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

Vizită şi percheziţie de domiciliu (601)

1. MEASURE IMPLEMENTATION

România

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

Yes, Articles 176 and 206 of the Law no. 302/2004 on international judicial cooperation in criminal matters.

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, 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 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

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 EU legal framework, direct coomunication is foreseen.

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

Judge of Rights and Liberties

4. ACCEPTED LANGUAGES

România

Accepted languages for the request/decision

MLA: 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.

5. EXECUTION DEADLINE

România

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.

6. CONCISE LEGAL PRACTICAL INFORMATION

România

a. Special requirements

The request submitted has to include: a) the full name and features of the person investigated by the Romanian authorities, identification of the traces that the offence was committed or other articles allegedly existing at the location to be searched; b) reason underlying the request for the search to be performed; c) indication of legal classification, description of the summary of facts, evidence or data revealing that the location where the search is requested to be performed harbours the person investigated by the foreign authorities or evidence may be revealed relating to the offence which was committed; d) if appropriate, indication of the evidence or data revealing a reasonable suspicion in relation to the perpetration of an offence or of articles and documents forming the object of the offence; e) indication of the location where the search will be performed. The request is admitted, provided that the following conditions are met: a) the offence forming the object of the criminal proceedings conducted in the requesting State would have amounted, if committed in Romanian territory, an offence and its author liable to be punished. If the measure was applied for several offences, the condition shall be checked for each and every offence; b) the penalty stipulated in the Romanian law and the law of the requesting State for the offence committed by the person investigated by the requesting State is of at least one year imprisonment.

b. Other useful information

In relation to the States party to the Convention applying the Schengen Agreements the execution of search may be made dependent on the following conditions: a) the fact is punishable under Romanian legislation and that of the requested State by a penalty involving deprivation of liberty or a detention order of a maximum period of at least six months, or is punishable under the law of one of the two Parties by an equivalent penalty and under the law of the other Party by virtue of being an infringement of the rules of law which is prosecuted by the administrative authorities, and where the decision may give rise to proceedings before a court having jurisdiction in particular in criminal matters; b) execution of request is consistent with the Romanian law.

Last reviewed on 19 martie 2019 by Tools Correspondent

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