Fiches Belges

Under the International Judicial Cooperation measure is covered by Article 231 (a) of the Law no. 302/2004 on international judicial cooperation in criminal matters. Under the Romanian law, the measure is disposed in case of offenses committed by juveniles aged between 14 and 16, in case of killing or injury of a new-born infant or of a fetus by the mother, as well as when the criminal investigation body or the court have doubts on the judgment of a suspect or defendant at the moment of commission of the offense subject to indictment.

Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order 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, 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 Prosecutor Office attached to 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 judicial authorities is foreseen. In case of urgency, request may be made via EJN contact points or Eurojust. The judge for Rights and Liberties are the competent authorities to execute 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.

No legal deadlines. In case of 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.

The measure is conducted after obtaining the written consent of the person to be subjected to examination, expressed in the presence of a selected or court appointed counsel, before judicial bodies, and, in case of underage persons, in the presence of their legal guardian. If during the criminal investigation a suspect or defendant refuses to be subject to an expert examination or fails to appear for examination before the forensic psychiatric examination committee, the criminal investigation body shall notify the prosecutor or the Judge for Rights and Liberties for the issuance of a bench warrant to bring them before the forensic psychiatric examination committee. If the forensic psychiatric expert examination committee deems that a more complex examination is necessary, which requires the medical admission of the suspect or defendant in a specialized medical institution, and they refuse such admission, the committee shall notify criminal investigation bodies or the court on the need to take an involuntary admission measure.