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1462
Uluslararası Adli İşbirliği
that regard the offence. The Requesting State shall be informed of the results of its request.
(2) Should Romania opt for the solution of refusing to extradite a foreign national who was
accused or convicted in another State for one of the offences in Art. 85 para. (1) or for any other
offence for which the law of the Requesting State provides the penalty of imprisonment with a
special maximum of at least 5 years, the examination of its own competence and the exercise,
if necessary, of criminal action shall take place ex officio, without exception and without delay.
The Romanian authorities shall decide according to the same conditions as those for any serious
offence provided and punished by the Romanian law.
ARTICLE 26
Double incrimination
(1) Extradition may be allowed only if the act of which the person the extradition of whom is
being requested has been accused or for which he has been convicted is provided as an offence
both in the law of the Requesting State and in Romanian law.
(2) By derogation from para.(1), extradition may be granted even if the act concerned is not
provided in Romanian law, if for this act the prerequisite of double incrimination is excluded by
an international convention to which Romania is a party.
(3) The differences between the legal classification and the name given to the same offence
by the laws of the two States are irrelevant, if an international convention or, in its absence, a dec-
laration of reciprocity, does not provide otherwise.
ARTICLE 27
Fiscal offences
(1) In matters of fees and taxes, of customs and currency exchange, extradition shall be gran-
ted according to the international agreement applicable, for acts that have a correspondent, ac-
cording to Romanian law, in offences of the same nature.
(2) Extradition cannot be refused because Romanian law does not levy the same type of fees
or taxes or does not comprise the same type of regulations in matters of fees and taxes, customs
or currency exchange as the legislation of the Requesting State.
ARTICLE 28
Seriousness of the penalty
Extradition shall be granted by Romania, in view of criminal prosecution or trial, for acts the