the execution of an order of indisponibilizare issued by a judicial authority, the enforcing authority Romanian has compensated any interested person, including third parties of good faith, the Romanian State will repay the State for executing the amount paid out as compensation.
  


(3) enforcement proceedings by the Romanian authorities of orders of indisponibilizare common provisions Article 225 (1) Romanian judicial authority, regardless of the procedural phase, recognize any indisponibilizare order without the need for any formality and takes necessary measures without delay its immediate execution in the same manner as in the case in which the measure provided for in article 10. 219 paragraph 2. (1) would have been ordered by a Romanian judicial authority, unless the incident is one of the reasons for non-recognition or non-execution provided for in article 10. 230 times one of the grounds for postponement provided for in art. 231. (2) where it is necessary to ensure that the samples obtained are valid Romanian judicial authority of execution comply with the formalities and procedures expressly indicated by the issuing judicial authority, provided that such formalities and procedures are not contrary to constitutional principles.
  


(3) a report on the execution of the order of indisponibilizare prepared by Romanian judicial authority, judicial organ on the basis of paragraphs which had carried out the order of indisponibilizare, shall be forwarded without delay to the Romanian judicial authority of enforcement, which it submits to the issuing judicial authority by any means capable of producing a written record.
  

(4) Any additional coercive measures necessary for performing the indisponibilizare order shall be taken in accordance with the relevant provisions of the code of criminal procedure.
  


Article 226 Steps leading up to (1) when a Romanian judicial authority receives an order from indisponibilizare, it must, within 24 hours of receipt, verify the order is accompanied by the certificate provided for in article 10. 221 times any other equivalent document, as well as its translation into Romanian language.
  

(2) where the documents referred to in paragraph 1. (1) are not translated, the judicial authority of the issuing judicial authority requests the Romanian remission translation within a time limit of not more than 3 days. After receiving the translation, Romanian judicial authority his jurisdiction within 24 hours of receipt.
  

(3) If a court judges that the Romanian is not competent to recognise and take appropriate measures to ensure the execution of the order of indisponibilizare, send immediately, on its own initiative, by order of the competent judicial authority of the Romanian indisponibilizare to execute and so inform the judicial authority of the issuing State. Where indisponibilizare order does not contain sufficient information to determine the competence of the Romanian judicial authority may request the judicial authority issuing the transmission of additional information in this regard, setting a term of not more than 3 days.
  

(4) the Court, the case shall be in accordance with the applicable legal provisions, the Court laid down cannot be more than 5 days.
  

(5) the procedure laid down in paragraph 1. (1) to (3) confidential.
  


Article 227 recognition and enforcement in the criminal investigation phase (1) at the stage of prosecution, the competent prosecutor has in the Ordinance not later than 5 days after the expiry of the time limits provided for in article 10. 226. (2) against the order by which the Prosecutor has ordered the recognition order of indisponibilizare can make your complaint by any interested person, including third parties in good faith, if this has brought harm to his legitimate interests. The complaint shall be made within 5 days of the communication of the copy on the Ordinance.
  

(3) substantive Reasons which have led to the issuing of the order of indisponibilizare cannot be the subject of the complaint, which can be appealed only before a court in the issuing State.
  

(4) the complaint shall be addressed to the Court in whose territorial constituency lies within the Prosecutor's Office which belongs to the Prosecutor who ordered the recognition order of indisponibilizare. In the judgment complained of the presence of the Prosecutor is compulsory.
  

(5) the dossier will be sent to the competent tribunal of parquet, within two days after receipt of the address by which it is sought.
  

(6) the complaint shall be settled in open court within five days, through the service be terminated. The introduction of the complaint shall not suspend the carrying out of the order of indisponibilizare. The Court, addressing the complaint, check the order of the Prosecutor, on the basis of the material in the case and any entries submitted by saying one of the following: a) belated complaint that rejects as unacceptable, maintaining the order being appealed;
  

b), abolishes the order admitting impugned and revocation of the measure indisponibilizării.
  

(7) order of indisponibilizare goes to fruition by the Prosecutor which ordered its recognition Ordinance.
  


Article 228 recognition and enforcement stage of proceedings (1) the Court adjudicates the case, through the closing time in the boardroom, 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.
  

— — — — — — — —- 228 has been modified by the point of article 48. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 229 indisponibilizării Duration and subsequent arrangements of the asset made unavailable (1) the unavailability of the asset is maintained until the final resolution of the applications referred to in article 1. 224 para. 3. (2) However, the competent Romanian judicial authority may, after consultation with the issuing judicial authority, in accordance with Romanian legislation and practice applicable and depending on the circumstances of the case, the unavailability of the asset for a shorter period.
  

(3) If the competent Romanian judicial authority intends to revoke the measure indisponibilizării, it shall inform the issuing judicial authority, giving him the opportunity to make observations. Also, when the judicial authority of the issuing State shall forthwith inform the authority of the Romanian enforcement upon revocation of the order of indisponibilizare, the latter is obliged to revoke the measure in the shortest possible time.
  

(4) applications under article 11. 224 para. (3) is implemented in accordance with the rules applicable to judicial assistance in criminal matters and the rules applicable to international cooperation with regard to confiscation.
  

5. However, by way of derogation from the rules relating to legal aid referred to in paragraph 1. (4) the competent Romanian judicial authority may not refuse requests referred to in article 1. 224 para. (3) (a). citing the absence of double criminality), if such requests shall relate to offences referred to in articles. 223 para. (1) for these offences, and the punishment provided by the law of the issuing State is imprisonment for at least three years.
  


Article 230 the grounds of non-recognition or non-enforcement (1) except in cases referred to in article 1. 223 para. (2) and (3) the competent Romanian judicial authorities may not refuse recognition or execution of the order of indisponibilizare only if: (a) the certificate referred to in article). 221 is not presented is incomplete or does not correspond to clearly order indisponibilizare;
  

b Romanian legislation stipulates a) immunity or a privilege which make it impossible to execute the order indisponibilizare;
  

c) of information provided in the certificate that immediately follows a request for judicial assistance with your submission or seizure of evidence for the offence which is the subject of the criminal process would contravene the principle of non bis in idem.
  

(2) In the case referred to in paragraph 1. (1) (a). the Romanian judicial authority), may: a) to fix a term of not more than 3 days for submission, completion times correction;
  

b) accept an equivalent document; or c) if it is considered large enough, can no longer appeal the matter to the issuing judicial authority.
  

(3) any decision to refuse recognition or execution shall be taken and notified as soon as possible to the competent judicial authorities of the issuing State by any means capable of producing a written record.
  

(4) in addition, where, in practice, the execution of the order of indisponibilizare is impossible because the property or evidence have disappeared, have been destroyed, cannot be found at the location indicated in the certificate or that the place in which the property or evidence has not been indicated in a sufficiently clear manner even after consultation with the competent judicial authority in the issuing State This is informed immediately thereof.
  


Article 231 Reasons for deferment of execution (1) the competent Romanian judicial authority may postpone the execution of an order of indisponibilizare where:) its execution are likely to impede or hinder a criminal trial set in progress. Ordering for a deferral period Romanian judicial authority executing it deemed necessary for the proper conduct of the criminal trial;
  

b) the property or evidence concerned have already been the subject of an order of indisponibilizare in criminal proceedings, and was willing to postpone until the moment in which this measure is revoked;
  


c) order indisponibilizare has been issued with a view to subsequent confiscation of property that is already the subject of a measure taken in the context of a criminal trial in Romania; in this case the postponement until the moment of cancellation of this measure. However, this case has been requested is the only incident where indisponibilizare order would take precedence over any subsequent measures taken by the judicial bodies, in the context of a criminal trial, in accordance with national law.
  

(2) a report on the postponement of the execution of the order of indisponibilizare, including the grounds for the postponement and, if possible, the duration of the postponement, shall be forwarded immediately to the competent judicial authority in the issuing State by any means capable of producing a written record.
  

(3) as soon as the reason for the postponement will cease to subsist, Romanian judicial authority execution shall take without delay the necessary measures for the execution of the order indisponibilizare and inform the issuing judicial authority thereof by any means capable of producing a written record.
  

(4) the Court shall inform the Romanian judicial enforcement with regard to issuing any other precautionary measures whose object may constitute good respectively.
  


Article 232 (1) without prejudice to the provisions of article 3. 227 para. (3) if the State responsible for the damage caused by one of the persons concerned, including third parties in good faith, as a result of the execution of an order of indisponibilizare referred to the authority for execution, it will request the issuing State any amount paid as compensation to the person concerned, unless and insofar as the damage or a part of it is exclusively due to the conduct of the authorities.
  

(2) the provisions of paragraphs 1 and 2. (1) without prejudice to the legal provisions relating to claims made by the actions of natural or legal persons.
  


Section 4 Provisions relating to cooperation with the EU Member States in the implementation of framework decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition pecuniary sanctions in paragraph 1 common provisions Article 233 Definition for the purposes of this section: (1) by decision means, regardless of its name, such as dismissal, ruling, decision, order, resolution or report of findings a final judgment, rendered by an organ of the prosecution, a court, as well as any other authority which under the law are considered to be judicial or by an administrative authority, where a natural 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 a facts under the law 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). — — — — — — —-. (1) of article 1. 233 was amended by article 55 point. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(2) Repealed.
  

— — — — — — —-. (2) of article 9. 233 was repealed by article item 56. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(3) by the issuing State shall mean the Member State in which it has been pronounced a judgment, within the meaning defined in Council framework decision;
  

(4) the enforcing State shall mean the Member State to which it was passed a judgment for enforcement;
  

(5) by Council framework decision means Council framework decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition pecuniary sanctions, published in the official journal of the European Union no. L 76 of 22 March 2005.
  


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 has been applied, unless the amount of money it must pay out is less than 70 euros or the equivalent in lei of this amounts refunded, in which case motivated the issuing State documents transmitted.
  

(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 Romanian and foreign languages, together with the decision by which it has been applied that sanction, the competent authority of the Member State of enforcement.
  

— — — — — — —- 234 was amended by article 57, point. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 234 ^ 1 Conditions on the execution of sanctions proceedings (1) the execution of a pecuniary penalties imposed for breach by a legal or natural person 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 22 December 2000 on jurisdiction, recognition and enforcement of judgments in civil and commercial matters.
  

— — — — — — —- 234 ^ 1 was introduced by the pct. of article 58. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


(2) the procedure for passing judgment Article 235 (1) Transmission of the 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.
  

— — — — — — —-. (1) of article 1. 235 was modified by item 59 of the art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(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.
  

— — — — — — —-. (2) of article 9. 235 was modified by item 59 of the art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(3) the judgment or a certified copy thereof together with the certificate shall be forwarded directly to the competent authority in the executing State by any means capable of producing a written record under conditions allowing the executing State to establish authenticity. The original of the judgment or a certified copy of it along with the original of the certificate shall be transmitted to the State of enforcement, at the latter's request. All official communications shall be effected directly between those authorities.
  

(4) a judgment cannot be transmitted simultaneously to several States.
  

(5) if the competent authority of the executing State is not known to the issuing judicial authority of the Romanian, the latter shall make all necessary investigations, including via the contact points of the European judicial network, in order to obtain the necessary information from the executing State.
  


Article 236 termination of execution

The issuing judicial authority shall immediately bring to the attention of Romanian competent authority of the executing state of any decision or measure as a result of which the judgment ceases to be enforceable or is withdrawn from the executing State for any other reason.


Article 237 the consequences of transmitting a decision (1) subject to the provisions of paragraph 1. (2) the Romanian State may not proceed to execute a ruling submitted by the Romanian judicial authorities issuing.
  

(2) the right of enforcement of the judgment is regained by the Romanian State: a) if it is informed by the executing State with respect to the total or partial non-performance or non-recognition or non-execution of the decision in the cases provided for in article 10. 241, except as provided for in art. 241 para. (2) (a). ), and in the case provided for in article 10. 245 paragraph 4. (1) of this Act, and in the case referred to in article 1. 20 paragraph 1. (3) of the framework decision; or b) where judgment is withdrawn from the executing State according to art. 236. (3) If, after the transmission of a ruling, a Romanian authority receives any sum of money that the person convicted to pay voluntarily by virtue of a judgment, that authority shall inform without delay the competent authority of the executing State. The provisions of article 243 para. (2) shall apply accordingly.
  


Article 238 languages (1) the certificate referred to the Romanian authorities must be translated in Romanian language.
  

(2) enforcement of the judgment may be suspended during the period required to obtain its translation at the expense of the State of enforcement.
  

(3) the issuing judicial authorities will translate Romanian language certificate or one of the official languages of the executing State or in another language accepted by it, according to the declarations notified to the general secretariat of the Council of the European Union.
  


(3) the procedure for enforcement of the judgment, the scope of article 239 (1) the following offences, if they are punishable in the issuing State, as defined by the law of the issuing State, give place, as provided for in the framework decision and without verification of the double criminality of the Act, to the recognition and enforcement of judgments: 1. participation in an organized criminal group;
2. terrorism;
3. trafficking in persons;
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 communities within the meaning of the Convention of 26 July 1995 on the protection of the financial interests of the European communities;
9. washing products of the crime;
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 taking hostage;
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;
33. behaviors that violate the regulations governing road traffic, including violations of regulations on working hours and rest periods, driven and regulations regarding dangerous goods;
34. smuggling;
35. violations of intellectual property rights;
36. threats and acts of violence against persons, including violence in the framework of sport events;
37. damages subject to criminal law;
38. the theft;
39. offences established by the issuing State in order to implement the obligations arising from international instruments adopted under the Treaty establishing the European Community *) or under Title VI of the Treaty on European Union.
_ _ _ _ _ _ _ _ _ *) Through the Lisbon Treaty, the Treaty establishing the European Community was renamed ' Treaty on the functioning of the European Union "and ordered that the terms ' Community ' or ' European Community ' shall be replaced by ' Union ', the words ' European Communities ' or ' EEC ' shall be replaced by ' of the European Union".

(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.
  

