Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Румъния

Агресивно обискиране на лицето (302)

1. MEASURE IMPLEMENTATION

Румъния

Is this measure possible in your Member State under International Judicial Cooperation?

Under the International Judicial Cooperation measure is covered by Article 174 (a) of the Law no. 302/2004 on international judicial cooperation in criminal matters. For Convention implementing the Schengen Agreement, Article 206 of he Law no. 302/2004 on international judicial cooperation in criminal matters is applicable. The measure as such is dealt by Article 190 of Romanian Criminal Code "Physical examination" and implies an internal and external examination of their body, as well as the harvesting of biological samples.

2. LEGAL FRAMEWORK

Румъния

International legal framework applicable for this measure in your Member State

European Convention on Mutual Assistance in Criminal Matters, Convention established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders, Directive 2014/41/EU of 3 April 2014 regarding the European Investigation Order in criminal matters

3. COMPETENT AUTHORITY TO:

Румъния

* receive the request/decision for judicial cooperation

Under the legal instruments of the Council of Europe, requests should be sent, during the investigation and prosecution stage, to the Prosecution Office of the High Court of Cassation and Justice, and during the trial stage, to the Ministry of Justice. Under the legal instruments of the European Union, direct communications between the competent judicial authorities is forseen. In case of urgency, request may be made via EJN contact points or Eurojust.

* execute/recognise the measure (if other than the receiving authority)

The Judge for Rights and Liberties shall rule upon such application for the conducting of a physical examination in chambers, through a court resolution that is not subject to any avenue of appeal.

4. ACCEPTED LANGUAGES

Румъния

Accepted languages for the request/decision

Requests and annexed documents shall be accompanied by a translation into Romanian or into either English or French. Reciprocity may apply This is without prejudice to the provisions concerning the translation of requests or annexed documents contained in the agreements or arrangements in force or to be made between Romania and requesting state. EIO: In relation to Member States which have declared that they request the transmission of European Investigation Orders and documents annexed exclusively in the national language, the Romanian authorities may request that the European Investigation Order and the annexed documents be translated into Romanian. In cases where the issuing authority indicates that the investigative measures are urgent, the European Investigation Order and the attached documents will be accompanied by a translation into Romanian.

5. EXECUTION DEADLINE

Румъния

Deadlines for the execution of the request/decision (where applicable)

No specific legal deadlines. EIO: The competent execution authority shall decide for the recognition and enforcement of the measure contained in the EIO as soon as possible within a maximum of 30 days of receipt of the EIO. If the evidence requested by the European Investigation Order is already in the possession of the Romanian authorities, the executing authority shall carry out the investigative measure within 90 days of the taking of the decision. If the competent execution authority cannot comply with the time limit, it may be prolonged by a maximum of 30 days.

6. CONCISE LEGAL PRACTICAL INFORMATION

Румъния

a. Special requirements

N/A

b. Other useful information

Criminal investigation bodies have to request in advance the written consent of persons who are to be subject to examination. In case of persons lacking mental competence, the consent to physical examination is requested from their legal representative, and in case of those having a limited mental competence, their written consent needs to be expressed in the presence of their legal guardians. In the absence of a written consent by the person to be examined, of their legal representative or of an approval by the legal guardian, the Judge for Rights and Liberties shall order, through a court resolution, upon justified request by the prosecutor, the physical examination of a person, if such measure is necessary for establishing facts or circumstances that would ensure a proper conducting of the criminal investigation or for determining whether a specific trace or consequence of an offense can be found on or inside their body. In cases where a person subject to examination gives their consent in writing or in emergency cases, when the obtaining of an authorization from the competent judge would lead to significant delays in the investigations, to the loss, alteration or destruction of the evidence, the criminal investigation body may order, through an order, the conducting of a physical examination. The order of the criminal investigation body, as well as the report recording the activities performed on the occasion of a physical examination are forwarded immediately to the Judge for Rights and Liberties. An internal physical examination of a person’s body or the harvesting of biological samples has to be performed by a physician, nurse or by a person having a specialized medical background, by observing private life and human dignity. An internal physical examination of an underage person who did not reach the age of 14 may be performed in the presence of either parent, upon request by that parent. Harvesting of biological samples through non-invasive methods for the performance of judicial genetic expert examination may be performed also by specialized personnel of the Romanian Police.

Last reviewed on 19 март 2019 by Tools Correspondent
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