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The procedure of extradition from Romania
ARTICLE 38
The request for extradition and the documents attached
(1) A request for extradition, made in writing by the competent authority of the Requesting
State, shall be addressed to the Ministry of Justice. If the request is being made through diploma-
tic channels, it shall be sent without delay to the Ministry of Justice. Another way of transmission
may be agreed upon directly by the Requesting State and the requested Romanian State.
(2) To support the request, the following shall be attached:
a) according to the stage of the criminal trial, the originals or the authenticated copies
of the final sentence, with a mention of the fact that it has become final, of the decisions handed
down following the exercise of means of judicial review, of the warrant for the service of impri-
sonment, and respectively, the originals or authenticated copies of the preventive arrest warrant,
of the prosecutor’s charges and of other documents that have legal power. The authentication of
copies shall be provided free of charge by the competent court or public prosecutor’s office, as
appropriate;
b) a presentation of the acts for which extradition is being requested. The date and
place of their commission, their legal classification and references to the legal provisions that are
applicable to them shall be provided in the most accurate manner possible;
c) a copy of the legal provisions applicable or, if this is not possible, a statement con-
cerning the law applicable, as well as the most accurate distinctive marks of the extraditable per-
son and any other information likely to determine the latter’s identity and nationality;
d)
data concerning the length of the penalty not served, in case of requests for ext-
radition of a sentenced person who has served only part of the penalty.
ARTICLE 39
The procedure for passive extradition
(1)Extradition from Romania shall be decided upon by the Judiciary.
(2)The procedure of passive extradition is urgent and takes place also during the judicial re-
cess.
(3)The role of the Ministry of Justice consists of exercising the competences bestowed upon it,
as a central authority, by the law and the international treaties to which Romania is a party.
(4)In the exercise of its competences as a central authority, the Ministry of Justice mainly per-
forms, through its specialised directorate, the following activities: