Fiches Belges: Romania

Is this measure possible in your Member State under International Judicial Cooperation?

Yes. Title VI indent 1, Chapter 1 of Law no.302/2004 on international judicial cooperation in criminal matters (Articles 170 indent 1 - 170 indent 16)

International legal framework applicable for this measure in your Member State

Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention

* receive the request/decision for judicial cooperation

competence to receive certificates and the documents ordering supervision measures issued by other Member States of the European Union lies , in the criminal prosecution stage, with the Prosecution Office of the High Court of Cassation and Justice, and, in the court proceedings stage, with the Ministry of Justice.

* execute/recognise the measure (if other than the receiving authority)

Prosecution Offices of the District Courts or District Courts having jurisdiction over the ordinary legal residence of the supervised person. If the person’s residence is not in Romanian territory, the competence lies to the Prosecution Office of the Bucharest District Court or the District Court of Bucharest.

Accepted languages for the request/decision

Romanian

Deadlines for the execution of the request/decision (where applicable)

The procedure dis conducted with priority. The length of the procedure shall not exceed 40 days from the registration of the case with the prosecution office or the court.

a. Special requirements

N/A

b. Other useful information

N/A