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Uluslararası Adli İşbirliği
nal conventions to which Romania is a party and based on reciprocity, only if at least one of the
following conditions is met:
a)
the extraditable person domiciles in the Requesting State at the date when the
request for extradition is uttered;
b)
the extraditable person has also the citizenship of the Requesting State;
c)
the extraditable person committed the act in the territory or against a citizen of a
European Union Member State, if the Requesting State is a Member of the European Union.
(2) In the events provided in para. (1) a) and c), when extradition is being requested in view of
criminal prosecution or trial, a supplementary condition requires that the Requesting State pro-
vide assurances deemed as sufficient that, should he or she be sentenced to a custodial penalty
through a final court judgement, the extradited person will be transferred to Romania to serve
the penalty.
(3) Romanian citizens may be extradited also based on the provisions of bilateral treaties and
based on reciprocity.
(4) In view of finding whether the conditions in paragraphs (1) to (3) are met, the Ministry
of Justice may request the production of a document issued by the competent authority of the
Requesting State.
ARTICLE 241
Mandatory grounds for refusing extradition
(1) Extradition shall be refused if:
a)
The right to a fair trial under the European Convention for the Protection of Hu-
man Rights and Fundamental Freedoms concluded in Rome on 4 November 1950 or under any
other relevant international instrument ratified by Romania, has not been observed;
b)
there are serious reasons to believe that extradition is being requested in order to
prosecute or punish a person for reasons of race, religion, sex, nationality, language, political or
ideological opinion or belonging to a certain social group;
c)
the person’s status is at a risk of worsening for one of the reasons shown in b);
d)
the request is uttered in a case that is pending with extraordinary courts, others
than those created by the relevant international instruments, or in view of serving a penalty im-
posed by such a court;
e)
it refers to an offence of political nature or to an offence related to a political of-
fence;
f )
it refers to a military offence that is not an offence of ordinary law.