— — — — — — —-. (2) of article 9. 239 was modified by item 60 of the art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 240 recognition and enforcement of judgments (1) the Romanian judicial authorities recognize a judgment execution without further ADO and immediately take all the necessary measures for its execution, unless it finds that it is applicable to one of the grounds for non-recognition or non-execution provided for in article 10. 241. (2) If the judicial authority which has received Romanian judgment has no jurisdiction to recognise it and take the necessary steps to enforce it, she will send judgment ex officio to the competent authority and shall bring this to the attention of the competent authority in the issuing State accordingly.
  


Article 241 Reasons for non-recognition and non-enforcement (1) the Romanian judicial Authorities may refuse enforcement to recognise and enforce a judgment if it has not been presented to the certificate referred to in the annex. 3 If the certificate is incomplete or is manifestly inadequate with the decision.
  

(2) except in cases referred to in article 1. 239 para. (2) a court may refuse enforcement Romanian to recognise and execute the judgment and if it is established that: (a) against the person convicted) and for the same facts was pronounced a judgment in Romania or in any State other than the issuing State and, in the latter case, the decision has been served;
  

(b) the execution of the judgment) is prescribed by law, and the judgment relates to acts which fall within the competence of the Romanian courts;
  

c) judgment refers to the facts that: (i) are regarded by the law as Romanian committed wholly or partly on Romanian territory or in a place treated as such; or (ii) have been committed outside the territory of the issuing State and the law does not allow tracking the same Romanian crimes when they are committed outside the territory of Romania;

d) there is immunity under the law, making it impossible the execution of the judgment;
  

e) judgment was given with respect to a natural person who, in accordance with Romanian law, given its age, it's not supposed to respond to criminal facts in respect of which judgment has been pronounced;
  

f) according to 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 (ii) 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 an appeal, may be abolished, the person convicted or has expressly renounced the retrial or appeal exercise 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;
— — — — — — — — Lit. f) of paragraph 2. (2) of article 9. 241 amended by point of article 61. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

g) penalty payment is less than 70 euros or the equivalent in lei of these allocations.
  

(3) in the cases referred to in paragraph 1. (1) and paragraphs 1 and 2. (2) (a). b) and (f)), before deciding the non-recognition and non-enforcement, total or partial, of a judgment, the Romanian judicial authority of enforcement will consult with the competent authority in the issuing State, by any appropriate means, and, if applicable, will be required to supply any information thereof without delay.
  


Article 242 fixing (1) if it is established that the decision relates to acts which were not committed in the territory of the issuing State, the executing judicial authority Romanian may decide to reduce the amount of punishment the maximum amount prescribed for similar Romanian law facts when the facts come within the competence of the courts.
  

(2) Romanian judicial authority of enforcement changes, if any, punishment in the currency of the State of enforcement, at the exchange rate at the date of the pronouncement of the death penalty.
  


Article 243 Law governing enforcement (1) without prejudice to the provisions of article 3. 244, the execution of the judgment is governed by Romanian law in the same manner as in the case of a pecuniary punishment imposed by a Romanian Court. Only the Romanian authorities have the competence to decide on the procedures for enforcement and to determine all the measures relating to it, including the reasons for termination of execution.
  

(2) where the person convicted may make total or partial payment made in any State, Romanian judicial authority execution shall consult with the competent authority of the issuing State in the manner prescribed in article 21. 241 para. (3) Any part of the penalty recovered in any other way from any State shall be deducted in full from the amount which must be executed in Romania.
  


Article 244 pecuniary penalty If Replacement enforcement 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.
— — — — — — — —- 244 was modified by point 49 of art. II of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Article 245 Amnesty, pardon and review (1) Amnesty or pardon may be granted by the issuing State, and by the Romanian State.
  

(2) without prejudice to the provisions of article 3. 244, any review of the judgment is the exclusive competence of the issuing State.
  


Article 246 destination of funds obtained from enforcement of judgments and expenses (1) the funds derived from the execution of the judgments of the Romanian judicial authorities executing income shall be made from the State budget, unless otherwise agreed with the issuing State and the Romanian State, in particular in the cases referred to in article 1. 233 para. (2) (a). b). (2) the expenditure incurred by the Romanian authorities in the implementation of this section shall remain payable by the Romanian State.
  


Article 247 Informing Romanian judicial authority shall immediately inform the enforcement competent authority in the issuing State by any means capable of producing a written record: a) about the transmission of the judgment by the competent authority;
  

(b) any judgment) about non-recognition and non-enforcement of the judgment and the grounds on which it was pronounced;
  

c) about the failure of all or part of the judgment and the grounds on which it was pronounced;
  

d) about the execution of the judgment immediately after execution;
  

It's about replacing pecuniary penalty) with another penalty.
  


Section 5 Provisions relating to cooperation with the EU Member States in the implementation of the framework decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders (1) General provisions Definitions Article 248 (1) by order of confiscation shall mean the penalty or measure ordered by a court as a result of criminal proceedings, which consists in removing the forced permanent assets in the patrimony of the person holding them.
  

(2) by good is any good, regardless of its nature, corporeal or incorporeal, mobile and immobile times documents or instruments evidencing the existence of a legal title or a right in respect of that property, the Court of the issuing State has determined that: a) constitute proceeds of crime or product correspond in full or in part the value of this product; or (b) such a tool) constitute offences.
  

c) can be seized on the basis of the extended confiscation powers according to the law of the issuing State.
  

— — — — — — — — Lit. c) of paragraph 2. (1) of article 1. 248 introduced item 62 of the art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(3) an offence Through the product shall mean any economic advantage arising from committing criminal acts. May take any form of good which came into existence by committing the offence.
  

(4) through the instrument of an offence means any kind of good which he used or was intended to use, in any way, in whole in part, times for committing the offence or offences.
  

(5) by cultural goods belonging to the national cultural heritage shall mean goods defined in accordance with art. 63 of law No. 182/2000 concerning the protection of the national cultural heritage mobile, republished, with subsequent amendments and additions, which transposes art. 1 (1). (1) Council Directive 93/7/EEC of 15 March 1993 on the return of cultural objects unlawfully removed from the territory of another Member State.
  

(6) where the criminal proceedings which led to the seizure relates to an offence and the offence of money laundering through the offence referred to in article. 262 para. (1) (a). f) offence.
  

(7) by the issuing State shall mean the Member State in which a court has issued an order of confiscation in criminal proceedings.
  

(8) the enforcing State shall mean the Member State to which the confiscation order has been forwarded for execution.
  

(9) by Council framework decision means 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 no. L 328 of 24 November 2006.
  


Article 249 of the confiscation Order and the certificate (1) confiscation order shall be issued in the form and according to the law of the issuing State and shall be accompanied by the certificate referred to in paragraph 1. 3. (2) where the 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 common question.
  

— — — — — — —-. (2) of article 9. 249 was modified by item 63 of the art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(3) the certificate shall be drawn up according to the standard form referred to in the annex. 4 and be signed and stamped by the judicial authority which ordered the confiscation. Also, the contents of the certificate must be certified by the issuing judicial authority.
  


Article 250 of the Romanian competent Authorities (1) the Romanian authorities competent to issue an order of confiscation are courts.
  

(2) if the order of confiscation issued by a judicial authority of a Member State, the jurisdiction of the Court of enforcement belongs to whose constituency lies the property subject to confiscation. Where the order of seizure: 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.
  

(3) in the case of multiple confiscation orders, submitted by several Member States, issuing the same goods, the competence lies with the court first referred to it.
  

(4) the central authority in application of article Romanian 3 paragraphs 1 and 2. (2) of the framework decision is the Ministry of Justice, which is intended to assist courts and transmit and receive orders for confiscation in cases where direct contact is not possible.
  


Article 251 scope


(1) If the facts which led to the issuance of an order of confiscation is one or more of the following offences, regardless of the designation of the law of the issuing State, and are sanctioned by the law of the issuing State with a prison sentence of a maximum duration of at least 3 years, the order of seizure is executed without verification of the double criminality 1. participation in a criminal group organized;
2. terrorism;
3. trafficking in persons;
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 communities within the meaning of the Convention of 26 July 1995 on the protection of the financial interests of the European communities;
9. washing products of the crime;
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 taking hostage;
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.

(2) For cases other than those referred to in paragraph 1. (1) the recognition and enforcement of a confiscation order shall be subject to the condition that the facts that gave rise to confiscation constitutes an arrangement deed that would allow the seizure under the law, whatever the legal qualification and constituents in the law of the issuing State, or anyway it would be described in the law that State deed.
  


Article 252 Amnesty, pardon and review of confiscation orders (1) Amnesty or pardon may be granted by the issuing State and the executing State.
  

(2) review the order of seizure may be ordered only by the issuing State.
  


(2) the procedure for the transmission by the Romanian authorities to confiscation orders and certificate Article 253 transmission of confiscation orders and certificate (1) confiscation order, together with the certificate referred to in article 1. 249, accompanied by a translation into the official language or languages of the Member State of enforcement or in another language accepted by the latter, shall be forwarded directly by the judicial authority issuing competent authority of the executing State by any means capable of producing a written record, and under such conditions as to enable the competent authority of the executing State to establish authenticity. The translation shall be made by the issuing judicial authority.
  

(2) the original confiscation order and the original of the certificate shall be sent to the State of execution upon request.
  

(3) where the issuing judicial authority does not know the authority competent to recognise and execute the confiscation order, it shall request the State of enforcement, through the contact points of the European judicial network in Romania, to provide information in this respect.
  

(4) direct transmission mentioned in paragraph 1. (1) is not permitted in the event that a Member State has designated a central authority for the transmission or receipt of the confiscation orders.
  

(5) all communications related to the recognition and execution of confiscation order shall take place directly between the issuing authority and the competent authority of the executing State shall, subject to paragraphs. (4) Article 254. Determination of the Member State competent to carry out the order of confiscation (1) confiscation order and the certificate referred to in article 1. 249 can be submitted by: (a) if the order of confiscation) the forfeiture of a sum of money, by the competent authority of the Member State in which the issuing judicial authority has reasonable grounds for believing that the person or entity to which the confiscation has been ordered or income property holds;
  

(b) confiscation order) if the seizure of parts of a good, the competent authority of the Member State in which the issuing judicial authority has reasonable grounds for believing that it is good that is subject to confiscation.
  

(2) in the absence of compelling clues, allowing the determination of the Member State to be forwarded to the issuing judicial authority may order, can transmit the order to seize the competent authority of the Member State where he is domiciled or has its seat of the natural or legal person against whom the order was issued.
  


Article 255 transmission of a confiscation order to one or more executing States (1) confiscation order may be transmitted only a single State, except as provided in paragraph 1. (2) and (3).
  

(2) confiscation order relating to parts of a good prompting can be transmitted by the executing state at the same time, when: (a) the judicial authority issuing) has reasonable grounds to believe that certain parts of the property subject to confiscation are situated in various locations across several States of enforcement;
  

(b) the forfeiture of a certain parts) from a good subject to seizure involves activities that involve actions on the part of several States executing or issuing judicial authority has reasonable grounds for believing that a specific part of a good subject to confiscation is in one of two or more Member States.
  

(3) order the confiscation of an amount of money may be more States executing at the same time, when issuing judicial authority deems it appropriate to transmit this way, for example, if the property in question was not made unavailable in accordance with Council Framework Decision 2003/577/JHA, or the value of the property that could be seized in Romania, as the issuing State , and in any of the States of enforcement is not sufficient for the execution of the entire amount set out in the order of seizure.
  


Article 256 effects of transmission of an order of confiscation (1) confiscation order to one or more executing States shall not prejudice the right of the Romanian judicial authority to order the execution of confiscation, according to the Romanian Code of criminal procedure.
  

(2) in the case of transmission by one or more Member States of the execution of a confiscation order concerning an amount of money, the amount arising from its execution may not exceed the maximum amount specified in the confiscation order.
  

(3) the issuing judicial authority shall inform without delay the competent authority of the executing State: a) where it considers, for example, on the basis of what information each of the enforcement States brought them to their attention that there is a risk to exceed the maximum amount set out in the order of seizure. If the issuing judicial authority was informed that confiscation order execution has been delayed, it shall inform without delay the competent authority of the executing state whether or not there is such a risk;
  

b) where seizure was executed in whole or in part in Romania or in one of the States. In the case of confiscation in part, issuing judicial authority specifies the amount for which the order of seizure are still running;
  

c) where, subsequent to the transmission of a confiscation order, a Romanian authority receives from the person against whom the order was issued to seize any amount of money that it paid voluntarily on behalf of confiscation order. In the event of seizure of the product of the crime, any part of the amount is deducted from the amount to be confiscated in the executing State. In this case, the judicial authority issuing specific Romanian amount in respect of which the order of seizure may be running.
  

(4) where, as a result of the execution of a confiscation order issued by a judicial authority, the enforcing authority Romanian has compensated any interested person, including third parties of good faith, the Romanian State will repay the State for executing the amount paid out as compensation.
  

(5) where the enforcement authority informs that execution of the order of seizure involves high expenses or exceptional, the judicial authority issuing Romanian may consider a proposal for the Division of costs based on detailed data sheets for payment presented by the enforcement authority.
  


Article 257 Termination execution of confiscation

The issuing judicial authority shall immediately bring the Romanian consciousness by the competent authority of the country of execution by any means capable of producing a written record, any decision to cancel the confiscation measure or withdraw the order of confiscation, for whatever reason.


(3) enforcement proceedings by the Romanian authorities of confiscation orders Article 258 Measures leading up to (1) when the Court receives an order for confiscation within 24 hours of receipt, checks whether the order is accompanied by a translation into the Romanian language.
  

(2) where no confiscation order is translated, the Court shall request the competent authority of the issuing State shall remit the translation, within a period of not more than 5 days.
  

(3) the allocation of the case shall be made in accordance with the applicable legal provisions, a full consisting of a single judge, the judgment cannot be set more than 5 days.
  

