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Fiches Belges: România

European Arrest Warrant (901)

1. MEASURE IMPLEMENTATION

România

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

Yes. The Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States is implemented by Title III of the Law no. 302/2004 on international judicial cooperation in criminal matters (Articles 84 to 122)

2. LEGAL FRAMEWORK

România

International legal framework applicable for this measure in your Member State

Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States

3. COMPETENT AUTHORITY TO:

România

* receive the request/decision for judicial cooperation

Prosecution Office of the Courts of Appeal under whose jurisdiction the requested person was located. If the location of the requested person is not known, the European Arrest Warrant shall be sent to the Prosecutor’s Office of Court of Appeals of Bucharest or to the Ministry of Justice.

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

Courts of Appeal

4. ACCEPTED LANGUAGES

România

Accepted languages for the request/decision

Romanian, English, French. Reciprocity may apply

5. EXECUTION DEADLINE

România

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

The European Arrest Warrant shall be solved and executed in emergency procedure. The decision on the execution of the European Arrest Warrant shall be rendered no later than 10 days after the court hearing date during which the requested person expressed his/her consent to be surrendered. In all other cases, the final decision concerning the execution of the European Arrest Warrant shall be rendered within 60 days after the requested person was arrested. When, for justified reasons, a decision cannot be handed down within the time limits mentioned in the previous paragraphs, the court may postpone the handing down for 30 days, while announcing this to the issuing judicial authority, together with the grounds for postponement and while maintaining the measures necessary in view of surrender.

6. CONCISE LEGAL PRACTICAL INFORMATION

România

a. Special requirements

The European Arrest Warrant shall be delivered by the issuing state directlly to the competent Prosecution Office of the Court of Appeal within no more than 10 days after the person sought was arrested.

b. Other useful information

Surrender is performed by the Center for International Police Co-operation within the Romanian General Police Inspectorate, with the support of the police precincts under whose jurisdiction the detention place is located, within 10 days after the surrendering decision became final. For approval of transit of a person in Romanian territory in view of executing a European Arrest Warrant, the Issuing State must submit a request to the Ministry of Justice.

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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