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

Audierea victimelor / reclamanţilor (707)

1. MEASURE IMPLEMENTATION

România

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

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

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 or courts

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

N/A

b. Other useful information

A victim shall be informed of the following rights and obligations: a) the right to be assisted by a counsel, and in case of mandatory legal assistance, the right to have a counsel appointed ex officio; b) the right to use a mediator in the situations permitted by law; c) the right to propose production of evidence, to raise objections and to argue in court, under the terms set by the law; d) the right to be informed of the conducting of proceedings, the right to file a prior complaint, as well the right to become a civil party in the trial; e) the obligation to come to court when summoned by the judicial bodies; f) the obligation to notify of any change of address. During the criminal investigation, the hearing of a victim shall be recorded with audio or audio-video devices, when criminal investigation bodies deem this necessary or when the victim requests this specifically, and such recording is possible. On the occasion of the first hearing, a victim shall be informed of the fact that, in the event that the defendant is deprived of freedom or convicted to a custodial sentence, the former can be informed of their release in any manner.

Last reviewed on 19 martie 2019 by Tools Correspondent

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