Fiches Belges
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Fiches Belges: România

Interception of telecommunication without the technical assistance of another Member State (107)

1. MEASURE IMPLEMENTATION

România

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

There are no special legal provisions for the interception of telecommunications without the technical assistance of Romania. Understanding is that, when interceptation of telecommunication adress used on the Romanian territory is made by another state without the technical assistance of Romania, this state is under obligation to inform Romania in this respect: a) prior to the interception in cases where it knows when ordering the interception that the subject is on the territory of Romania; (b) in other cases, immediately after it becomes aware that the subject of the interception is on the territory of Romania.

2. LEGAL FRAMEWORK

România

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

3. COMPETENT AUTHORITY TO:

România

* receive the request/decision for judicial cooperation

According to the declaration made by Romania when acceding to the Convention established by the Council in accordance with Article 34 of the Treaty on European Union, the Prosecution Office of the High Court of Cassation and Justice, is the competent authority for requests for assistance set out in Articles 18, 19 and 20(1) to (5) of this Convention. Therefore, information shall be sent to the Prosecution Office of the High Court of Cassation and Justice which will act in accordance with and within deadlines specified by Article 20 of the aformentioned Convention. In case of urgency, request may be made via EJN contact points or Eurojust.

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

Judge for Rights and Liberties In case of EIO: the Romanian competent authority is the Prosecutor's Office of the High Court of Cassation and Justice (art.268 ind. 24).

4. ACCEPTED LANGUAGES

România

Accepted languages for the request/decision

Information and annexed documents shall be accompanied by a translation into Romanian or into either English or French. Reciprocity may apply. In case of 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

România

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

MLA: As provided by Article 20 of the 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 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

România

a. Special requirements

The information to be notified by the intercepting state shall include: a) an indication of the authority ordering the interception; b) confirmation that a lawful interception order has been issued in connection with a criminal investigation; c) information for the purpose of identifying the subject of the interception; c) an indication of the criminal conduct under investigation; and d) the expected duration of the interception.

b. Other useful information

N/A

Last reviewed on 19 martie 2019 by Tools Correspondent

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