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Kanunları ve Tercümeleri
request for extradition and the attached documents are not accompanied by translations into
Romanian, the competent public prosecutor’s office shall take measures to provide a translation
as soon as possible.
(5) In the event of requests for provisional arrest in view of extradition, the international regu-
larity check shall be performed within 24 hours from the receipt of the request
ARTICLE 41
Concurrence of requests
(1) If extradition is requested by several States either for the same act or for different acts, Ro-
mania shall decide, while taking into account all the circumstances and, in particular, the serious-
ness and the place of commission of the offences, the dates when the requests were lodged, the
nationality of the requested person, the existence of extradition reciprocity in relation to Romania
and the possibility of a further extradition towards another Requesting State.
(1-1) In the event in para. (1), the Ministry of Justice shall determine, if necessary, to
which requesting State the extradited person will be surrendered, according to the international
obligations assumed by Romania in international treaties in this matter to which it is a party or
that are entailed by its statute as a Member of the European Union, taking into account the final
court judgements concerning each of the extradition requests, and the criteria in para. (1)
(2) The Ministry of Justice shall urgently notify the concurrence of requests to the competent
authorities of the Requesting States.
ARTICLE 42
Notifying the competent public prosecutor
Except for the cases of restitution in Art. 40 para. (4), the request for extradition and any attac-
hed documents shall be sent by the Ministry of Justice, within 48 hours, to the general prosecutor
of the prosecution office attached to the court of appeal in whose jurisdiction the extraditable
person has been located or, if the person’s whereabouts are unknown, to the general prosecutor
of the Prosecution Office attached to the Court of Appeal in Bucharest.”
ARTICLE 43
Representation of the Requesting State
(1) Within the procedure of passive extradition, the Requesting State shall be represented by
the central authority and the Public Ministry in Romania. At the express request of the Requesting
State, its own representatives may participate to the resolution of the extradition request, with
the approval of the competent court.
(2) Para. (1) shall apply accordingly also for active extradition.