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

Неволен обмен на информация (401)

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 179 of the Law no. 302/2004 on international judicial cooperation in criminal matters. As a sending state, Romanian judicial authorities may, without prior request, forward to the competent authorities of a foreign State information obtained within the framework of their own investigations, when they consider that the disclosure of such information might assist the receiving State in initiating criminal proceedings, or might lead to a request for judicial assistance by that State. Conditions on the use of the information sent may be imposed. The receiving State shall be bound by the conditions imposed.

2. LEGAL FRAMEWORK

Румъния

International legal framework applicable for this measure in your Member State

Convention on Cybercrime 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 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

Prosecution Office of the High Court of Cassation and Justice

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

N/A

4. ACCEPTED LANGUAGES

Румъния

Accepted languages for the request/decision

Information and annexed documents shall be accompanied by a translation into Romanian or into either English or French. Reciprocity may apply. 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 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

N/A

Last reviewed on 19 март 2019 by Tools Correspondent
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