Fiches Belges

Yes. The measure is covered by Articles 254 to 257 , and Article 264 of the Law no. 302/2004 on international judicial cooperation in criminal matters.

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.

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.