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: România

Confiscare (505)

1. MEASURE IMPLEMENTATION

România

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

Yes. Article 140 of the Law 302/2004 on international judicial cooperation in criminal matters, and Title VII, Chapter 2, Section 5 of the Law no. 302/2004 on international judicial cooperation in criminal matters implementing Council Framework Decison 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders.

2. LEGAL FRAMEWORK

România

International legal framework applicable for this measure in your Member State

Council Framework Decison 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders, 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, Protocol established by the Council in accordance with Article 34 of the Treaty on European Union to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime, Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism

3. COMPETENT AUTHORITY TO:

România

* receive the request/decision for judicial cooperation

Ministry of Justice

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

Execution of a foreign confiscation lies with the District Court (tribunal) under whose jurisdiction the property subject to confiscation is located. However, if the confiscation order relates to (1) several items of movable property located under the jurisdiction of different tribunals, the competence shall lie with the District Court of Bucharest (2) several items of movable property and one item of immovable property, the competence shall lie with the district court under whose jurisdiction the immovable property is located; (3) several items of immovable property, located under the jurisdiction of different district courts, the competence shall lie with the district Court under whose jurisdiction the item of immovable property with the highest value is located. In the case of multiple confiscation orders, transmitted by several issuing MS, for the same items of property, the competence lies with the district court that was notified first.

4. ACCEPTED LANGUAGES

România

Accepted languages for the request/decision

Romanian

5. EXECUTION DEADLINE

România

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

Once a confiscation order is received, within 24 hours as of the receipt date, it is verified whether the order is accompanied by the certificate of the Council Framework Decision or by any other document equivalent thereto, as well as by the translation into Romanian. The allocation of the case shall occur in accordance with the relevant legal provisions applicable in this area, and the court hearing date shall not be later than 5 days. In case other legal instrument is used, there are no legal deadlines but the matter is swiftlly and urgently handled.

6. CONCISE LEGAL PRACTICAL INFORMATION

România

a. Special requirements

N/A

b. Other useful information

Article 265 of the Law no. 302/2004 on international judicial cooperation in Criminal Matters provides for sharing of confiscated property. This Article follows the provisions of the Council Framework Decison 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders. The possibility of special arrangements was also foreseen. This Article is applicable in relation with third states (or with EU member states which did not yet implement the Council Framework Decison 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders) as well.

Last reviewed on 6 iulie 2016 by Secretariatul RJE

Guide for a first visit
If you don't know how to use the fiches belges for help in request mutual legal assistance, visit this page

  • © 2017 RJE. Toate drepturile rezervate.