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1461
Kanunları ve Tercümeleri
(2) The following shall not be deemed as political offences:
a)
attempts against the life of the leader of a State or against that of a member of his
family;
b)
crimes against humankind as provided by the Convention for the prevention and
punishment of crimes of genocide, adopted on 9 December 1948 by the General Assembly of the
United Nations;
c)
offences provided in Art. 50 of the Geneva Convention of 1949 for the Ameliorati-
on of the Condition of theWounded and Sick in. Armed Forces in the Field, in Art. 51 of the Gene-
va Convention of 1949 for the Amelioration of the Condition of Wounded, Sick and Shipwrecked
Members of Armed Forces at Sea, in Art. 129 of the Geneva Convention of 1949 Relative to the
Treatment of Prisoners of War and in Art. 147 of the Geneva Convention of 1949 Relative to the
Protection of Civilian Persons in Time of War;
d)
any similar violations of war laws, which are not provided in the Geneva Conven-
tions mentioned in c);
e)
the offences mentioned in Article 1 of the European Convention on the Suppres-
sion of Terrorism, adopted in Strasbourg on 27 January 1977 and in other relevant international
instruments;
f )
offences mentioned in the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, adopted on 17 December 1984 by the General Assembly
of the United Nations;
g)
any other offence the political nature of which has been removed by the interna-
tional treaties, conventions or agreements to which Romania is a Party.
Article 242
Optional grounds for refusing extradition
(1) Extradition may be refused when the act that motivates the request is the object of pen-
ding criminal proceedings or when this act may be the object of criminal proceedings in Romania.
(2) Extradition of a person may be refused or postponed where the surrender of such person
is likely to entail particularly serious consequences for him or her, especially because of his/her
age or health. In the event that extradition is refused, Article 25 para.(1) shall apply accordingly
ARTICLE 25
Transfer of criminal proceedings in case of refusal to extradite
(1) A refusal to extradite an own citizen or a political refugee obliges Romania, upon request
from the Requesting State, to submit the case to its competent judicial authorities, in order for the
criminal prosecution and trial to take place, if appropriate. For this purpose, the Requesting State
should send to the Ministry of Justice in Romania, free of charge, the files, information and objects