Page 1467 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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1455
Kanunları ve Tercümeleri
Requests sent to the Romanian authorities in the fields regulated by this Law shall be fulfilled
according to the Romanian norms of procesual criminal law, unless this Law provides otherwise.
ARTICLE 8
Repealed.
ARTICLE 9
Repealed.
ARTICLE 10
Non bis in idem
(1) International judicial co-operation is not admissible when, in Romania or in any other Sta-
te, criminal prosecution has taken place for the same act and if:
a)
a final decision has ordained acquittal or cessation of the criminal trial;
b)
the penalty applied in this cause, through a final sentence, has been served or
was the object of pardon or amnesty, either as a whole or for the part of it left unserved;
(2) Paragraph (1) shall not apply if assistance is requested in order to review the final decision,
for one of the reasons that justify the promotion of a means of extraordinary judicial review pro-
vided in the Romanian Criminal Procedure Code.
(3) Paragraph (1) shall not apply where an international treaty to which Romania is a party
contains conditions that are more favourable as regards the principle of non bis in idem.
ARTICLE 11
Repealed.
ARTICLE 12
Confidentiality
Romania is obliged to make sure, to the extent possible, upon request from the Requesting
State, of the confidentiality of requests sent to it regarding the fields regulated by this Law, and
of any documents attached to such requests. In the event that it would be impossible to ensure
confidentiality, Romania shall notify the foreign State, which shall decide.
CHAPTER II
GENERAL PROVISIONS ON THE PROCEDURE OF INTERNATIONAL JUDICIAL CO-OPERATION
IN CRIMINAL MATTERS
ARTICLE 13
Requests uttered in the fields regulated by Titles II and IV to VII of this Law shall be sent thro-