Basic HTML Version
1459
Kanunları ve Tercümeleri
and issued by the competent judicial authority.
(5) In case of requests for extradition, the handing over of the objects and goods mentioned
in paragraph (1) may take place even if extradition is not approved, particularly because of the
extraditable person’s escape or death.
TITLE II
EXTRADITION
CHAPTER I
Passive Extradition
Section 1
Conditions for extradition
ARTICLE 22
Persons subject to extradition
According to this law, upon request from a foreign State, persons who are in Romanian ter-
ritory and who are under criminal prosecution or brought to justice for the commission of an
offence, or who are wanted for serving a penalty or a security measure in the Requesting State,
may be extradited from Romania.
ARTICLE 23
Persons exempt from extradition
(1) The following may not be extradited from Romania:
a) Romanian citizens, if the conditions mentioned in Article 24 are not met;
b) persons who were afforded asylum by Romania;
c) foreign persons enjoying jurisdiction immunity in Romania, according to the condi-
tions and limits established through conventions or other international agreements;
d) foreign persons summoned from abroad for being heard as parties, witnesses or
experts by a requesting Romanian judicial authority, subject to the immunities provided by inter-
national conventions.
(2) The capacity of Romanian citizen or political refugee in Romania shall be assessed at the
date when the judgement on extradition becomes final. If this capacity is acknowledged between
the date when the judgement of extradition becomes final and the date agreed upon for surren-
der, a new judgement shall be handed down on the case.
ARTICLE 24
Extradition of Romanian citizens
(1) Romanian citizens may be extradited from Romania based on the multilateral internatio-