Fiches Belges

Under the International Judicial Cooperation measure is covered by Article 231 of the Law no. 302/2004 on international judicial cooperation in criminal matters. Under the Romanian legislation, identification of person, object, voices, sounds or other sensory perception elements may be ordered if this is necessary to clarify the circumstances of a case.

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 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. MLA: Identification of persons or object may be ordered by the prosecutor or by the criminal investigation bodies during the criminal investigation, or by the court during the trial. EIO: When Romania is the executing state, the recognition and execution of a European Investigation Order is within the competence of the Prosecutor's Office or the competent court and according tot he quality of the person, according to the Romanian law. Territorial jurisdiction is determined by the location of the investigative measure. European investigation orders dealing with deeds which, under the law, are within the competence of the Directorate for the Investigation of Organized Crime and Terrorism and the National Anticorruption Directorate are recognized and executed by them.

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.

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.

After ordering such measure and before an identification is made, the person making the identification has to be heard in relation to the person they are to identify. Such hearing consists of a description of all features of that person, as well as of the circumstances under which these have been seen. A person making an identification is asked whether they participated before in other identification proceedings concerning the same person or whether the person to be identified was previously indicated or described to them. A person to be identified is presented together with other 4 – 6 unknown persons, having features similar to the ones described by the person making the identification ( including identification of persons based on pictures) Identification takes place in such a way that the persons to be identified are unable to see the person who identifies them. A person’s identification, as well as the statements of the person making the identification are recorded in a report. Such minutes have to include the first and family names and addresses of the persons who were introduced in the identification group or whose pictures were presented to the person making the identification, the surname and first name of the identified person, as well as the order or court resolution ordering the identification of persons. If criminal investigation bodies deem it necessary, the identification activity is recorded with audio-video devices. The identification recording is attached to the minutes as an inherent part of it and may be used as evidence.