Fiches Belges

Yes, the measure of obtaining information on bank accounts is covered by Article 267 of Law no. 302/2004 on international judicial cooperation in criminal matters. However, this article is applicable only when 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 is used. In all other cases, the measure falls under 231 (a) of the Law no. 302/2004 on international judicial cooperation in criminal matters. Article 346 of Law 302/2004 on international judicial cooperation in criminal matters also applies for EIOs.

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, Protocol established by the Council in accordance with Article 34 of the Treaty on European Union to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime, Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism, Council Decision of 17 October 2000 concerning cooperation between FIUs, FD 2006/960/JHA of 18 December 2006 concerning cooperation between law enforcement authorities of the MS and Council Decision 2007/845/JHA concerning cooperation between AROs 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, direct communications between the competent authorities (FIU, law enforcement authorities, ARO, prosecution offices) is forseen. In case of urgency, request may be made via EJN contact points or Eurojust.

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.

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 for information on bank accounts shall specify: the authority making the request and the authority carrying out the investigations or proceedings; the object of and the reason for the request; the matters, including the relevant facts (such as date, place and circumstances of the offence) to which the investigations or proceedings relate; the text of the statutory provisions or, where this is not possible, a statement of the relevant law applicable; where necessary and in so far as possible: details of the person or persons concerned, including name, date and place of birth, nationality and location, and, in the case of a legal person, its seat; any particular procedure the requesting authority wishes to be followed; to state why it considers that the requested information is likely to be of substantial value for the purpose of the criminal investigation into the offence; to state on what grounds it presumes that banks in Romania hold the account and specify, to the widest extent possible, which banks and/or accounts may be involved; and include any additional information available which may facilitate the execution of the request. Double criminality is required. Under Protocol established by the Council in accordance with Article 34 of the Treaty on European Union to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union the measure applies shall apply only if the investigation concerns; a) an offence punishable by a penalty involving deprivation of liberty or a detention order of a maximum period of at least four years in the requesting State and at least two years in the requested State, or b) an offence referred to in Article 2 of the 1995 Convention on the Establishment of a European Police Office (Europol Convention), or in the Annex to that Convention, as amended, or c) to the extent that it may not be covered by the Europol Convention, an offence referred to in the 1995 Convention on the Protection of the European Communities' Financial Interests, the 1996 Protocol thereto, or the 1997 Second Protocol thereto.