Fiches Belges

Yes. 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 244 of Law no. 302/2004 on international judicial cooperation in criminal matters.

Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence, European Convention on Mutual Assistance in Criminal Matters, Second Additional Protocol to the 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, Protocol established by the Council in accordance with Article 34 of the Treaty on European Union to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime, Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism Directive 2014/41/EU of 3 April 2014 regarding the European Investigation Order in criminal matters 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. Under the Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence, freezing orders is to be sent to the Ministry of Justice competent to receive In case of urgency, request may be made via EJN contact points or Eurojust. The competent authorities to recognize the measure are Prosecutor Offices of the District Courts or District Courts.

Romanian

Once a freezing order is received, within 24 hours as of the receipt date, it is verified whether the order is accompanied by the certificate of the Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence or by any other document equivalent thereto, as well as by the translation into Romanian. During the stage of criminal prosecution, the competent prosecutor shall order by means of an ordinance, within no more than 5 days, the enforcement of the freezing order. In the stage of court proceedings, the allocation of the case shall occur in accordance with the relevant legal provisions applicable in this area, and the court hearing date shall not be later than 5 days. In case other legal instrument is used, there are no legal deadlines but the matter is swiftly and urgent handled.

Double criminality and consistency with the national law might be required, except for he freezing order made under the Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence