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. An expert evaluation (report) is ordered when the opinion of an expert is also required for the ascertaining, clarification or assessment of facts or circumstances that have importance for finding the truth in a case. This includes also toxicological and genetic evaluations (reports).

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: Prosecutor, during the investigation stage, and 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.

A forensic medical examination and expert evaluation (report) are conducted within forensic medical institutions. According to the Article 189 of the Romanian Criminal Procedure Code, a Forensic medical examination of a person for the identification of traces and consequences of an offense is conducted according to a special law. The forensic physician who conducted a forensic medical examination shall prepare a forensic medical report or, as applicable, an expert report. Traumatic injuries are confirmed, as a rule, by a physical examination. If such physical examination is not possible or necessary, an expert examination is conducted based on the medical documentation made available to the expert. An expert evaluationn (report) or a forensic medical report has to contain: a description of traumatic injuries, as well as the opinion of an expert on the nature and seriousness of injuries, the mechanism and date when they were caused, and the consequences caused by these. According to the Article 188 of the Romanian Criminal Procedure Code, in the event that there is a suspicion related to poisoning, the conducting of a toxicological expert examination is ordered. Products deemed suspect of having caused the poisoning are sent to a forensic medical institution or to another specialist institution. Conclusions of a toxicological expert report include specialist findings related to the type of poisonous substances, their quantity, the way they were administered, as well as the potential consequences of the discovered substance and other elements that would help to find the truth. According to Article 191 of the Romanian Criminal Procedure Code, a judicial genetic expert examination may be ordered by the criminal investigation body, through an order, during the criminal investigation, or by the court, through a court resolution, during the trial, in respect of biological samples harvested from persons or of any other evidence found or seized. A judicial genetic expert report is conducted in a forensic medical institution, a specialist institution or laboratory or in any other specialized institution certified and accredited for such type of analyses. Biological samples harvested on the occasion of a bodily examination may be used only for the identification of the judicial genetic profile. A judicial genetic profile may also be used in a different criminal case, if this serves to the finding of the truth.