Fiches Belges
Measure Implementation
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Accepted Languages
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Execution Deadline
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Legal info
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Fiches Belges: Romania

Cross-border tracking (by placing a beeper on a vehicle or a person) (803)

1. MEASURE IMPLEMENTATION

Romania

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

Yes. The measure is covered by Articles 183 and 208 of the Law no. 302/2004 on international judicial cooperation in criminal matters. Subject to any contrary provisions existing in the convention applicable in relation to that State, the agents of a foreign State who, within the framework of a judicial investigation, are keeping under observation in their country a person who is presumed to have taken part in a criminal offence to which extradition may apply, or a person who it is strongly believed will lead to the identification or location of the abovementioned person, shall be authorized to continue their observation in the territory of Romania, based on a request for judicial assistance which has been previously submitted. On request, the observation may be entrusted to the competent Romanian authorities

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, 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

3. COMPETENT AUTHORITY TO:

Romania

* receive the request/decision for judicial cooperation

Center for International Police Cooperation (Sirene Office)

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

Prosecution Office of the High Court of Cassation and Justice

4. ACCEPTED LANGUAGES

Romania

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

Romania

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

Within 5 hours. Cross-border observation shall cease where the authorization has not been obtained within 5 hours of the border being crossed, as well as at the request of the Prosecution Office of the High Court of Cassation and Justice

6. CONCISE LEGAL PRACTICAL INFORMATION

Romania

a. Special requirements

Cross-border observation is allowed for the following offences: a) homicide, assassination and murder; b) serious sexual offences, including rape and sexual abuse of children; c) destruction and aggravated destruction, committed through arson, explosion or any other such means; d) counterfeiting and forgery of means of payment; e) aggravated theft and robbery, as well as receiving stolen goods; f) extortion; g) kidnapping; h) traffic in human beings and related offences; i) traffic in narcotic drugs or precursors; j) breach of the laws on arms, ammunition, explosives, nuclear materials and other radioactive substances; k) illegal carriage of toxic and dangerous waste; l) smuggling of aliens; m) blackmail. In addition, croos-border observation is allowed for a) manslaughter; b) serious fraud; c) money laundering; d) illicit traffic in nuclear and radioactive substances; e) participation in criminal organizations, mentioned in the Joint Action 98/733/JHA of 21 December 1998 on making it a criminal offence to participate in a criminal organization in the Member States of the European Union; f) offences of terrorism provided in the Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism. Request has to invlude the following information: Information available on the ground ( Alternate use of registration plates requested, Estimated time of surveillance (day, month, year, time, duration of the operation), Estimated area of the operation, Estimated location of crossing the border, Information on the person observed (Personal information (armed, violent, drug user), Vehicle with a tracking device)

b. Other useful information

When, for particularly urgent reasons, prior authorization of Romania cannot be requested, the foreign officers conducting the observation within the framework of a criminal investigation shall be authorized to continue in Romanian territory the observation of a person presumed to have committed any of the offences listed above, provided that the following conditions are met : a) the crossing of the border shall be notified at once, during the observation, to the Prosecution Office of the High Court of Cassation and Justice, as well as to the structure of the Border Police operating within the border crossing point; b) a request outlining the grounds for crossing the border without prior authorization shall be submitted without delay. During the cross-border surveillance, the requesting state may ask to approve the taking of audio, video, ambient and GPS recordings.

Last reviewed on 6 July 2016 by EJN Secretariat

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