Fiches Belges: Roumanie

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

Yes. The measure is covered by Article 180 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, 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

* receive the request/decision for judicial cooperation

Prosecution Office of the High Court of Cassation and Justice. In case of urgency or when coordination is needed, request may be handled via Eurojust.

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

Prosecution Office of the High Court of Cassation and Justice

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)

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

According to Article 138 (12) of the Romanian Criminal Procedure Code, Controlled delivery designates a surveillance and investigation technique allowing for the entry, transit or exit from the territory of the country of goods in respect of which there is a suspicion related to the illicit nature of their possession or obtaining, under the surveillance of or based on an authorization from the competent authorities, for the purpose of investigating an offense or of identifying the persons involved in its commission.