Fiches Belges

Under International Judicial Cooperation the measure is covered by Article 241 of the Law no. 302/2004 on international judicial cooperation in criminal matters and includes the interception of communications or of any type of remote communications designates the wiretapping, accessing, monitoring, collection or recording of communications via phone, computer system or any other communication device.

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 Prosecution Office of the High Court of Cassation and Justice, and during the trial stage, to the Ministry of Justice. According to the declaration made by Romania when acceding to the Convention established by the Council in accordance with Article 34 of the Treaty on European Union, the Prosecution Office of the High Court of Cassation and Justice, is the competent authority for requests for assistance set out in Articles 18, 19 and 20(1) to (5) of this Convention. In case of urgency, request may be made via EJN contact points or Eurojust. 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 to the 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. The measure is subject to the authorization (electronic surveillance warrant) of the Judge for Rights and Liberties of the competent court and can be disposed for a period no longer than 6 months (for the same person and the same criminal act). The prosecutor may however authorize the measure, for a time period of maximum 48 hours, when: a) there is an emergency situation, and the obtaining of a electronic surveillance warrant would lead to a substantial delay of investigations, to the loss, alteration or destruction of evidence, or would jeopardize the safety of the victim, of witnesses or of their family members; a) there is a reasonable suspicion in relation to the preparation or commission of one of the offenses listed below; b) such measure is proportional to the restriction of fundamental rights and freedoms, considering the particularities of the case, the importance of information or evidence that are to be obtained or the seriousness of the offense. Within a maximum of 24 hours following expiry of a measure, the prosecutor is under an obligation to notify the Judge for Rights and Liberties of the competent court in order for them to confirm the measure and, at the same time, shall forward a report presenting a summary of the electronic surveillance activities performed and the case file. EIO: The European Investigation Order is recognized, without the need for any other formality, and executed by the competent authority except in cases expressly provided for by law. The Romanian competent authority ensures the execution of the EIO in the same way and with the same means as if the investigative measure had been ordered by a Romanian authority. If the European Investigation Order issued in the criminal investigation phase has as its object the taking of measures which, according to Romanian law, fall within the jurisdiction of the judge of rights and freedoms, the competent prosecutor will notify the judge of rights and freedoms from the appropriate court in the territorial jurisdiction of which the Prosecutor's Office is located, with a view to recognizing the European Investigation Order.

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 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.

Requests made under this Article must meet the following conditions: a) to confirm that lawful interception order or warrant has been issued in the requesting state in connection with a criminal investigation; b) information for the purpose of identifying the subject of this interception; c) an indication of the criminal conduct under investigation; d) the desired duration of the interception; and e) if possible, the provision of sufficient technical data, in particular the relevant network connection number, to ensure that the request can be met. When the person sought is present in the requesting State and his or her communications can be intercepted in that State the request must contain also a summary of the facts. The requested Romanian authority may require any further information to enable it to decide whether the requested measure would be taken by it in a similar national case. The measure is authorized by the Judge for Rights and Liberties when the following requirements are cumulatively met: a) there is a reasonable suspicion in relation to the preparation or commission of one of the offenses listed below; b) such measure is proportional to the restriction of fundamental rights and freedoms, considering the particularities of the case, the importance of information or evidence that are to be obtained or the seriousness of the offense; c) evidence could not be obtained in any other way or its obtaining implies special difficulties that would harm the investigation, or there is a threat for the safety of persons or of valuable goods. Measure may also be ordered in case of offenses against national security stipulated by the Criminal Code and by special laws, as well as in case of drug trafficking, weapons trafficking, trafficking in human beings, acts of terrorism, money laundering, counterfeiting of currency or securities, counterfeiting electronic payment instruments, offenses against property, blackmail, rape, deprivation of freedom, tax evasion, corruption offenses and offenses assimilated to corruption, offenses against the European Union’s financial interests, offenses committed by means of computer systems or electronic communication devices, or in case of other offenses in respect of which the law sets forth a penalty of no less than 5 years of imprisonment.