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

Изслушване на лица, сътрудничещи на разследването (706)

1. MEASURE IMPLEMENTATION

Румъния

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

Yes. 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

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 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 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)

Local prosecution offices or courts

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)

MLA: 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

If there is a reasonable suspicion that the life, physical integrity, freedom, assets or professional activity of a witness or of a member of their family could be jeopardized as a result of the data provided by them to judicial bodies or of their statements, the judicial bodies of competent jurisdiction shall grant them the status of protected witness . The hearing of protected witnesses may be conducted through audio-video devices, without the physical presence of the witness at the venue where judicial bodies are. Main trial subjects, parties and their counsels may cross examine protected witnesses . Judicial bodies shall deny questions that may lead to a witness' identification. Statements of protected witnesses shall be recorded using audio and video technical devices and shall be fully transcribed in a written format. During the criminal investigation, statements are signed by criminal investigation bodies or, as applicable, by the Judge for Rights and Liberties and by the prosecutor who attended the hearing of witnesses, and shall be included in the case file. Transcribed witness statements shall also be signed by these and shall be stored with the case file submitted to the prosecutors’ office, in a special place, under confidentiality terms. During the trial, witness statements are signed by the judicial panel’s presiding judge. The medium on which witness statements were recorded, in original, sealed with the seal of the prosecutors’ office or, as applicable, of the court before which the statement was given, shall be stored under confidentiality terms. The medium containing the recordings made during the criminal investigation shall be submitted at the end of the criminal investigation to the court of competent jurisdiction, together with the case file, and shall be stored under the same confidentiality terms.

Last reviewed on 19 март 2019 by Tools Correspondent

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