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1454
Uluslararası Adli İşbirliği
ARTICLE 4
Pre-emption of international law
(1) This law shall be applied based on and for executing the norms concerning judicial co-
operation in criminal matters, as comprised in the international judicial instruments to which Ro-
mania is a Party, which it supplements in situations that are not regulated therein.
(2) The co-operation with an international criminal court or a public international organisati-
on, according to the relevant provisions of special international instruments, such as the statutes
of international criminal courts, shall be examined by a distinct legal procedure; however, this law
may be applied accordingly, for supplementation, if necessary.
ARTICLE 5
International courtesy and reciprocity
(1) In the absence of an international convention, judicial co-operation can take place by vir-
tue of international courtesy, upon request sent through diplomatic channels by the Requesting
State and with a written assurance of reciprocity from the competent authority in that State.
(2) In the case provided in the previous paragraph, the present law is the common law in the
matter for the Romanian judicial authorities.
(3) The absence of reciprocity does not prevent the execution of a request for international
judicial co-operation in criminal matters, if it:
a) proves to be necessary because of the nature of the act or of the need to fight aga-
inst certain serious forms of crime;
b)may contribute to an improvement of the defendant or convict’s status or to his so-
cial reinsertion;
c)may serve to clarify the judicial status of a Romanian citizen.
ARTICLE 6
Assurance of reciprocity
If the Romanian State utters a request under this Law, based on international courtesy, the
assurance of reciprocity shall be given by the Minister of Justice, for each case, any time it is ne-
cessary, at the reasoned request of the competent Romanian judicial authority.
ARTICLE 7
Applicable law