Fiches Belges

Yes, Article 245, 254-257, 264 of the Law no. 302/2004 on international judicial cooperation in criminal matters

European Convention on Mutual Assistance in Criminal Matters, Second Additional Protocol to the 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 The rule remains art.5 para.(1) of the 2000 Convention, meaning service by postal serviced directly to the addressee (in cases he is not detained in another state, situation in which there is the need for MLA via competent Romanian local authorities). RO considers that this measure does not fall into the scope of the EIO Directive. However, RO will not refuse EIOs asking for service of documents issued by Member States which have a different interpretation of art.34(1) of the EIO Directive

Local prosecution offices or courts in which jurisdiction is the domicile or place of detention of the person who is to receive the procedural documents. The foreign competent judicial authorities may directly address, by post, procedural documents and judicial decisions, to persons who are in the territory of Romania. However, where the addressee's address is unknown or where the requesting authority requires a document to be served in person, dispached is to be done via the Romanian judicial authorities.

Request 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. Where there is reason to believe that the addressee does not understand the language in which the document is written, the document to be served or at least the important passages thereof must be translated in Romanian. If the authority forwarding the document knows that the addressee understands only some other language, the document or at least the important passages thereof must be translated into that other language.

No legal deadlines

If the appearance in person of a witness is requested to the Romanian authorities by a foreign prosecution office or court, where the witness declares that he/she will appear in person, the latter may request the payment of an advance from the amount of the travelling and subsistence expenses. The prosecution office or court shall specify in a conclusion the amount of money requested by the witness or expert, the banking unit where the amount of money is to be deposited in the name of the witness or expert, and at the disposal of the competent Romanian judicial authority. Procedural documents and judicial decisions shall be accompanied by a report stating that the addressee may obtain information from the authority identified in the report, regarding his or her rights and obligations concerning the service of the papers. The summons to appear addressed to a suspect or accused who is in Romanian territory, shall be sent no later than 40 days before the date set for appearance. This time shall be taken into account when the date of appearance is being fixed and when the summons is being transmitted.