(4) if the Court considers that it is not competent to recognise and take appropriate measures to ensure the execution of the confiscation order, ex officio, transmit the order to seize the competent court to recognize and enforce it and shall inform the competent authority of the issuing State. In the event that the seizure order does not contain sufficient information to determine the of its competence, the Court may request the competent authority of the issuing State shall transmit additional information or certificate referred to in article 1. 249, in a situation where it was not originally transmitted, setting a deadline of no more than 5 days during which the competent authority of the issuing State to transmit such documents.
  


Article 259 rules on recognition and execution of confiscation orders (1) the order of confiscation issued by a competent authority of a Member State shall recognise without any other formality, unless that is the incident one of the reasons for non-recognition. 262. (2) the order of confiscation issued by a competent authority of a Member State, recognised by the Court, shall be enforced forthwith, except where the incident is one of the reasons for deferment under article 4. 263. (3) in case of refusal of recognition of an order of confiscation, the Court is considering whether to consult with the competent authority in the issuing State, prior to the pronouncement of a judgment in this respect. Where the refusal is based on the grounds referred to in article 1. 262 para. (1) (a). a), b), (e)), f) or (g)), consultation is mandatory. Also, consultation is obligatory in the case referred to in article 1. 262 para. (1) (a). (d) where the competent authority) from the issuing State shall be informed in accordance with article no. 267 paragraph 1. (3) and (4) where the person to whom it was ordered the confiscation can provide proof of confiscation, in whole or in part, in any State, the Court shall consult the competent authority of the executing State. In the case of confiscation of the products of the crime, any part of the amount which is recovered under the confiscation order in any state other than the State, shall be deducted from the amount to be confiscated by the Court.
  

(5) the Court may order the taking of measures alternative to the confiscation order, including imprisonment or other custodial measures, only if the competent authority of the issuing State has expressed in writing their agreement to this effect.
  

(6) where the order of confiscation concerns a sum of money, the Court converted, if necessary, the amount of money subject to confiscation in national currency at the exchange rates existing at the date on which the order was issued to seize.
  

(7) where the execution of the order of seizure involves high expenses or exceptional execution Romanian judicial authority may inform the competent authority of the issuing State and shall propose the Division of the expenses on the basis of payment detailed data sheets prepared in this regard.
  


Article 260 the law applicable to the enforcement of confiscation orders is governed by the Romanian law, the Romanian authorities being the only ones in a position to decide on the execution of confiscation, including with regard to the measures to be taken in this regard.


Article 261 Confiscation in special cases (1) If an order for confiscation concerns a specific part of a property, where the issuing authority consents, and if such a possibility is permitted by the law of both States, the Court may order confiscation by equivalent monetary value corresponding to the asset subject to confiscation.
  

(2) If the order of confiscation concerns a sum of money, if the sum of money cannot be achieved in full, the Court may order the confiscation of any part of a good will be found available.
  


Article 262 Reasons for non-recognition or non-enforcement (1) except in cases referred to in article 1. 251 paragraph 1. (2) the recognition and execution of confiscation orders may be refused if: a) the certificate referred to in art. 249 is not annexed, is incomplete or manifestly does not correspond to the order of seizure;
  

b) executing the seizure would be contrary to the principle of non bis in idem;
  

(c) Romanian law stipulates a) immunity or a privilege which make it impossible to execute the confiscation order;
  

(d) any interested party) rights, including rights of third parties in good faith, make it impossible to execute the confiscation order, including where it is a consequence of the application of the provisions for the legal protection of rights according to art. 267;
  

e) person was not personally present 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 (ii) having 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 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 an appeal, may be abolished, the person convicted or has expressly renounced the retrial or appeal exercise either not requested review of his times did not, within the period prescribed by law, the remedy;
— — — — — — — — Lit. s) para. (1) of article 1. 262 amended by point 64 article. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(f) the confiscation order) based on criminal proceedings with respect to offences which:-according to the Romanian legislation shall be regarded as having been committed in whole or in part, in the territory of the Romanian State; or have been committed outside the territory of the issuing State, and Romanian legislation does not allow measures against crimes which have been committed outside the territory of the Romanian State;

g) executing the seizure affect constitutional principles;
  

h) executing the seizure was prescribed by law, provided that the crimes should be a matter for Romanian authorities according to internal criminal law.
  

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.
  

— — — — — — — — Lit. I) para. (1) of article 1. 262 was introduced by the pct. of article 65. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

(2) In the case referred to in paragraph 1. (1) (a). the Court may), to set a time limit for the transmission or the completion of the fold correction.
  

(3) any decision to refuse recognition and enforcement shall be taken and notified as soon as possible to the competent authorities of the issuing State.
  

(4) where, in practice, the execution of the order of confiscation is not possible because the property subject to forfeiture has disappeared, has been destroyed, cannot be found at the location indicated in the certificate or that the place where the property is found not to have been shown in a sufficiently clear even after consultation with the issuing State, the Court shall immediately inform thereof the competent authority in the issuing State.
  


Article 263 Postponing execution of the confiscation order (1) the Court may postpone the execution of a confiscation order transmitted: a) If, in the case of a confiscation order concerning an amount of money, it considers that there is a risk that the total amount resulting from enforcement exceed the amount specified in the order due to its simultaneous execution in several Member States;
  


b) in the case of the claims to which reference is made in article 24. 267;
  

c) if it considers that the immediate execution of the confiscation order might prejudice a pending criminal proceeding; the postponement until the date from which enforcement is possible;
  

d) when compared to the goods covered by the confiscation order has been ordered seizure in a criminal trial.
  

(2) in the case of postponement, the Court shall, for the duration of the postponement, all necessary measures, similar to action taken in cases provided for by domestic law, to prevent the disappearance of assets subject to confiscation.
  

(3) in the case of postponement provided for in paragraph 1. (1) (a). It has), the Court shall, without delay, by any means capable of producing a written record, the competent authority in the issuing State.
  

(4) in the cases referred to in paragraph 1. (1) (a). b) and (c)), the Court shall draw up a report on the causes of procrastination, including, if possible, and the planned duration for postponement, the report will be submitted to the competent authority in the issuing State.
  

(5) as soon as the reasons for the postponement have ceased to exist, the Court shall take all necessary measures for the execution of the confiscation order and inform the competent authority of the issuing State.
  


Article 264 Order multiple confiscation where the Court investigated: a) two or more confiscation orders concerning an amount of money, which had been issued against the same natural or legal person, and the person concerned does not submit sufficient in Romania in order to execute all orders; or (b)) two or more confiscation orders concerning the same property, it shall take into account all the circumstances, including the gravity and normative regulatory Commission seeks assets, the place where the offence was committed, date of issue and the date of transmission of the orders in question in order to decide which of the confiscation orders would be executed.
  


Article 265 disposition of seized goods (1) the Romanian State, through its competent bodies, dispose of the moneys received as a result of execution of an order of confiscation as follows: a) where moneys received as a result of execution of an order of confiscation have a value under 10,000 euro or the equivalent in lei of these allocations, they do come from the State budget;
  

b) in all other cases, 50% of the amount obtained as a result of the execution of a confiscation order will be transferred to the issuing State.
  

(2) In the case of other property, the confiscation shall be executed in one of the following ways: (a) the goods may be seized) harness, through sale, according to legal provisions, in which case the amount obtained as a result of recovery are distributes according to paragraph 1. (1); confiscated goods or b) may be transferred to the issuing State. If the confiscation order covers part of the value of the order, the goods shall be transferred to the issuing State, only if the competent authority of that State consents;
  

c) when may not apply the provisions of subparagraph (a). or b) to), it may order in respect of goods seized in another way, in accordance with the provisions of the law.
  

(3) the cultural part of the national heritage were subject to seizure may not be sold or transferred.
  

(4) the provisions of paragraphs 1 and 2. (1) to (3) shall apply unless otherwise specified by an agreement concluded between the Romanian State and of the issuing State.
  


Article 266 information concerning the outcome of the execution of the enforcement Authority shall notify without delay the competent authority of the issuing State, in respect of: (a) an injunction) the communication by the competent Romanian Court confiscation, under art. 258 in paragraph 1. (4);
  

(b) a reasoned judgment) which has refused recognition of the order of seizure;
  

(c) the total or partial non-execution) of confiscation orders for the reasons referred to in article 1. 252, art. 259 paragraph 3. (3), art. 260 and 264;
  

d) execution of the order, once it has been achieved;
  

e) measures of confiscation order execution alternatives, according to art. 259 paragraph 3. (5) Article 267 Compensation (1) any interested party, including bona fide third parties involved, shall be entitled to compensation, in accordance with the law, in case of violation of his rights through the recognition and execution of a confiscation order.
  

(2) substantive Reasons have led to the issuing of the order of confiscation can not be challenged in the Court of the Romanian enforcement.
  

(3) where an action is brought in the claims before the Court, it shall inform the competent authority in the issuing State.
  


Article 268 (1) without prejudice to the provisions of article 3. 267 paragraph 1. (2) where the State is responsible for injury caused to one of the persons concerned, including third parties in good faith, as a result of the execution of a confiscation order transmitted to the judicial authority for execution, it will request the issuing State any amount paid as compensation to the person concerned, unless and insofar as the damage or a part of it is exclusively due to the conduct of the authorities.
  

(2) the provisions of paragraphs 1 and 2. (1) without prejudice to the legal provisions relating to claims made by the actions of natural or legal persons.
  


Title VIII final provisions Article 269 on the date of entry into force of this law shall be repealed): a) Law No. 296/2001 on extradition, published in the Official Gazette of Romania, part I, no. 326 of 18 June 2001;
  

b) Law No. 704/2001 on international legal assistance in criminal matters, published in the Official Gazette of Romania, part I, no. 807 on December 17, 2001;
  

c) Law No. 756/2001 on the transfer of sentenced persons abroad, published in the Official Gazette of Romania, part I, no. 2 of 4 January 2002;
  

d) Government Ordinance 69/1999 in order to facilitate the application of international conventions in the field of transfer of sentenced persons, to which Romania is a party, in respect of teaching-the takeover was approved by Law, convicts, nr. 113/2000, published in the Official Gazette of Romania, part I, no. 415 august 30, 1999;
  

e) art. 519-521 of the code of criminal procedure;
  

(f) any other provisions to the contrary).
  


Article 270 (1) this Act enters into force) to 60 days from the date of publication in the Official Gazette of Romania, part I, with the exception of the provisions of cap. IV of title II, of title III, the provisions of cap. III of title IV and the head. Of title VII, which will enter into force on the date of accession of Romania to the European Union.
  

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) this law was published in the Official Gazette of Romania, part I, no. 594 from 1 July 2004.

(2) from the date of accession of Romania to the European Union, will replace the provisions of title III, in relation to the EU Member States, the provisions in respect of extradition, except where the Member State in whose territory is situated the pursued person made statements within the meaning of the non-Council Framework Decision of 13 June 2002 on the european arrest warrant and the surrender procedures between Member States of the European Union for acts committed before a certain date.
  


Article 271 appendices. 1-10 are an integral part of this law.
— — — — — — —- 271 was introduced by item 66 of the art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.

* This law transposes into national law the provisions of the framework decisions of the European Union in the field of judicial cooperation in criminal matters, as follows: 1. Council framework decision 2002/584/JHA of 13 June 2002 on the european arrest warrant and the surrender procedures between the Member States and 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.
--------the mention of transposition of framework decisions of the European Union has been amended item 67 of the art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.


Annex 1 EUROPEAN ARREST WARRANT * 1) ─ ─ ─ ─ ─ ─ ─ ─ ─ * 1) this mandate has to be filled or translated into one of the official languages of the executing Member State, when that State is known, or one of any other languages accepted by that State. this mandate has been issued by a competent judicial authority. I request that the person mentioned below should be arrested and handed over to judicial authorities for criminal prosecution or the execution of punishment times safety measures involving deprivation of liberty.
 ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ of) information concerning the identity of the person requested ││ Name:. .. │ │ Forenames:.. │ │ had the Name before marriage (if applicable): │ │ Alias (if applicable): │ │ │ │ Sex: Nationality: │ │ date of birth: place of birth: │ │ │ │ Residence and/or place of residence known: │ │ language/languages you understand a person required/(where/are ││ known): ││ specific physical Traits/description of person required: │ │ │ │. Photograph and fingerprints of the person requested, if available ││ messages and can send, or address of the person who may be contacted with ││ aim to get them or to get a characterization of DNA (if it has not been included ││ such information and ordering it to transmit its) │ └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ b) decision therefore ││ mandate 1. The term of arrest warrant or judicial decision having the same effect: │ │ │ │ 2: Type. A final and enforceable judgment: │ │ │ │. Reference: │
 └────────────────────────────────────────────────────────────────────────────┘
 ┌────────────────────────────────────────────────────────────────────────────┐
 │c) Informaţii privind durata pedepsei: │
 │1. The maximum length of sentence or measure involving deprivation of free safety-││ tate may apply for the offense or offenses: │
 │.│
 │.│
 │2. The duration of the punishment or safety measure involving deprivation of liberty applied: │ │ │ │ │ │. 3. The punishment is executed: │ │ │ └. ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ d) specify whether the person was present in person at the trial in ││ which was pronounced judgment: ││ 1. [] Yes, this person has been present in person at the trial which has been rendered ││ judgment. │
 │2. [] No, no person was present in person at the trial which ││ was pronounced judgment. │
 │3. If you have ticked the box in item 2, please confirm the existence of one of the following items │ │ │ │ to: 3.1. [] the person was cited personally from (day/month/year) and by ││ result, informed of the date and place set for the process in which ││ was handed down the judgement and was informed that it can be pronounced a judgment │ │ where fails to appear at the trial; │
 │sau │
 │3.1b. [] the person has not been cited personal, but actually received by other means ││ official information regarding the date and place fixed for ││ process in which judgment has been rendered in such a way that it was unequivocally ││ established that the person concerned was unaware of ││ process established and was informed of the fact that it can be pronounced a judgment │ │ where fails to appear at the trial; │
 │sau │
 │3.2. [] unaware of the process established, authorized a lawyer who has been appointed ││ either by the person concerned, be ex officio to defend ││ 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 was expressly informed with regard to the right to retrial ││ or cause appeal, which has the right to be present and allowing │ │ as the facts of the case, including evidence, let him be ││ reviewed and that could lead to the dismantling of the initial judgment; ││ person and shown that it does not dispute that judgment; │ │ │ │ or [] no person has applied for retrial or promoting an ││ attack within the time; │
 │sau │
 │3.4. [] the person has not been handed over personal judgment, but judgment: │ │-will be handed over without delay after teaching staff; │ │-and at the time that the judgment shall be given, the person will be informed specifically ││ about right to retrial or appeal ││ which has the right to be present and allowing the situation actually ││ cause, including new evidence, to be reviewed and likely to lead to the abolition of │ │ initial judgment; │ │-and the person will be informed of the time frame in which you have to request │ │ retrial or promoting a remedy that is ││ days. │
 │4. If you have ticked the box in section 3.1, 3.2, 3.3, or b, please provide │ │ information regarding how it was fulfilled on condition │ │ │ └ relevant: ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘--------Lit. d) of annex 1 of the amended point 68 of the art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.
 ┌────────────────────────────────────────────────────────────────────────────┐

