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

Transfer of proceedings (1001)

1. MEASURE IMPLEMENTATION

Румъния

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

Yes. Title IV of the Law no. 302/2004 on international judicial cooperation in criminal matters (Articles 123 to 129).

2. LEGAL FRAMEWORK

Румъния

International legal framework applicable for this measure in your Member State

European Convention on Mutual Assistance in Criminal Matters, European Convention on the Transfer of Proceedings in Criminal Matters, 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 Article 17 of the Directive 2012/29/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA Exchange of information previous to a transfer of criminal proceedings is done based on the Council Framework Decision 2009/948/JHA of 30 November 2009 on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings,

3. COMPETENT AUTHORITY TO:

Румъния

* receive the request/decision for judicial cooperation

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. In case of urgency, request may be made via EJN contact points or Eurojust.

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

When the offence was committed in the Romanian territory, requests to take over criminal prosecution or trial shall be settled, as the case may be, by prosecutor’s offices of the courts of appeals or the courts of appeals having jurisdiction over the location where the offence was committed or the investigated person was identified or the prejudiced person resides. When the offence was committed abroad, the requests for taking over the criminal prosecution or trial shall be settled, as the case may be, by the prosecutor’s office of the court of appeal having jurisdiction over the residence of the perpetrator or by the court of appeals. If the perpetrator does not have his domicile and does not reside in Romania, the competence in settling the request shall pertain to the Prosecutor’s Office of the Court of Appeals of Bucharest or to the Court of Appeals of Bucharest. Requests for taking over criminal prosecution in relation to offences which, in accordance with the law, fall under the jurisdiction of the Directorate for Investigating Organized Crime and Terrorism or the National Anti-Corruption Directorate, shall be settled by the latter.

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.

5. EXECUTION DEADLINE

Румъния

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

No legal deadlines.

6. CONCISE LEGAL PRACTICAL INFORMATION

Румъния

a. Special requirements

N/A

b. Other useful information

It is stronlly advised to use Guidelines on practical measures to improve co-operation in respect of transfer of proceedings, including a model request form http://www.coe.int/t/dghl/standardsetting/pc-oc/PCOC_documents/PC_OC_INF_78%20Guidelines%20and%20model%20request%20form%20on%20transfer%20of%20proceedings.pdf

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ

See Related Measures


Guide for a first visit
If you don't know how to use the fiches belges for help in request mutual legal assistance, visit this page

  • ® 2021 EJN. All Rights Reserved