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Uluslararası Adli İşbirliği
tion is requested in view of service of a penalty handed down by that court.
ARTICLE 34
Judgement in absentia
(1) If extradition of a person is requested in view of service of a penalty handed down in a
judgement in absentia against this person, Romania may refuse extradition for this purpose, if it
deems that the trial procedure has disregarded the right to defence acknowledged to any person
accused of having committed an offence. However, extradition shall be granted if the Requesting
State provides safeguards deemed as sufficient to guarantee the extraditable person’s right to
a new trial that would safeguard his right to defence. Such a decision of extradition entitles the
Requesting State either to try the case again, in the presence of the convict, if the latter has no
objections, or, if otherwise, to prosecute the extradited.
(2) When Romania announces the person whose extradition has been requested, about the
judgement handed down against him in absentia, the Requesting State shall not take this an-
nouncement to be a notification that entails effects upon the criminal proceedings in this latter
State.
ARTICLE 35
Periods of time limitation
(1) Extradition shall not be granted if the period of time limitation for criminal liability or the
period of time limitation for penalty service has expired according either to Romanian legislation
or to the legislation of the Requesting State.
(2) The lodging of the request for extradition shall interrupt the period of time limitation pre-
viously not expired.
ARTICLE 36
Amnesty
Extradition shall not be allowed for an offence that has been amnestied in Romania, if the
Romanian State was competent to prosecute this offence, according to its own criminal law.
ARTICLE 37
Pardon
A pardon act adopted by the Requesting State shall render the request for extradition inope-
rative, even if the other conditions for extradition were met.
Section 2