 │ e) Crime (crime) │ │ This mandate concerns a total of t. .. offenses. │ │ Description of circumstances under which it was/were committed the offence/offences-││ them, including time (date and time), place and degree of participation in this/these ││ person required: │ │ │ │ │.. │ legal nature and classification of the facts and applicable law/││ applicable code: │
 │.│
 │.│
 │I. Where appropriate, to mark one or more of the following ││ facts, sanctioned in the issuing Member State with a prison sentence allowed │ │ bertate or detention order of a maximum duration of at least 3 years, ││ as defined in the law of the issuing Member State: │ │ [] participation in an organized criminal group; │ │ [] terrorism; │ │ [] trafficking in persons; │ │ [] sexual exploitation of children and child pornography; │ │ [] illicit traffic in 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 of 26 July 1995 on the protection of th-││ introduction of European communities; │ │ [] laundering offence products; │ │ [] counterfeiting currency, including of the euro; │ │ [] crimes related to cybercrime; │ │ [] environmental crime, including trafficking of species of animal and vegetable ││ endangered; │ │ [] facilitation of illegal entry and stay; │ │ [] murder and serious bodily injury; │ │ [] illicit traffic in human organs and tissues; │ │ [] being deprived of freedom unlawfully, kidnapping and hostage taking; │ │ [] racism and xenophobia; │ │ [] organised or armed theft; │ │ [] illicit trafficking in cultural goods, including antiques and works of art; │ │ │ │ [] deception; │ │ racketul [] and extortion; │ │ [] counterfeiting and piracy of goods; │ │ [] forgery of official documents and the use of forged official documents; │ │ [] 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; │ │ [] burning with intent; │ │ [] crimes which come under the jurisdiction of the International Criminal Court; │ │ [] unlawful seizure of ships and aircraft; │ │ [] sabotage. │ │. A detailed description of the deed or deeds that do not fall under section i: │ │ │ │ │ │ │.. └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ f) Other relevant circumstances (optional information) │ │ (may include comments on extraterritoriality, the interruption of prescription ││ deadlines or consequences of the crime.) │ │ │ │ │.. └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ g) this term refers also to the confiscation and remission ││ objects that may constitute the sample material means. │ │ This term refers also to the confiscation and submit their objects-││ obtained by the person sought as a result of the offence. │ │ Description (and location) of the objects (if known): │ │ │ └. ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ h) the offence or offences for which it was issued this mandate are ││ sanctioned with punishment commuted to life imprisonment or a detention order on ││: │ │-the laws of the issuing Member State shall provide for the review of death penalty ││ applied or conditional release, after more than 20 years of pedeap-││ to applied, in order to execute the sentence or measure; │ │ │ │ and/or-the laws of the issuing Member State shall lay down implementing measures ││ clemency to which the person concerned has the right, pursuant to the law or practice of │ │ the issuing Member State, for the purpose of execution of punishment or ││ measure. │ └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ i) the judicial authority issuing this warrant ││ official name: ││ Representative Name: │ │ function (function/degree): │ │ dossier Reference: ││ Address: │ │ phone number (country code) (area code) (): │ │ fax number (country code) (area code) (): │ │ E-mail: │ │ contact Address (responsible for carrying out teaching actual ││): │ │ where it designates a central authority for the transmission and reception ││ European arrest warrants ││ Central Authority Name: │ │ contact person, where (function/rank and name): │ │ Address: │ │ phone number (country code) (area code) (): │ │ fax number (country code) (area code) (): │ │ E-mail: │ │ the data of the person who may be contacted to take the measures needed practical teaching ││ person: │ │ │ │. Where is designated a central authority for the transmission and receipt of │ │ European arrest warrants │ │ │ central authority: Designation │ │ │. contact person, where appropriate (function/rank and name): │ │ │ │. Address: │ │ │ │. Telephone number (country code) (area code or city): │ │ │ │. fax number (country code) (area code or city) (): │ │ │ │ E-mail.: │ └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ issuing judicial authority, the Signature of representative ││ both │ │ │ │. Name:. .. │ │ function (function/degree): │
 │Data: .│
 │Ştampila oficială (dacă există) │
 └────────────────────────────────────────────────────────────────────────────┘


Anexa 2

CERTIFICAT
 ┌────────────────────────────────────────────────────────────────────────────┐

 the Judicial Authority │) who issued the order to indisponibilizare ││ official name ││ representative Name: │ │ Position held (function/title): │ │ │ │ │. │ Reference file. .. │ │ Address: │ │ phone (country code) (area/city code) │ │ Fax: (country code) (area/city code): │ │ E-mail: │ │ the languages in which it is possible to communicate with the judicial authority: │ │ contact details (including the languages in which it is possible to communicate with ││ person/persons) of the person (s) to be contacted │ │ (contacted) where additional information is required for the execution of the order │ │ realization of necessary arrangements for remission ││ samples (if applicable): │ │ │ │ │.. └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ b) competent authority for execution of the order of indisponibilizare in the issuing State ││ ││ official name │ │ Representative Name: │ │ Position held (function/title): │ │ │ │ │. │ Reference file. .. │ │ Address: │ │ phone (country code) (area/city code) │ │ Fax: (country code) (area/city code): │ │ E-mail: │ │ the languages in which it is possible to communicate with the judicial authority: │ │ │ │. contact details (including the languages in which it is possible to communicate with ││ person/persons) of the person (s) to be contacted │ │ (contacted) where they are necessary for the execution of the order │ │ further information necessary for the completion of the fold arrangements │ │ sample submission (if applicable) : .. │
 │.│
 │.│
 └────────────────────────────────────────────────────────────────────────────┘
 ┌────────────────────────────────────────────────────────────────────────────┐
 │c) Dacă atât lit. to subparagraph (c)). b) were completed, to be completed this ││ point to show that authority and/or if both authorities should be contacted/││ contacted. │ │ [] the authority indicated at (a). a) ││ [] the authority indicated at (a). │ └ b) ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ d) where a central authority is responsible for the transmission and reception │ │ indisponibilizare orders (only applies for Ireland │ │ and United Kingdom of Great Britain and Northern Ireland): │ │ Central Authority Name: │ │ contact person, where (function/rank and name): │ │ │ │. Address: │ │ reference number: │ │ phone number (country code) (area code) (): │ │ │ │. fax number (country code) (area code) (): │ │ │ │ E-mail.: │
 └────────────────────────────────────────────────────────────────────────────┘
 ┌────────────────────────────────────────────────────────────────────────────┐
 │e) Ordinul de indisponibilizare │
 │1. Date and, if available, the reference number: │ │ 2. Indicate the purpose of the order: │ │ 2.1. Subsequent confiscation │ │ 2.2. The formation of samples ││ 3. Description of the formalities and procedure to be followed to exe-││ wrinkling a indisponibilizare order of the samples (if applicable): │ │ │ └. ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ f) information relating to the property or evidence covered by the order of the State indisponibilizare │ │ executing ││ description of goods or samples and location │ │ 1. the precise Description of the goods) and, where appropriate, the maximum amount that you want ││ recovered (if the maximum amount is specified in the order concerning ││ products offense): │ │ b) precise Description: │ │ 2. The exact location of the goods or of the samples (if not known, last known location │ │): │ │ 3. The party who has custody of the goods or samples times the owner a cut of-││ goods or samples, where it's not about ││ person suspected of committing the offence or convicted (if ││ this applies in the national law of the issuing State): │ └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ g) information concerning the identity of the natural person or legal person │ │ (2) suspected of committing the offence convicted times (if ││ this applies in the national law of the issuing State) and/or a per-│ │ PLE targeted by the order of indisponibilizare (if applicable) ││ 1. Individuals: │ │ │ │ Name: first name: ││ former name of marriage (if applicable): │ │ Alias (if applicable): │ │ │ │ Sex: Citizenship: │ │ date of birth: place of birth: │ │ │ │ Residence and/or place of residence (if you know it will be mentioned ││ last known address): │ │ │ │. Language/languages a person/he knows (if applicable): │ │ │ └. ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ 2. Legals ││ Name:. .. │ │ legal entity Form: │ │ registration number: ││ registered: │ └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ h) measures to be taken by the executing state after ordinu his-indisponibilizare │ │ │ │ │ │ the seizure of 1.1. The property must be preserved in the State of enforcement with a view to subsequent confiscation │ │ │ │ 1.1.1. Attach a request for enforcement of an order of confiscation issued by the issuing State ││ at th. .. │ │ 1.1.2. Attach a request for confiscation in the executing State and executes ││ rea of an order of confiscation │ │ 1.1.3. The estimated date for the transmission of one of the applications referred to in item ││ 1.1.1 or 1.1.2 in paragraph │

 │ │ │ or formation of samples ││ 2.1. The goods must be delivered to the State of enforcement to serve as new e-sample you ││ ││ 2.1.1. Attach a request for delivery of goods or │ │ │ │ 2.2. The property to be kept in the State of enforcement to serve as evidence in State │ │ │ │ issuing 2.2.2. The estimated date for delivery of the application referred to in point 2.1.1. │ │ │ └. ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ │ │ Offences i) description of the grounds of the order of indisponibilizare and summary facts ││ known by the judicial authority which issued the order to indisponibilizare ││ and certificate: ││. ││ nature and legal classification of criminal offences and the text of the law on the basis of which │ │ had become temporarily unavailable: │
 │.│
 │I. Where appropriate, to mark one or more of the following ││ facts, sanctioned in the issuing Member State with a prison sentence allowed │ │ bertate with a maximum duration of at least 3 years, as defined in them ││ BOR legislation of the issuing Member State: │ │ [] participation in an organized criminal group; │ │ [] terrorism; │ │ [] trafficking in persons; │ │ [] sexual exploitation of children and child pornography; │ │ [] illicit traffic in 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 of 26 July 1995 on the protection of the inte-││ reselor of the European communities; │ │ [] laundering offence products; │ │ [] counterfeiting currency, including of the euro; │ │ [] crimes related to cybercrime; │ │ [] environmental crime, including trafficking of species of animal and vegetable ││ endangered; │ │ [] facilitation of illegal entry and stay; │ │ [] murder and serious bodily injury; │ │ [] illicit traffic in human organs and tissues; │ │ [] being deprived of freedom unlawfully, kidnapping and hostage taking; │ │ [] racism and xenophobia; │ │ [] organised or armed theft; │ │ [] illicit trafficking in cultural goods, including antiques and works of art; │ │ │ │ [] deception; │ │ racketul [] and extortion; │ │ [] counterfeiting and piracy of goods; │ │ [] forgery of official documents and the use of forged official documents; │ │ [] 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; │ │ [] burning with intent; │ │ [] crimes which come under the jurisdiction of the International Criminal Court; │ │ [] unlawful seizure of ships and aircraft; │ │ [] sabotage. │ │. A detailed description of the crime or crimes that are not covered by section │ │ i: │ │ │ └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ j) Legal Remedies against the order of the indisponibilizare of the persons concerned, including ││ persons of good faith, available in the issuing State │ │ │ │ description of legal remedies available, including actions that need to be satisfied │ │ │ │ Court which may apply to such appeal : .. │ │ information on people who have the quality to pursue the path of ││ attack: ││ deadline for declaring the appeal: │ │ the authority in the issuing State which can provide additional information about the procedure │ │ to pursue the appeal in the issuing State and with ││ relating to legal aid and translation services available: │ │ Name:. .. │ │ contact person (if any): address: │ │.. │ │ phone number (country code) (area code) (): │ │ │ │. fax number (country code) (area code) (): │ │ │ │ E-mail.: │ └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ k) Other relevant circumstances (optional information): │ │ │ │ │.. └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ l) indisponibilizare order is annexed to this certificate │ │ signature of the issuing judicial authority and/or its representative │ │ attesting to the accuracy of the information contained in the Certificate ││ Name:. .. │ │ Position held (title/function): │ │ │ │ Date: official stamp (if available) │ └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ CERTIFICATE Annex 3 ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ │ │ the issuing State): │ │ the enforcing State. │ └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ b) the authority that issued the decision that the sanction has been applied to pecuniary │ │ │ │ full official designation: │ │ Address: │ │ Nr. reference file (): │ │ phone (country code) (area/city code) │ │ Fax: (country code) (area/city code): │ │ email (if any): │ │ the languages in which it is possible to communicate with the issuing authority: │ │ │ │. contact details of the person (s) from which you can obtain in-││ additional bands for the purpose of execution of the decision or for the purpose of trans-iron by ││ issuing State of the funds obtained from enforcement where appropriate, │ │ (name, position/rank, phone, fax number and, if available, e-mail address): │ │ │ └. ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐

