Fiches Belges: Roumanie

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

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

* 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 and courts

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.

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.

a. Special requirements

N/A

b. Other useful information

Hearing of underage witnesses up to 14 years of age shall take place in the presence of one of the parents, of the guardian or of the person or representative of the institution to which the minor is entrusted for raising and education. If the persons mentioned above cannot be present or have the capacity of suspect, defendant, victim, civil party, party with civil liability or witness in the case, or if there is a reasonable suspicion that these can influence the minor’s statement, their hearing shall take place in the presence of a representative of the guardianship authority or of a relative having full legal capacity, established by the judicial bodies. If they deem it necessary, upon request or ex officio, criminal investigation bodies or the court may order that a psychologist be present during the hearing of underage witnesses. Hearing of underage witnesses must avoid the causing of any negative impact on their psychological state. The prosecutor or, as applicable, the court may decide to grant the status of vulnerable witness to the following categories of persons: a) witnesses who suffered a trauma as a result of the committed offense or of the subsequent behavior of a suspect or defendant; b) underage witnesses.