Fiches Belges

Yes. The measure is covered by Article 235 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 Directive 2014/41/EU of 3 April 2014 regarding the European Investigation Order in criminal matters

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, to the prosecution office of the courts of appeal or courts of appeal. In case of urgency, request may be made via EJN contact points or Eurojust. Prosecution office of the courts of appeal or courts of appeal are the competent authorities to execute/recognise the measure.

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.

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.

Request shall also contain the reason why it is not desirable or possible for the witness to attend in person, the name of the judicial authority and of the persons who will be conducting the hearing. Costs relating to establishing a video link, those related to the making available of this link in the requesting State, the remuneration of interpreters and the indemnities paid to witnesses and experts, as well as travelling expenses shall be reimbursed by the foreign requesting State to Romania, unless the latter expressly waived the reimbursement of all or part of such costs. Technical information, contact details of the technician and information on pre-meeting (test) should be included in the request or provided separately (VC standard information).