 │ c) competent authority for enforcement of the decision by which it has been applied to pecuniary sanction ││ in the issuing State [if it is different from the one at │ │ b)] │ │ full official designation: │ │ Address: │ │ phone (country code) (area/city code) │ │ Fax: (country code) (area/city code): │ │ email (if any): │ │ the languages in which you can communicate with the authority responsible for enforcing │ │ │ │.: │ │ contact details of the person (s) from which you can obtain in-││ additional bands for the purpose of execution of the decision or for the purpose of trans-iron by ││ issuing State of the funds obtained from enforcement where appropriate, │ │ (name, title/rank, phone, fax and email, if any): │ │ │ └. ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ d) If a central authority was tasked with sending the administra-tive ││ decisions which have applied to pecuniary penalties in the State issuing ││ ││ central authority Name: │ │ contact person, where (function/rank and name): │ │ │ │ Address: │
 │.│
 │Nr. reference file: ││ phone: (country code) (area/city code): │ │ Fax number (country code) (area/city code): │ │ email (if any): │ └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ e) authority or authorities which may be contacted [where ││ c) and/or lit. d) has/have been completed (completed)] │ │ [] authority referred to in subparagraph (a). │ │ b) can be contacted for questions regarding: │ │ [] authority referred to in subparagraph (a). │ │ c) can be contacted for questions regarding: │ │ [] authority referred to in subparagraph (a). │ │ d) can be contacted for questions regarding: │ └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ f) information concerning the physical or legal person to whom it was applied to pecuniary sanction │ │ │ │ 1. In the case of a natural person ││ name:.: ││. │ │ maiden name, if applicable: │ │ Alias, if applicable: │ │ │ │ Sex: Nationality: │ │ identification number or social security number (if ││ exists): │ │ birthdate: place of birth: │ │ │ home │. Last known: │ │ language or in the languages they understand a/person (if known): │ │ a) where the decision is transmitted to the executing State as person & JV-││ which pronounced the decision has his habitual colonists ││ the its, add the following information: │ │ habitually resident in the State of enforcement: ││ b) where the decision is transmitted to the executing State because the person against whom ││ has rejected the decision of the State property, add the following information │ │ Description of goods: │ │ │ │ person: the location where the goods of the person: │ │ c) where the decision is transmitted to the executing State because the person against whom ││ pronounced the decision has a source of income in the State of enforcement, add │ │ information │ │ the following: description of the source or sources of income of the person: │ │ Location source (s) of the income of the person: │
 │2. In the case of a legal person Name ││:.. │ │ organisational form of the legal entity: ││ registration number (if applicable): │ │ registered (if applicable): │ │ legal address: ││ a) where the decision is transmitted to the executing State as a legal person against whom ││ pronounced the decision holds assets in the State of enforcement, add │ │ information │ │ the following description of goods: the legal entity: │ │ the whereabouts of the goods of the person: ││ b) where the decision is transmitted to the executing State as a legal person against whom ││ pronounced the decision has a source of income in the enforcing State ││, add the following information: ││ Description source or sources of income of the legal person: │ │ Location source (s) of income of the legal person: │ │ │ └. ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ g) decision has been applied to a pecuniary penalty ││ 1. The kind of decision that has applied a penalty payment (please tick appropriate box ││): │ │ [] (i) the decision of a Court of the issuing State in connection with an offence law ││ issuing State; │ │ [] (ii) the decision of an authority of the issuing State other than a court, │ │ in connection with an offence under the law of the issuing State. It is confirmed that the person concerned │ │ had the possibility of re-opening ││ by a court competent in criminal matters; │ │ [] (iii) the decision of an authority of the issuing State other than a court, in connection with ││ facts which are punishable under the national law of the issuing State ││ as violations of legal norms. It is confirmed that the person concerned had ││ can apply for proceedings by a Court of competent jurisdiction ││ in criminal matters; │ │ [] (iv) the decision of a competent court in criminal matters, in relation to a decision of the │ │ referred to in point (iii) │ │ Decision has been taken to date. │ │ final Decision remained to date: │ │ decision reference number (if known): │ │ pecuniary Sanction constitutes an obligation of payment (tick the box or that appropriate ││ suţele and specify the amount or amounts, indicating the currency where ││ is expressed) concerning: ││ [] (i) a sum of money as the conviction for an offence, rendered by a │ │ │ │ decision Amount ││: [] (ii) the compensation granted by the same decision for the benefit of victims ││ when the victim can't be civil party in the trial court, and the standard-││ in exercising its competence moves in criminal matters ││ ││ Amount: [] (iii) an amount of money corresponding to the expenses caused by judicia procedure-││ war or administrative which resulted in the delivery of the decision: ││. ││ [] (iv) a sum of money to a public fund or a SUP-││ jin for victims by the same decision, pronounced ││ ││ Amount: total amount of the pecuniary penalty, specifying the currency in which it is expressed: │ │.. │
 │2. Summary of the facts and the circumstances in which the description was (were) committed the offence │ │ (crimes), including the date and place: │ │ │ │ │.. │ legal nature and classification of the offence (or crime) and applicable legal provisions ││ upon which the decision was pronounced: │ │ │ │ │.. │ 3. To the extent that the Act (the acts) (specified) the specified section 2 constitute ││ law one or more of the following offences, confirm this │ │ checkmarking thing or the corresponding boxes: ││ [] participation in an organized criminal group; │

 │ [] terrorism; │ │ [] trafficking in persons; │ │ [] sexual exploitation of children and child pornography; │ │ [] illicit traffic in 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 of 26 July 1995 on the protection of the financial interests of │ │ the European communities; │ │ [] laundering offence products; │ │ [] counterfeiting currency, including of the euro; │ │ [] crimes related to cybercrime; │ │ [] environmental crime, including trafficking in species ││ and endangered plant; │ │ [] facilitation of illegal entry and stay; │ │ [] murder and serious bodily injury; │ │ [] illicit traffic in human organs and tissues; │ │ [] being deprived of freedom unlawfully, kidnapping and hostage taking; │ │ [] racism and xenophobia; │ │ [] organised or armed theft; │ │ [] illicit trafficking in cultural goods, including antiques and works of art; │ │ │ │ [] deception; │ │ racketul [] and extortion; │ │ [] counterfeiting and piracy of goods; │ │ [] forgery of official documents and the use of forged official documents; │ │ [] 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; │ │ [] burning with intent; │ │ [] crimes which come under the jurisdiction of the International Criminal Court; │ │ [] unlawful seizure of ships and aircraft; │ │ [] sabotage; │ │ [] behaviors that violate the regulations governing road traffic, │ │ including violations of regulations governing the hours of driving and │ │ rest periods and regulations on hazardous goods; │ │ [] smuggling; │ │ [] violation of intellectual property rights; │ │ [] threats and acts of violence against persons, including violence within ││ sports events; │ │ [] damages subject to criminal law; │ │ [] theft; │ │ [] offences established by the issuing State in order to put into effect the ││ obligations arising from international instruments adopted under ││ Treaty establishing the European Community or │ │ pursuant to Title VI of the Treaty on European Union. │ │ If this box is checked, specify instrument provisions adopted on the basis of │ │ the Treaty establishing the European Community or │ │ the Treaty on European Union is linked to the offence: │ │ │ │ 4. To the extent that the Act (the acts) (specified) the specified item 2 is not │ │ (not covered) in point 3, describe in full the ││ crime (crime): │ │.. │ └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ h) Status decision has been applied to pecuniary sanction ││ 1. You acknowledge that (tick the boxes): │ │ [] the decision has become final); │ │ [] b) following information held by the authority issuing the certificate, not ││ has rejected any decision against the same person, and in respect of the same facts ││ in enforcing State and any decision rendered ││ in any State other than the issuing State or the executing State, it has not been enforced ││. │
 │2. Specify whether the cause was the subject of a written procedure: │ │ [] a), did not do; │ │ [] b) Yes, it did. It is confirmed that the person concerned was, in accordance with the law on ││ issuing State, informed personally or through a representative authorized under ││ national law with respect to its right to contest the ││ cause and the deadlines for exercising an appeal. │
 │3. You can specify whether the person concerned was present in person at ││ process which was pronounced judgment: ││ 1. [] Yes, this person has been present in person at the trial which has been rendered ││ judgment. │
 │2. [] No, no person was present in person at the trial which ││ was pronounced judgment. │
 │3. If you have ticked the box in item 2, please confirm the existence of one of the following items │ │ │ │ to: 3.1. [] the person was cited personally from (day/month/year) and by ││ result, informed of the date and place set for the process in which ││ was handed down the judgement and was informed that it can be pronounced a judgment │ │ where fails to appear at the trial; │
 │sau │
 │3.1b. [] the person has not been cited personal, but actually received by other means ││ official information regarding the date and place fixed for ││ process in which judgment has been rendered in such a way that it has been established unequivocally │ │ that he was unaware of the process established and ││ was informed of the fact that it can be rendered a judgment in ││ if fails to appear at the trial; │
 │sau │
 │3.2. [] unaware of the process established, authorized a lawyer who has been appointed ││ either by the person concerned, be ex officio to defend ││ 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 was expressly informed with regard to the right to retrial ││ or cause appeal, which has the right to be present and allowing │ │ as the facts of the case, including evidence, let him be ││ reviewed and that could lead to the dismantling of the initial judgment; ││ person and shown that it does not dispute that judgment; │ │ │ │ or [] no person has applied for retrial or promoting an ││ attack within the time; │
 │sau │
 │3.4. [] person having been expressly informed about the procedure and the │ │ the opportunity to present themselves in person at the trial, to ││ expressly stated that waives the right to a hearing and indicated in that │ │ does not cause. │
 │4. If you have ticked the box in section 3.1 b, 3.2, 3.3 or 3.4, please ││ provide information on how it has been carried out on condition │ │ │ │ relevant: 4. Partial execution of the sanction │ │ if part of the penalty amount has already been paid to the issuing State ││ or, where the information held by the authority issuing the certificate, any other State ││, specify the amount which has been paid: │
 │. │
 └────────────────────────────────────────────────────────────────────────────┘

--------
Lit. h) of Schedule 3 was amended by point 69 of the art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013, by amending section 3.
 ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ i) alternative Penalties, including penalties involving deprivation of liberty │ │ 1. Specify if the issuing State permits the application of State-│

 │ This alternative to sanctions in the event of inability to enforce ││ applying the sanction, either wholly or in part: ││ [] Yes; │
 │[] nu. │
 │2. If Yes, specify which are the sanctions that can be applied (sorts ││ penalties, the maximum level of penalties): │ │ [] deprivation of liberty. The maximum period. │ │ [] work in community service (or equivalent). The maximum period ││.. │ │ [] other penalties. Description: │ └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ j) other circumstances relevant to the case (optional information): │ │ │ │ │.. └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ k) the text of the decision by which the sanction has been applied to payment is at attached ││ certificate. │ │ Signature of the authority issuing the certificate and/or its representative, ││ certifying the accuracy of the contents of the certificate: │ │ │ │. Name:. .. │ │ function (title/grade): │ │ │ │ Date: official stamp (if available) │ └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ CERTIFICATE Annex 4 ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ a) issuing and executing States │ │ issuing State: State enforcement ││: │ └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ b) the Court which issued the order to seize ││ full official designation: │ │ Address: │ │ Reference file: │ │ phone (country code) (area/city code) │ │ Fax: (country code) (area/city code): │ │ email (if any): ││ languages in which it is possible to communicate with the Court: │ │ │ │. contact details of the person (s) to be contacted │ │ (reached) in order to obtain additional information in order to-││ cutării order the seizure or, if appropriate, for the purpose of coordinating the execution of an order │ │ seizure press release by two or more States enforcing ││ or for the purpose of transferring money by the issuing State or ││ goods obtained from execution (name, position/title, telephone and fax numbers and, if applicable, │ │ e-mail): │ │ │ │ │.. └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ c) competent authority for execution of the confiscation order from ││ issuing State [where that authority is other than ││ court referred to in (b))]: ││ full official designation: │ │ Address: │ │ phone (country code) (area/city code) │ │ Fax: (country code) (area/city code): │ │ email (if any): ││ languages in which it is possible to communicate with the Court: │ │ │ │. contact details of the person (s) to be contacted │ │ (reached) in order to obtain additional information in order to-││ cutării order the seizure or, if appropriate, for the purpose of coordinating the execution of an order │ │ seizure press release by twice as many States enforcing ││ or for the purpose of transferring money by the issuing State times ││ goods obtained from execution (name, title/position, telephone and fax numbers and, if applicable, │ │ e-mail): │ │ │ │ │.. └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ d) when a central authority was tasked with sending and receiving of │ │ confiscation orders in issuing State: ││ Central Authority Name: │ │ contact person, if applicable (title/function and name): │ │ Address: │ │ Reference file: │ │ phone (country code) (area/city code) │ │ Fax: (country code) (area/city code): │ │ email (if any): │ └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ e) authority or authorities which may be contacted [where ││ c) and/or lit. d) was (were) completed/completed] │ │ [] authority referred to in subparagraph (a). │ │ b) can be contacted for questions regarding: │ │ [] authority referred to in subparagraph (a). │ │ c) can be contacted for questions regarding: │ │ [] authority referred to in subparagraph (a). │ │ d) can be contacted for questions regarding: │ └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ f) where a confiscation order follows the order of indisponi-bilizare │ │ passed to the State of enforcement pursuant to the framework decision of the Council ││ 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders │ │ indisponibilizare of property or evidence, fur-││ nizaţi relevant information to identify the order of indispo-││ nibilizare (date of issue and the transmission order of indisponibilizare , to whom authority ││ has been communicated, the reference number, if available): │ │ │ │ │ └. ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ g) when the seizure order was transmitted to several States for enforcing ││, provide the following information: │ │ 1. The order of seizure was communicated to the next (following) other │ │ (other) State (States) of execution (country and authority): │ │ │ │. 2. The order of seizure was communicated to several States run from ││ following reasons (please tick relevant variant): │ │ 2.1. When the order of seizure shall take into account one or more of the specified goods: │ │ │

