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Law No. 368 Of 15 September 2004

Original Language Title:  LEGE nr. 368 din 15 septembrie 2004

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LEGE no. 368 368 of 15 September 2004 for the ratification of the Second Additional Protocol to the European Convention on Legal Assistance in Criminal Matters, adopted in Strasbourg on 8 November 2001
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 913 913 of 7 October 2004



The Romanian Parliament adopts this law + Article 1 The Second Additional Protocol to the European Convention on Legal Assistance in Criminal Matters is ratified, adopted in Strasbourg on 8 November 2001 and signed by Romania in Strasbourg on 8 November 2001. + Article 2 The following statements shall be made on the occasion of the deposit of the instrument 1. Based on art. 15 15 paragraph 9 of the European Convention on Judicial Assistance in Criminal Matters, as amended by Article 2 (1) of the Treaty 4 of the Second Additional Protocol: " Applications for international legal aid and judicial documents may be transmitted by means of electronic means of communication or by any other means of telecommunication, provided that the requesting State submits, in parallel, the original of the application and/or the 2. Based on art. 24 of the European Convention on Judicial Assistance in Criminal Matters, as amended by art. 6 of the Second Additional Protocol: " The Romanian judicial authorities are the courts and prosecutors ' offices besides them, and the central authorities are the Ministry of Justice, for the requests for judicial assistance from the trial stage, namely the Prosecutor's Office of the High Court of Cassation and Justice, for requests for judicial assistance from the phases of investigation and prosecution. For applications for legal aid to which art. 15 15 paragraph 3 of the Convention, the central authority is the Ministry of Administration and Interior. " 3. Based on art. 13 paragraph 7 of the Second Additional Protocol: " For the realization of the agreement provided for in paragraph 1 of 13, the consent provided for by paragraph 3 of art. 13 13. " 4. Based on art. 17 paragraph 4 of the Second Additional Protocol: " It is designated as competent agents for the application of paragraphs 1 and 2 of art. 17 police workers of the Ministry of Administration and Interior. The competent central authority for receiving the requests for assistance referred to in Article 17 paragraphs 1 and 2 is the Ministry of Justice. " 5. Based on art. 18 paragraph 4 of the Second Additional Protocol: " The competent authority for the application of 18 is the Prosecutor's Office of the High Court of Cassation and Justice. Supervised deliveries subject to an application for international legal assistance to Romania must be authorized by the competent prosecutor, according to the Romanian law. " 6. Based on art. 19 paragraph 4 of the Second Additional Protocol: " The competent authority for the application of 19 is the Prosecutor's Office of the High Court of Cassation and Justice. Carrying out acts of criminal investigation under cover, based on an application for international judicial assistance to Romania, must be authorized by the competent prosecutor, according to the Romanian law. " This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU p. SENATE PRESIDENT, DORU IOAN TARACILA Bucharest, September 15, 2004. No. 368. PROTOCOL 08/11/2001