Measure Implementation

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

Yes. the EIO Directive was implemented in Chapter VIII, section 6 of Law 302/2004 on international judicial cooperation in criminal matters. Council Framework Decision 2003/577/JHA applies in relation with Denmark and Ireland.

Legal Framework

International legal framework applicable for this measure in your Member State

Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters, Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence, 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, 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

Competent Authority

* receive the request/decision for judicial cooperation

The fact-finding bodies are under the obligation to take steps to preserve the location where offenses were committed and to collect or preserve material evidence. Concluded acts, together with the material evidence shall be transmitted forthwith to criminal investigation bodies.

Accepted languages

Accepted languages for the request/decision

Romanian, English or French

Execution deadline

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

Preservation of protection data - is ordered by the prosecutor, ex officio or upon request by criminal investigation bodies, for a term of maximum 60 days

Concise legal practical information

Special requirements

For the preservation of materials resulted from electronic surveillance, the Judge for Rights and Liberties shall order preservation of the material medium or of the certified copy of it, by archiving it at the premises of the court, in special places, in a sealed envelope, in order to ensure confidentiality. If the objects evidence are perishable and are subject to a special legal regime of conservation and preservation, they are handed over to a public authority or institution or to another legal entity under public law that owns the necessary infrastructure for the management of materials with a special legal regime

Last reviewed on 3 October 2022 by EJN Secretariat

NEXT MEASURE

  • Securing evidence (A.30 – A.32)
  • A.32 Examination of the crime scene
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