Fiches Belges

Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence is implemented by Title VII, Chapter 2, Section 3 of the Law no. 302/2004 on international judicial cooperation in criminal matters. When other legal instruments are used, the measure is covered by Article 146 and art 276 and the followings of Law no. 302/2004 on international judicial cooperation in criminal matters.

When there is a reasonable suspicion concerning the existence of an actual danger of concealment, destruction, disposal or removal of property subject to confiscation, the court may apply, ex officio or at the request of the issuing State or of the prosecutor, the freezing measure, by establishing a distraint, on the movable or immovable property in view of confiscation

The freezing order shall be issued by the prosecutor, during the stage of criminal prosecution, and by the court, during the trial. The freezing order shall be executed by the public prosecutor's office attached to the tribunal, during the stage of criminal prosecution, and by the tribunal, during the trial, in the district of which is located the property for which the freezing order has been issued

Romanian

When a Romanian judicial authority receives a freezing order, it shall, within 24 hours of receipt, verify whether the order is accompanied by the certificate or any other equivalent document, and by the translation into Romanian. In case the freezing order does not contain sufficient information to determine competence, the Romanian judicial authority may ask from the issuing judicial authority to transmit additional information, setting this purpose a 3-day time limit. In the trial stage, the case assignment shall be made in accordance with the legal provisions applicable in the matter, and the trial term can not exceed 5 days. In the stage of criminal prosecution, the competent prosecutor shall order by an ordinance, within 5 days. The trial stage shall settle the case, by an interlocutory judgment, rendered in the council chamber, in a panel of one judge.

The freezing of property shall be maintained until the final settlement of the request.