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1466
Uluslararası Adli İşbirliği
a)
receipt of the request for extradition;
b)
examination of the request for extradition and of the documents attached there-
to, from the point of view of international regularity, according to Article 40.
c)
transmission of the request for extradition and of the documents attached to it to
the competent general prosecutor, according to Article 42.
d)
reasoned restitution of the request for extradition and of the documents attac-
hed thereto, in the cases in Article 40 para. (4).
e)
execution, in collaboration with the Ministry of Administration and the Interior, of
the final decision that ordained extradition.
f ) communication to the central authority of the Requesting State, of the solution gi-
ven to the request for extradition or to the request for provisional arrest in view of extradition,
handed down by the competent judicial authority
ARTICLE 40
The international regularity check
(1) The international regularity check is aimed at checking whether the extradition request
and the documents attached thereto comply with the provisions of applicable international tre-
aties, including with the declarations made by Romania based on the provisions of certain mul-
tilateral conventions.
(2) Through its specialised directorate, the Ministry of Justice shall, within 3 working days from
the date of receipt of a request, perform the international regularity check provided in para. (1),
in order to find whether:
a) between Romania and the Requesting State there are conventional norms or there
is reciprocity for extradition;
b) the request for extradition is accompanied by the documents set forth in the appli-
cable international treaty;
c) the request and the attached documents are accompanied by translations, under
Article 17;
d) there exists one of the limits for granting judicial co-operation, according to Article
3.
(3) Where the extradition of a Romanian citizen is being requested, during the international
regularity check, the Ministry of Justice shall check also the existence of reciprocity concerning
the extradition of own nationals.
(4) If the international regularity conditions provided in para.(2) a) and b) and in para.(3) are
not met, as well as when it finds the existence of the situation provided in para.(2) d), the Ministry
of Justice shall return the request and the attached documents, explaining the reasons. If the