Fiches Belges

Yes. Article 146 of the Law 302/2004 on international judicial cooperation in criminal matters, and Title V, Chapter 3 of the Law no. 302/2004 on international judicial cooperation in criminal matters implementing Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders.

Council Framework Decison 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders, 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

Ministry of Justice is the competent authority to receive the request. Execution of a foreign confiscation lies with the District Court (tribunal) under whose jurisdiction the property subject to confiscation is located. However, if the confiscation order relates to (1) several items of movable property located under the jurisdiction of different tribunals, the competence shall lie with the District Court of Bucharest (2) several items of movable property and one item of immovable property, the competence shall lie with the district court under whose jurisdiction the immovable property is located; (3) several items of immovable property, located under the jurisdiction of different district courts, the competence shall lie with the district Court under whose jurisdiction the item of immovable property with the highest value is located. In the case of multiple confiscation orders, transmitted by several issuing MS, for the same items of property, the competence lies with the district court that was notified first.

Romanian

Once a confiscation 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 or by any other document equivalent thereto, as well as by the translation into Romanian. 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 urgently handled.

Article 324 of the Law no. 302/2004 on international judicial cooperation in Criminal Matters provides for sharing of confiscated property. This Article follows the provisions of the Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders. The possibility of special arrangements was also foreseen. This Article is applicable in relation with third states (or with EU member states which did not yet implement the Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders) as well.