 │ [] there is no reason to believe that various goods to which reference is made in the seizure order │ │ lie in different States of enforcement; │ │ [] good specific seizure involves activities in several States of ││ execution; │ │ [] there is no reason to believe that the property to which the confiscation order │ │ lies in one of the States of execution. │ │ 2.2. When the order of confiscation is considering a sum of money: │ │ [] not good was made unavailable in accordance with framework decision of ││ Council 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders │ │ indisponibilizare of goods or samples; │ │ [] value of the asset that can be confiscated in the issuing State and all execution States ││ may not be sufficient to execute the total amount referred to in the order │ │ confiscation; │ │ [] other (specify): │ └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ h) information on the natural or legal person against whom the order was issued ││ confiscation: ││ 1. For individuals ││ name:.: ││. ││ former name of marriage (if applicable): │ │ Alias (if applicable): │ │ Sex: │ │ Citizenship: │ │ identification number or social security number (if applicable): │ │ │ │. Date of birth: place of birth: │ │ │ │ Last known address: │ │ language (s) that a person/he knows (if applicable): ││ 1.1. If the confiscation order is considering a sum of money: ││ confiscation Order shall be transmitted by the executing State because (please tick relevant ││ variant): │ │ []) the issuing State has reasonable grounds for believing that the person against whom the │ │ order forfeiting property or income respectively hold │ │ the execution state. Fill out the following information: │ │ Reasons for believing that the person holding the property/income: │ │ property Description/source of income/person: ││ property Location/source of income/person (if not known, last known location │ │): ││ [] b) there are reasonable grounds, under (b). a), allowing the State to establish ││ issuer in which the Member State may forward the order of con-fiscare │ │ but the person against whom the confiscation order was issued has ││ ordinarily resident in the State of enforcement. Fill out the following information: │ │ │ │ ordinarily resident in the executing State: │ │ 1.2. If the confiscation order is considering an asset or more ││ goods caused (determined): ││ confiscation Order shall be transmitted by the executing State because (please tick relevant ││ variant): │ │ [] a) good (goods) caused (determined) is/are located (local ││ plied) in the State of enforcement [see lit i)]; │ │ [] b) the issuing State has reasonable grounds to believe that the whole (all) or a good part of │ │ (goods) listed in the order of seizure is in the executing State ││. Add the following information: reasons for ││ is considered good (goods) is located in the State of enforcement: │ │.. │ │ [] c) there are reasonable grounds, under (b). b), allowing the State to establish ││ issuer in which the Member State may forward the order of con-fiscare │ │ but the person against whom the confiscation order was issued has ││ ordinarily resident in the State of enforcement. Fill out the following information:-maţii │ │ │ │ ordinarily resident in the executing State: │
 │2. For legal persons: ││ Name:. .. │ │ legal entity Form: │ │ registration number (if applicable): │ │ registered (if applicable): │ │ legal address: ││ 2.1. If the confiscation order is considering a sum of money: ││ confiscation Order shall be transmitted by the executing State because (please tick relevant ││ variant): │ │ []) the issuing State has reasonable grounds to believe that a legal person against whom │ │-confiscation order concerned holds property or income in ││ execution state. Fill out the following information: │ │ reasons to believe that the entity owns property/income: │ │ property Description/source of income/of the legal person: ││ property Location/source of income/person (if not known, ││ last known location): │ │ │ │ │ │. [] b) there are reasonable grounds under (b). a) which would allow the State to establish ││ issuer in which the Member State may transmit to the order of seizure but │ │ legal person to which the order was issued by the confis-│ │ that has its registered office in the Member State of enforcement. Complete with end-││ following information: ││ registered in the State of enforcement: │ │ 2.2. If the confiscation order is considering an asset or more ││ goods caused (determined): ││ confiscation Order shall be forwarded to the State of enforcement, because (please tick relevant ││ variant): │ │ [] a) good (goods) caused (determined) is/are located (local ││ plied) in the State of enforcement [see lit i)]; │ │ [] b) the issuing State has reasonable grounds to believe that the whole (all) the good │ │ (goods) or part of the property (assets) listed in the order of ││ confis-which is located in the State of enforcement. Add the following information: reasons for │ │ is deemed to be the property (assets) determined (determine the │ │-nate) is in the executing State: │ │ [] c) there are reasonable grounds under (b). b) allowing the State to establish ││ issuer in which the Member State may forward the order of con-fiscare │ │ but legal person against whom the order was issued by con-fiscare │ │ has registered in the State of enforcement. Complete with end-││ following information: ││ registered in the State of enforcement: │ └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ i) confiscation Order │ │ confiscation order has been issued to date: ││ confiscation Order remained permanently on: │ │ order reference number (if applicable): │ │ 1. Information on the nature of the seizure order │ │ 1.1. Indicate (by ticking the relevant variants) where order ││ confis-which refers to: [] │ │ a │ │ amount of money amount to be executed in the State of enforcement (indicate currency figures ││ letters): ││ total amount referred to in the order of confiscation (indicate currency digits ││ and in letters): │ │ [] a good or more goods caused (determined) │ │ Description of the property (assets) determined (to be determined) Location: ││ asset (property) caused (determined) (if not known, last known location │ │) │ │ │ │. Where confiscation of the property (assets) caused (determined) implies ││ actions in several States, describe measures to be put in place: │ │ │ │ 1.2. The Court ruled that the property (please tick relevant variants): │ │ [] (i) is the product of an offence or correspond, in whole or in part, ││ value of this product; │ │ [] (ii) constitutes a crime tool; │ │ [] (iii) is likely to seize as a result of its application, the issuing State ││, extended confiscation powers, as provided for in subparagraph (c) │ │. a), b) and (c)). The Foundation of this decision is that the Court, on the basis of the facts ascertained ││ believes stems from goods: │

 │ [] a) criminal activities of convicted person deployed in a previous period ││ conviction for the offence concerned court ││ considers to be reasonable in the circumstances of this case parti-cular ││; or │ │ [] b) criminal activities of convicted person deployed ││ in a period prior to conviction for the offence concerned, on which a court ││ considers to be reasonable in the circumstances of this case ││; or ││ [] c) criminal activity of the person, being established that the value of goods ││ is disproportionate in relation to the lawful income of per-││ testimony; │ │ [] (iv) is susceptible of seizure under any other provisions concerning ││ extended powers of confiscation referred to legis-│ │ Maxi issuing State. │ │ where are two or more valid categories of confiscation, ││ complete with details of goods that are seized for ││ each category: │ │ 2. Information on Crime (crime) covered by the confiscation order │ │ │ │ 2.1. The status quo and a description of the circumstances in which the offence was committed │ │ (crime) referred to the order of confiscation, ││ including date and place: ││ 2.2. Nature and legal classification of offences arising out of the seizure order │ │ as well as the text of the law under which the decision was taken: │ │ │ │ │. │. 2.3. If necessary, specify one or more offences referred to in reference to ││ item 2.2, where crime (crime) relationship-││ tive (question) is/are punished (penalised) by the emi-││ awning with a prison sentence of a maximum duration of at least 3 years imprisonment │ │ (please tick relevant variant): │ │ [] participation in an organized criminal group; │ │ [] terrorism; │ │ [] trafficking in persons; │ │ [] sexual exploitation of children and child pornography; │ │ [] illicit traffic in 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 of 26 July 1995 on the protection of the inte-││ reselor of the European communities; │ │ [] laundering offence products; │ │ [] counterfeiting currency, including of the euro; │ │ [] crimes related to cybercrime; │ │ [] environmental crime, including trafficking of species of animal and vegetable ││ endangered; │ │ [] facilitation of illegal entry and stay; │ │ [] murder and serious bodily injury; │ │ [] illicit traffic in human organs and tissues; │ │ [] being deprived of freedom unlawfully, kidnapping and hostage taking; │ │ [] racism and xenophobia; │ │ [] organised or armed theft; │ │ [] illicit trafficking in cultural goods, including antiques and works of art; │ │ │ │ [] deception; │ │ racketul [] and extortion; │ │ [] counterfeiting and piracy of goods; │ │ [] forgery of official documents and the use of forged official documents; │ │ [] 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; │ │ [] burning with intent; │ │ [] crimes which come under the jurisdiction of the International Criminal Court; │ │ [] unlawful seizure of ships and aircraft; │ │ [] sabotage. │ │ 2.4. To the extent that the offence/offences covered by the confiscation order │ │ identified/2.2 identified, there is (are) │ │ covered (covered) in section 2.3, describe in detail the crime res ││ pectivă (it's supposed to present criminal activity effective ││ as opposed to, for example, legal classification): │ └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ j) procedures that led to an order for confiscation ││ 1. [] Yes, this person has been present in person at the trial which has been issued ││ confiscation order. │
 │2. [] No, no person was present in person at the trial which │ │ was confiscation order. │
 │3. If you have ticked the box in item 2, please confirm the existence of one of the following items │ │ │ │ to: 3.1. [] the person was cited personally from (day/month/year) and by ││ result, informed of the date and place set for the process in which ││ was confiscation order and was informed that it may be handed a │ │ decision where it fails to appear at the trial; │
 │sau │
 │3.1b. [] the person has not been cited personal, but actually received through other means ││, official information regarding the date and place fixed for ││ process which was issued the order of confiscation, so ││ has been established unequivocally that he was unaware of the process established ││ and was informed that a decision can be rendered in ││ if fails to appear at the trial; │
 │sau │
 │3.2. [] unaware of the process established, authorized a lawyer who has been appointed ││ either by the person concerned, be ex officio to defend ││ 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 about right at ││ retrial or appeal, which has the right to be present and │ │ that allow the facts of the case, including evidence ││ us, should be reviewed and that could lead to the dismantling of the initial decision ││; and the person has expressly stated that it did not dispute the judgment; │ │ │ │ or [] no person has applied for retrial or promoting an ││ attack within the appropriate time. │
 │4. If you have ticked the box in section 3.1, 3.2, 3.3, or b, please provide │ │ information regarding how it was fulfilled on condition │ │ │ └ relevant: ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘--------Lit. j) of annex 4 has been amended item 70 of art. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013.
 ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ k) the conversion and transfer of goods │ │ 1. If the confiscation order relates to a good determined ││ specify if the issuing State authorizes the executing State to confiscate │ │ as an obligation to pay a sum of money corresponding to the value of the property. │ │ │
 │[] da │
 │[] nu │
 │2. If the confiscation order relates to an amount of money, if you specify ││ item of property other than the amount obtained by executing ││ confiscation, can be transferred to the issuing State: │ │ │ │ [] yes [] no │

 └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ l) alternatives, including custodial sanctions │ │ 1. Specify if the issuing State authorizes the State of enforcement to ││ apply alternative measures when executing the seizure is not allowed │ │ in whole or in part: [] Yes │ │ │ │ │ │ not [] 2. If Yes, specify what sanctions may be imposed (type and utmost ││ sanction): │ │ [] prison (maximum): │ │ │ │. [] work in community service (or similar) (maximum): │ │ [] other penalties (detailed): │ └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ m) Other relevant circumstances (optional information): │ └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ n) confiscation Order is annexed to this certificate. │ │ Signature of the authority issuing the certificate and/or EC representatives ││ attests to the contents of the certificate as under: │ │ │ │ │.. │. ││ Name: ││ function (title/grade): │ │ │ │ Date: official stamp (if available │ └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ annex 5 certificate (1) ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ a) issuing State: │ │ * State of enforcement: ││ b) the Court which pronounced the final judgement of conviction ││ official name : │ │ judgment was given to (mention date: dd-mm-yyyy): │ │ Judgement remained the final (mention date: dd-mm-yyyy): │ │ the registration number of the decision (if applicable): │ │ c) information relating to the authority may be contacted if ││ questions regarding possible certificate │ │ 1. Authority type: Please tick the appropriate box: │ │ [] central authority: │ │ │ Court: [] │ [] other authority: │ │ 2. Contact details of the authority referred to in subparagraph (a). c) official designation: │ │ │ │ │ │ Address: No. Tel. No. (country code) (area code region/city): │ │ Nr. fax (country code) (area code region/city): │ │ email address (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 │ │ further information for the purpose of enforcing the judgment of court or ││ obtaining an agreement on procedures for transferring │ │ (name, title/degree, Tel. No., fax No., e-mail address), if different from those of ││ in 2: │ │ d) information concerning the person which has rejected condemnation ││ Name First name: ││: │ │ (1) the certificate must be written or translated into one of │ │ official languages of the Member State of enforcement or any other language accepted by that ││ State. │ │ Name before marriage, if applicable: │ │ other names, if applicable: │ │ │ │ Sex: Citizenship │ │ social security or social insurance number (if applicable): │ │ │ │ Date of birth: place of birth: │ │ Last known residence address: │ │ language (s) on which it (they) understand (if known): │ │ Person convicted are: ││ 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. │ │ further information to be provided, if available and if it is the case: ││ ││ 1. Photograph and fingerprints of the person and/or contact data of the person ││ to be contacted in order to obtain such information: │ │ 2. The type and number of the identity card or passport of the person convicted │ │ │ │ 3:. The type and number of the residence permit of the person sentenced: │ │ 4. Other information relevant to the family of the person convicted and social ties or │ │ professional with the State of enforcement: ││ e) application of preventive arrest made by the issuing State (if the convicted person ││ lies in the State of enforcement) │ │ the issuing State shall request the State of enforcement to arrest the person sentenced ││ or take any other measures to ensure that person ││ sentenced remain on its territory up to the pronouncement of │ │ recognition and enforcement of the death penalty. │ │ the issuing State has already requested execution state to arrest the person sentenced ││ or take any other measures to ensure that 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 application for arrest of person │ │ (if applicable and if the information is available): │ │ f) liaison with a european arrest warrant (MEA) issued ││ was issued a european arrest warrant for the purposes of enforcing a sentence ││ or measure involving deprivation of liberty, and the enforcing Member State shall undertake to execute ││ punishment or measure involving deprivation of freedom [article 4 ││ para. (6) in MY framework decision]. │ │ issue date and registration number, if applicable: │ │ issuing authority Name: ││ date of execution of the sentence and the registration number, if it is the case: │ │ │ │ the name of the authority which issued the decision on enforcement of punishment: ││ was delivered a goal in my pursuit of a person who is a national or resident of │ │ execution state and the State of enforcement has taught ││ that person provided that the person to be returned to the State of enforcement to ││ executes the punishment or measure involving deprivation of liberty applied its ││ issuing Member State [article 5 para. (3) of the framework decision ││ MINE]. │ │ Date of surrender of the person: ││ 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) reasons for judgment and the transmission of the licence [││ If you completely lit.), it is not necessary to fill in this ││ item]: │ │ the judgment and the certificate are submitted by running state-││ hard because the issuing authority determines that the execution of criminal sentences by │
 the State of enforcement would │ serve the purpose of facilitating the social rehabilitation of │

 │ │ and convicted persons: │ execution state of) is the State of nationality of the convicted person in ││ it lives ││ b) enforcing State is the State of nationality of the convicted person in which the person sentenced ││ will be ejected immediately after it was exempted from serving ││ pursuant to an order of deportation or deportation │ │ included in the judgment or a court decision times ││ administrative or any other measures taken as a result of that │ │ ruling. 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 serial number if available │ │ c) enforcing State is a State, other than that referred to in (b). the) ││ b), whose competent authority disagrees with the Court's judgment ││ transmission and the respective certificate │ │ d) the State of enforcement has sent a notification under article 21. "". (7) of the framework decision ││: ││ confirmed that, after the knowledge of the competent authority in the issuing State, the condemned person ││ lives and had legal residence continuously on a │ │ for at least 5 years in the State of enforcement and shall preserve the right of permanent residence in the │ │ that State or ││ confirming that the person sentenced is a national of the Member State of enforcement ││. │ │ h) Judgment condemning ││ 1. The judgment refers, in total, at. .. offenses. │ │ Summary of facts and a description of the circumstances in which it was committed (u) │ │ (committed) crime (crimes), including the date, time and place as well as the nature of the person's involvement ││ convicted: ││ nature and legal classification of the offence (or crime), as well as applicable laws ││ which pronounced judgement ││ Court: ││ 2. As far as the crime (crime) identified (identified in (a) │ │ h) subparagraph (1) represents one or more of the following ││ offences, as prescribed by the national law of the issuing State, ││ which are punishable in the issuing State by a custodial sentence or detention order │ │ liberty whose maximum duration is at least 3 years, please confirm your │ │ checkmarking (cottages) : │ │ [] participation in an organized criminal group; │ │ [] terrorism; │ │ [] trafficking in persons; │ │ [] sexual exploitation of children and child pornography; │ │ [] illicit traffic in 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 financial interests of the European Communities ││ of 26 July 1995; │ │ [] laundering offence products; │ │ [] counterfeiting, including counterfeiting of the euro; │ │ [] facts related to cybercrime; │ │ [] crimes against the environment, including the illegal traffic of species ││ endangered animals and the illegal traffic of species and varieties of ││ endangered plants; │ │ [] 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; │ │ [] illegal seizure of ships and aircraft; │
 │[] sabotajul │
 └────────────────────────────────────────────────────────────────────────────┘
 ┌────────────────────────────────────────────────────────────────────────────┐
 │3. To the extent that the offence (criminal offences) indicated (where indicated) from point │ │ 1 is (are) not covered (covered) of paragraph 2, or if the judgement and the certificate are ││ submitted by the Member State, which has said it will double check ││ criminal prosecution [article 7 para. (4) of the framework decision], please describe ││ extensively on Crime (crime): │ │ i) judgment of conviction Stage │ │ 1. You can specify whether the person was present in person at the trial in ││ which was pronounced judgment: ││ 1. [] Yes, this person has been present in person at the trial which has been rendered ││ judgment. │
 │2. [] No, no person was present in person at the trial following ││ which rendered judgment. │
 │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, ││ informed of the date and place set for the process which │ │ was handed down the judgement and was informed that it can be pronounced a judgment │ │ where fails to appear at the trial; │
 │sau │
 │[] 3.1b. the person has not been cited personal, but actually received by other means ││ official information regarding the date and place fixed for ││ 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 it was ││ informed that a judgment may be pronounced if ││ who does not submit to trial; │
 │sau │
 │[] 3.2. having knowledge of the process established, authorized a lawyer who has been appointed ││ either by the person concerned, be ex officio to defend ││ 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 about right at ││ retrial or appeal, which has the right to be present and │ │ that allow the facts of the case, including evidence ││ us, be re-examined and that could lead to the dismantling of the initial decision ││; and ││ person has expressly stated that it did not dispute that judgment; │ │ │ │ or [] no person has applied for retrial or promoting an ││ attack within the appropriate time. │
 │4. If you have ticked the box in section 3.1, 3.2, 3.3, or b, please provide │ │ information regarding how it was fulfilled on condition │ │ │ │ 2: relevant. 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 punishment in respect of which the judgment was issued │ │ (in days): │ │. to date (specify the date on which it was made ││ calculation: dd-mm-yyyy): │ │ 2.3. Number of days to be deducted from the total duration of the sentence │

 │ for reasons other than that mentioned in 2.2 (i.e., Amnesty, pardons ││ or leniency measures, etc., already provided for in connection with ││ punishment): on (specify date on the basis of which the ││ did the calculation: dd-mm-yyyy): │ │ 2.4. The expiry date in the issuing State: │ │ does not apply because the person is not detained at present; │ │ person is retained in the present, and punishment, according to the national law of the issuing State ││, will be fully executed until (specify ││ date: dd-mm-yyyy) (1): │ │ 3. Type the sentence: │ │ deprivation of liberty; │ │ measure involving deprivation of liberty (Please specify): │ │ j) information on the release or parole │ │ 1. According to the national law of the issuing State, the person sentenced has ││ may be released ahead of schedule or condition, after the execution of: ││ half the punishment; │ │ two-thirds of the punishment; │ │ other factions from punishment (Please specify): │ │ 2. The competent authority of the issuing State shall request to be kept informed with regard to: │ │ │ │ applicable provisions of national law of the executing State on releasing ││ or parole of convicted person ││; │ │ the beginning and end of the period of issue or ││ conditional. │ │ k) the opinion of the person convicted │ │ 1. The person convicted could not be heard because it is already in the run State ││. │
 │2. The convicted person is in the issuing State and: ││) requested the transmission of the judgement and the certificate │ │ disagreed with the judgement and transmission of certificate │ │ don't agree with sending the judgement and the certificate │ │ (specify the grounds on which the person convicted): │ │ b) the opinion of the sentenced person is in the annex. │ │ the opinion of the person convicted was referred to the State of enforcement to │ │ (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 his representative certifying │ │ │ │ │ │: 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 5 was introduced by the pct. of article 71. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013, having regard to the content contained in annex 1 of the same regulatory action.


Annex 6 NOTIFICATION of the PERSON CONVICTED ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ you hereby informs the decision. │ │ (the competent authority in the issuing State) to pass judgement │ │ (Court of competent jurisdiction of the State issuing ││) dated. (date of judgment). │ │ (registration number; if applicable) by (State of ││ run) for the purpose of recognition and execution of the death penalty applied by ││ judgment referred to, in accordance with national legislation ││ implementation of framework decision 2008/909/JHA of 27 November 2008 │ │ concerning the application of the principle of mutual recognition in ││ case judgments in criminal matters imposing punishments or ││ measures involving deprivation of liberty for the purpose of execution of their Union │ │. │ │ serving will be governed by the law and. .. (executing ││ State). Authorities in that State shall have jurisdiction to decide on ││ procedures for enforcement and to order all the measures relating thereto, including │ │ about the reasons of issuing or ││ conditional. │ │ competent Authority. (State of enforcement) must deduct ││ period total custodial penalty already enforced in report ││ with punishment from the total duration of the custodial penalty to be ││ executed. The penalty can be adjusted by the competent authority in the │ │ (State run) only if it is incompatible, by its nature or duration ││ himself with the legislation of that State. The sanction must not be tailored ││, by its nature or duration, may be tougher than punishment ││ applied. (the issuing State). │ └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ — — — — — — — — Annex 6 was introduced by the pct. of article 71. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013, having regard to the content contained in annex 2 of the same regulatory action.


Annex 7 CERTIFICATE ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ (a) issuing State: ││ execution State: │ │ (b) the authority that issued the decision on judicial supervision measures ││ official name: │ │ Please indicate if additional information regarding decision ││ on measures of judicial supervision will get through: │ │ [] the above-mentioned authority │ │ [] central authority; If you checked this box, you may wish to specify ││ official designation of central authorities: │ │ [] other competent authorities; If you ticked this box, │ │ please state the official name of the authority: │ │ contact details of the issuing authority/central authority/competent authorities another │ │ │ │ │ │ Address: No. Tel. No. (country code) (area code region/locality): │ │ Nr. fax (country code) (area code region/locality): │ │ Data the person (s) contact: Name: │ │ │ │ │ │ FirstName: function (title/grade): │ │ Nr. Tel. No. (country code) (area code region/locality): │ │ Nr. fax (country code) (area code region/locality): │ │ email (if any): ││ languages that can be used for communication: │ │. │ │ (d) information relating to a natural person in respect of whom the decision on measures of │ │ legal │ │ supervisors Name: last name: │ │ │ │ Name before marriage, if applicable: │ │ the loan Name, if applicable: │ │ │ │ Sex: Nationality: │ │ social security or social insurance number (if available): │ │ │ │ Date of birth: place of birth: │ │ addresses/residences: │ │-in the issuing State : │ │-in the State of enforcement: │

 │-elsewhere: │ │ language (s) on which it (they) understand (if known/││ are known): │ │ Please provide the following information, where these are available: │ │ │ │-type and number of the Act (the acts) of the person's identity (identity card, passport ││): │ │-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 decision ││ on measures of judicial supervision, together with the decision on the certificate │ │ judicial supervision measures together with the certificate │ │ are transmitted to the executing State shown in (b). (a) for the following reason: │ │ │ │ [] the person has his habitual residence in the State of legal │ │ executing and being brought to their attention, measures relating to consents ││ to return to that State ││ [] the person concerned is required to transmit the decision concerning measures ││ judicial supervision of a Member State other than that in which he has his legal residence │ │ and habitual from the following reason (reasons) : │ │ (f) details concerning the decision on supervision measures ││ ││ judicial decision was issued on (date: dd-mm-yyyy): │ │ the decision became enforceable on (date: dd-mm-yyyy): │ │ If, at the time of transmission, was introduced about ││ appeal against decision on 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) particulars of the duration and the nature of the measure (s) supervising judicial ││: ││ 1. Duration applies to the decision on measures of judicial supervision ││ and if it is possible a renewal of that decision (after ││ case): ││ 2. The duration for which is likely to be warranted ││ judicial supervision measures, taking into account all the circumstances of the case which ││ are known at the time of communication of the decision on measures of judicial supervision │ │ (by way of indication):. │
 │3. The nature of the measure (s) of judicial supervision (│ │ ticking multiple boxes): │ │ [] person's obligation to inform the competent authority of the Member State of enforcement with ││ of any change of residence, in particular for the purpose of receiving subpoenas ││ regarding attendance at a hearing or trial in the course of criminal proceedings ││; │ │ [] obligation not to enter in some localities, places or defined areas │ │ the issuing State execution times; │ │ [] is required to remain in a particular place, as appropriate, in certain intervals; ││ [] an obligation by which the State territory restricts leaving ││ execution; │ │ [] is required to be present at specified dates before a certain ││ authorities; │ │ [] is required to avoid contact with certain persons in connection with the offence │ │ (offences) (allegedly) alleged to have been committed │ │ (committed); │ │ [] other measures that the State of enforcement is ready to supervise ││, according a notice pursuant to art. 8 ││ para. (2) of the framework decision. │ │ where you have ticked the box for "other", please specify the measure (s) │ │ (measures) in question (question) by ticking the box │ │ (boxes): │ │ [] obligation not to engage in certain activities in connection with the offence │ │ (offences) (allegedly) alleged to have been committed │ │ (committed), which may include involvement in a particular profession or ││ in a field of activity; │ │ [] obligation not to drive a vehicle; │ │ [] is required to submit a certain amount or to provide another guarantee, ││ which may be furnished either in a certain number of installments or a one-time ││; │ │ [] is required to follow a medical treatment or detoxification; │ │ [] is required to avoid contact with certain objects in relation to ││ crime (crime) (allegedly) alleged to have been committed │ │ (committed); │ │ [] other (Please specify): │ │ 4. 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 specific reasons for imposing ││ measure (s) of judicial supervision (information │ │ optional): │ │ the text of the decision is attached to the certificate. │ │ Signature of the authority issuing the certificate and/or its designee ││ signature to confirm the accuracy of the contents of │

 │ │ │ certificate │ │: Function Name (title/grade): │ │ │ │ Date: File Reference (if any): ││ official Stamp (if applicable): │ └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ — — — — — — — — Annex 7 was introduced by the pct. of article 71. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013, having regard to the content contained in annex 3 of the same regulatory action.


Annex 8 ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ 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 surveillance ││ Name: last name: │ │ │ │ Name before marriage, if applicable: │ │ the loan Name, if applicable: │ │ Sex : │ │ │ │ Citizenship: social security number or social insurance number (if available): │ │ │ │ Date of birth: place of birth: │ │ │ │ Address: language (s) on which it (they) understand (if known/││ are known): │ └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ (b) data relating to the decision to measure (measures) of judicial supervision issued from the date of the Decision: reference files (if any): Authority issuing the decision : official 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 : Person referred. (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 obligation 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 authority issuing the form and/or signature of its representative to confirm the correctness of form content: : function (title/grade): date: official Stamp (if applicable): — — — — — — — — Annex 8 was introduced by the pct. of article 71. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013, having regard to the content contained in annex 4 of the same regulatory action.


