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: Romania

Interim measures in view of confiscation (504)

1. MEASURE IMPLEMENTATION

Romania

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

Yes. Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence is implemented by Title VII, Chapter 2, Section 3 of the Law no. 302/2004 on international judicial cooperation in criminal matters. When other legal instruments are used, the measure is covered by Article 187 of Law no. 302/2004 on international judicial cooperation in criminal matters.

2. LEGAL FRAMEWORK

Romania

International legal framework applicable for this measure in your Member State

Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence, European Convention on Mutual Assistance in Criminal Matters,Second Additional Protocol to the 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, Protocol established by the Council in accordance with Article 34 of the Treaty on European Union to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime, Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism

3. COMPETENT AUTHORITY TO:

Romania

* 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 Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence, freezing orders is to be sent to the Ministry of Justice competent to receive In case of urgency, request may be made via EJN contact points or Eurojust.

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

Prosecution Offices of the District Courts or District Court

4. ACCEPTED LANGUAGES

Romania

Accepted languages for the request/decision

Romanian

5. EXECUTION DEADLINE

Romania

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

Once a freezing order is received, within 24 hours as of the receipt date, it is verified whether the order is accompanied by the certificate of the Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidenceor by any other document equivalent thereto, as well as by the translation into Romanian. During the stage of criminal prosecution, the competent prosecutor shall order by means of an ordinance, within no more than 5 days, the enforcement of the freezing order. In the stage of court proceedings, the allocation of the case shall occur in accordance with the relevant legal provisions applicable in this area, and the court hearing date shall not be later than 5 days. In case other legal instrument is used, there are no legal deadlines but the matter is swiftlly and urgently handled.

6. CONCISE LEGAL PRACTICAL INFORMATION

Romania

a. Special requirements

N/A

b. Other useful information

N/A

Last reviewed on 6 July 2016 by EJN Secretariat

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