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

Hearing suspects/persons accused: by video conference (711)

1. MEASURE IMPLEMENTATION

Romania

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

Yes. The measure is covered by Article 178 of the Law no. 302/2004 on international judicial cooperation in criminal matters. This Article may also apply for the hearing of accused or defendants, where the person concerned consents and there is an agreement in this respect between the Romanian judicial authorities and those of the requesting State.

2. LEGAL FRAMEWORK

Romania

International legal framework applicable for this measure in your Member State

European Convention on Mutual Assistance in Criminal Matters, Second Additional Protocol to the European Convention on Mutual Assistance in Criminal MattersConvention 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:

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 legal instruments of the European Union, prosecution office of the courts of appeal or courts of appeal. 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 office of the courts of appeal or courts of appeal.

4. ACCEPTED LANGUAGES

Romania

Accepted languages for the request/decision

MLA: 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

Romania

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

Romania

a. Special requirements

Request shall also contain the reason why it is not desirable or possible for the suspect or accused to attend in person, the name of the judicial authority and of the persons who will be conducting the hearing.

b. Other useful information

Costs relating to establishing a video link, those related to the making available of this link in the requesting State, the remuneration of interpreters and the indemnities paid to witnesses and experts, as well as travelling expenses shall be reimbursed by the foreign requesting State to Romania, unless the latter expressly waived the reimbursement of all or part of such costs. Tehnical information, contact details of the tehnician and information on pre-meeting (test) should be included in the request or provided separatelly (VC standard information). EIO: execution of the EIO may be refused if: a) the suspect or defendant does not consent; or b) the execution of such an investigative measure in a particular case would be contrary to the fundamental principles of law of the Romanian State. The issuing authority and the executing authority agree on the practical arrangements. Where, in a given case, the executing authority has no technical means for a hearing by making a videoconference, the issuing State may make such arrangements available by mutual agreement.

Last reviewed on 19 March 2019 by Tools Correspondent

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