Annex 9 CERTIFICATE * 1) ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ the sentencing State): │ │ │ execution State: │ b) the Court which pronounced the judgement by which the suspension of sentence ││, a postponement of the application of the death penalty or an alternative penalty │ │ │ │ │ │ business name: Please indicate if additional information regarding judicial judgment ││ may be obtained through : │ │ [] the Court mentioned above; │ │ [] central authority; If you checked this box, you may wish to specify ││ name corruptibility: ││ [] other competent authorities; If you ticked this box, │ │ please state the official name of the authority: │ │ contact details of Court/central authority/another authority competent │ │ │ │ │ │ Address: No. Tel. No. (country code) (area code region/locality): │ │ Nr. fax (country code) (area code region/locality): │ │ Data the person (s) contact Name: │ │ │ │ │ │ FirstName: function (title/grade): │ │ Nr. Tel. No. (country code) (area code region/locality): │ │ Nr. fax (country code) (area code region/locality): │ │ email (where 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 decision ││ probation may be obtained through: │ │ [] the authority mentioned above; │ │ [] central authority; If you checked this box, you may wish to specify ││ official designation of central authorities, │ │ where this information is not already provided for in (b). │ │ b): [] other competent authorities; If you ticked this box, │ │ please state the official name of the authority: │ │ contact details of the authority of the central authority or other competent authority, │ │ where this information is not already provided for in (a) │ │. b) │
 │Adresa: │
 │Nr. Tel. No. (country code) (area code region/locality): │ │ Nr. fax (country code) (area code region/locality): │ │ Data the person (s) contact Name: │ │ │ │ │ │ FirstName: function (title/grade): │ │ Nr. Tel. No. (country code) (area code region/locality): │ │ Nr. fax (country code) (area code region/locality): │ │ email (where available): ││ languages that can be used for communication: │ │ d) the authority responsible for the supervision of probation measures or alternative sanctions │ │ │ │ State Authority competent for the supervision of sentencing ││ probation measures or alternative sanctions: │ │ [] Court/authority referred to in subparagraph (a). b); │ │ [] 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 additional information │ │ purpose of surveillance the probation measures or alternative sanctions │ │ │ │: [] authority; │ │ [] central authority; If you ticked this box, please specify ││ official designation of central authorities in ││ if this information is not already referred to. b) or c): │ │ contact details of the authority or the central authority, in which case this information │ │ isn't already referred to. b) sau c) │
 │Adresa: │
 │Nr. Tel. No. (country code) (area code region/locality): │ │ Nr. fax (country code) (area code region/locality): │ │ Data the person (s) contact: Name: │ │ │ │ │ │ FirstName: function (title/grade): │ │ Nr. Tel. No. (country code) (area code region/locality): │ │ Nr. fax (country code) (area code region/locality): │ │ email (where available): ││ languages that can 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 in 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 whom was ││ judgment rendered and, where appropriate, the probation decision ││ ││ Name: last name: │ │ │ │ Name before marriage, if applicable: │ │ Alias, if applicable: │ │ │ │ Sex: Nationality: │ │ social security or social insurance number (where ││) BirthDate: │ │ : │ │ │ │ birthplace: Last known residence address (if any): ││-in State of conviction: ││-in the State of enforcement: │ │-in another State: │ │ language (s) on which it (they) understand (where information is ││ available): │ │ Please provide the following information, where these are available │ │ : │ │-type and number of the Act (the acts) of the identity of the person convicted │ │ (ID card, passport): │ │-type and number of the permit of residence or residence of the person convicted ││ execution state: ││ f) information relating to the Member State to which they are submitted by a court judgment and ││, where appropriate, the probation decision together with certificate │ │ │ │ the judgment and where appropriate, the probation decision together with the certificate transmitted ││ execution state are shown in (b). │ │ to) of the following reason: │ │ [] the person sentenced has his habitual residence in the State of legal │ │ execution and returned or plan to return to that State; │ │ [] the person sentenced has moved or plans to move into the State of ││ run from the following reason (reasons) (please tick appropriate box │ │): │ │ [] the person convicted has been offered an employment contract in the State of ││ execution; │ │ [] the person sentenced is one of family members of a legal resident ││ regular State of enforcement; │ │ [] the person convicted has the intention to pursue studies or vocational training │ │ territory of the State of enforcement; │ │ [] other (Please specify): │ │ g) details of the judgment and, where appropriate, the probation decision ││ ││ judgment was rendered at (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 at ││ (date : Dd-mm-yyyy): │ └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ judgement Execution started at (where this ││ date is different from the date on which the judgment became final ││) (date: dd-mm-yyyy): │ │ where necessary, judgment of probation began (if this time ││ which is different from the date on which the judgment becomes final ││) (date : Dd-mm-yyyy): ││ file number in which the judgment has been pronounced (in ││ if available): │ └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ where applicable, the file number in which the decision was pronounced ││ probation (where available): │ │ 1. The judgment concerns a total of: crime. │ │ the summary description of the facts and the circumstances in which it was committed (having been committed ││) crime (crimes), including the date and place of the crime, and committing ││ nature of involvement of the person sentenced: ││ nature and legal characterization of the offence (or crime) and applicable legal provisions ││, under which was pronounced judgment: │ │ │ │ 2. Where the offence (criminal offences) (mentioned) mentioned at item │ │ 1 constitute one or more of the following offences, thus ││ as defined in the laws of the State of conviction, who are punished in ││ 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 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 for the purposes of │ │ the Convention of 26 July 1995 on the protection of the financial interests of │ │ the European communities; │ │ [] money laundering from committing offences; │ │ [] counterfeiting of money, including the counterfeiting of the euro; │ │ [] computer-related; │ │ [] environmental crime, including illicit trafficking in endangered animal species │ │ disappearing and traffic plant species and endangered; │ │ [] facilitation of illegal entry and stay; │

 │ [] homicide, grievous bodily harm; │ │ [] illicit trafficking in human organs and tissues; │ │ lipsire [] kidnapping, 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. As far as the crime (crime) identified (identifi-││ cate) in point 1 is (are) not listed (enumerated) in paragraph 2, or if ││ determination and, where appropriate, the probation decision as well as the certificate are ││ 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 the proceedings of the Court if the person ││ Specify was present at the proceedings: ││ [] Yes, the person was present in person. │ │ [], 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 by ││ result, informed of the date and place set for the process in which ││ was handed down the judgement and was informed that it can be pronounced a judgment │ │ where fails to appear at the trial; │
 │sau │
 │[] 3.1b. the person has not been cited personal, but actually received by other means ││ official information regarding the date and place fixed for ││ process in which judgment has been rendered in such a way that it has been established unequivocally │ │ that he was unaware of the lawsuit and it was infor-││ matte regarding the fact that it can be pronounced a judgment where ││ fails to appear at the trial; │
 │sau │
 │[] 3.2. having knowledge of the process, mandated a lawyer who was appointed ││ either by the person concerned, be ex officio to defend itself at trial and ││ really was defended by the lawyer in question at the trial; │
 │sau │
 │[] 3.3. the person was personally handed the judgement (day/month/year) │ │ and was expressly informed with regard to the right to retrial ││ or cause appeal, which has the right to be present and allowing │ │ as the facts of the case, including new evidence, be re-examined and ││ ││ person has expressly stated that it did not dispute that decision; │ │ │ │ or [] no person has applied for retrial or promoting an ││ attack within the appropriate time. │
 │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-││ child become or, where appropriate, by decision of the probation ││ 1. This certificate refers to the: ││ [] suspension of sentence ││ [] postponement of the application of the death penalty: │ │ [] punishment was delayed, by imposing conditioning │ │ one or more probation measures; │ │ [] one or more probation measures have been imposed instead of a punishment of imprisonment ││ or a measure involving deprivation of liberty. │ │ [] alternative Penalty: │ │ [] Decree stipulates a prison sentence or another ││ measure involving deprivation of liberty to be enforced in the case of neres-││ pectare obligation (obligations) or instructions (instructions) │ │; │ │ [] the judgment provides for a prison sentence or a │ │ measure involving deprivation of liberty to be enforced in the case of nerespec-││ hard obligation (obligations) or instructions (instructions) │ │ question. │ │ │ parole [] │ 2. Additional information │ │ 2.1. The condemned person was in detention earlier condemnation in ││ next term: │ │ 2.2. The person executed a prison sentence involving deprivation of measure/│ │ freedom during the following periods (to be completed only if │ │ parole): │ │ 2.3. In the case of suspended sentences: │ │-during the period of deprivation of liberty whose execution was suspended: │ │ │ │-during the period of suspension: │ │ 2.4. Where information is available, the length of deprivation of liberty which ││ must be run 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 which ││ must be enforced in the event of such violations): │ │ j) particulars of the duration and the nature of the measure (s) or probation ││ of sanctions (penalties) ││ alternatives 1. The total duration of the surveillance measure (s) or probation ││ penalty (penalties): │ │ 2. Where appropriate, the duration of each individual obligations imposed under │ │ measure (s) of probation or sanctions (penalties) │ │ │ │ 3: alternative. During the whole period of surveillance (where differ ││ 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 certain authority with ││ of any change of residence or place of work; │ │ [] obligation not to enter in some localities, places or defined areas ││ State sentencing or execution; │ │ [] obligation containing limitations in terms of leaving the territory of the executing State ││; │ │ [] 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 │ │; │ │ [] is required to avoid contact with certain persons; │

 │ [] is required to avoid contact with certain objects, which were used ││ or are likely to be used by the person sentenced in ││ order committing criminal offences; │ │ [] obligation to fix in terms of financial damage caused by ││ crime and/or an obligation to provide the evidence of satisfying such ││ obligations; │ │ [] obligation to provide work for the benefit of the community; │ │ [] is required to cooperate with an agent (test-Councilman │ │ on plan), or with a representative of a social service that has responsabi-││ accessories regarding convicted persons; │ │ [] 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-or baţiune │ │ sanctions (penalties) alternative referred to in point 4: │ │ 6. Please tick the following box if available ││ assessment reports of the person sentenced: │ │ [] In case you ticked this box, please indicate in what language were ││ filed such reports: ││ k) other circumstances relevant to the cause, including relevant information regarding ││ previous convictions or the specific reasons which have determined a │ │ (some) of the probation measures or a (certain) │ │ (alternative sanctions Optional information): ││ Text judgment and, where appropriate, the probation decision ││ are attached to the certificate. │ │ certificate issuing authority's signature and/or the signature TAM-││ representatives to confirm the accuracy of the contents of the certificate: │ │ │ │: Function Name (title/grade): │ │ │ │ Date: case number (if any): │ │ official Stamp (if applicable): │ └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ — — — — — — — — Annex 9 was introduced by the pct. of article 71. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013, having regard to the content contained in annex 5 of the same regulatory action.


Annex 10 ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ │ │ FORM referred to in article 17 of the framework decision 2008/947/JHA of 27 November 2008 │ │ concerning the application of the principle of mutual recognition in ││ case judgments and probation decisions with a view to │ │ surveillance the probation measures and alternative sanctions ││ Reporting of breaching a probation measures to impose a sanction, alterna-tive ││ or any other findings ││ a) details concerning the identity of the person subject to supervision │ │ Name : full name: ││ ││ Name before marriage, if applicable: │ │ Alias, if applicable: │ │ │ │ Sex: Nationality: │ │ social security or social insurance number (where ││ any): date of birth: │ │ │ │ │ │ place of birth: address: │ │ language (s) on which it (they) understand (where information is ││ available): │ │ b) data on the judgment and If appropriate, the decision concerning the probation ││ suspension of sentence, the application of the death penalty, │ │ the alternative sanction or to conditional release ││ judgment rendered at: ││ file number (if any): │ │ where appropriate, the probation decision issued on: ││ file number (if any): ││ Court that issued the judgment │ │ business names : │ │ │ │ Address: where appropriate, the authority which issued the decision on probation ││ official name: │ │ │ Certificate │: Address delivered on: ││ Authority who issued the certificate: │ │ file number (if any): │ │ c) data on the authority responsible for supervision of the measure (s) │ │ probation or alternative sanctions (sanctions) official designation ││ authority : │ │ contact name: │ │ function (title/grade): │ │ │ │ Tel: Address. (country code) (area code region): │ │ Fax number (country code) (area code region): │ │ │ │ Email: d) Measure (measures) of probation or alternative sanctions (penalties) │ │ (alternative): │ │ the person referred to in subparagraph (a). next to) violate the following obligation │ │ (obligations) or instruction (instruction): │ └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ [] the obligation to inform the person convicted of a certain authority with ││ of any change of residence or place of work; │ │ [] obligation not to enter in some localities, places or defined areas ││ State sentencing or executing State; │ │ [] obligation containing limitations in terms of leaving the territory of the executing State ││; │ │ [] provisions relating to behaviour, residence, education and training, acti-│ │ leisure activities or ways of containing a │ │ occupational activities times limitations in this regard; │ │ [] is required to be present at specified dates before a certain ││ authorities; │ │ [] is required to avoid contact with certain persons; │ │ [] is required to avoid contact with certain objects, which were used ││ or are likely to be used by the person sentenced in ││ order committing criminal offences; │ │ [] obligation to fix in terms of financial damage caused by ││ crime and/or an obligation to provide the evidence of satisfying such ││ obligations; │ │ [] obligation to provide work for the benefit of the community; │ │ [] is required to cooperate with an agent (test-Councilman │ │ on plan), or with a representative of a social service that has accountability bilităţi │ │ as regards sentenced persons; │ │ [] is required to follow a therapeutic treatment or detoxification; │
 │[] alte măsuri: │
 └────────────────────────────────────────────────────────────────────────────┘

 ┌ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┐ │ e) description of the infringement (violations) (place, date and circumstances ││ specific): │ │ f) Other findings (where fitted) ││ findings Description: │ │ g) contact Data where it is necessary to obtain further information about │ │ │ │ violation Name: last name: │ │ │ │ │ │ Address: No. Tel. No. (country code) (area code region/locality) │ │ Fax: (country code) (area code region/locality): │ │ email (where available): │ │ Signature of the authority issuing the form and/or signature of authorized representatives-││ ment it to confirm the correctness of form content: │ │ │ │: Function Name (title/grade): │ │ │ │ Date: official Stamp (if applicable): │ └ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ┘ — — — — — — — — Annex 10 was introduced by the pct. of article 71. 1 of law No. 300 of 15 November 2013, published in MONITORUL OFICIAL nr. 772 of 11 December 2013, having regard to the content contained in annex 6 of the same regulatory action.

---------