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Kanunları ve Tercümeleri
commission of which entails, according to the legislation of the Requesting State and to Romani-
an law, a custodial penalty of at least one year, and in view of serving a penalty, only if it is at least
4 months long.
ARTICLE 29
Capital punishment
If the act for which extradition is requested is punished by death in the law of the Requesting
State, extradition can be granted only under the condition that the Requesting State provide
guarantees deemed as sufficient by the Romanian State, that the capital punishment will not be
executed, and that it is to be commuted.
ARTICLE 30
Penalty with suspension of service
A person sentenced to a custodial penalty with conditional suspension of service may be ext-
radited in case of partial suspension, if the part of the penalty still to be served meets the require-
ments of seriousness provided in Art. 28 and there are no other legal impediments for extradition.
ARTICLE 31
Offences committed in a third State
In case of offences committed on the territory of a State other than the Requesting State,
extradition may be granted when Romanian law ascribes the competence of prosecution and
judgement to the Romanian judicial authorities for offences of the same type that are committed
outside Romanian territory, or when the Requesting State proves that the third State on the terri-
tory of which the offence was committed will not request extradition for that act.
ARTICLE 32
Lack of prior complaint
Extradition shall not be granted if, according to both Romanian law as well as the legislation of
the Requesting State, criminal action can be initiated only upon prior complaint from the injured
person, and this person is opposing the extradition.
ARTICLE 33
The right to defence
Romania shall not grant extradition if the extraditable person would be tried in the Reques-
ting State by a court that does not provide the fundamental safeguards of procedure and protec-
tion of the right to defence or by a national court set up especially for that case, or if the extradi-