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(5) During the resolution of the extradition request, the court shall periodically check, ho-
wever not later than 30 days, the need to uphold the provisional arrest, and may, if appropriate,
either uphold provisional arrest or replace it by the measure of obligation not to leave the country
or locality. The measure of provisional arrest is replaced with the measure of obligation not to
leave the country or locality only in properly justified cases and only if the court believes that the
extraditable person will not attempt to abscond from trial of the extradition request.
(6) In its sentence that approves the extradition request, the court shall ordain also that the
extraditable person be arrested in view of surrender.
(7) The measure of arrest in view of surrender shall cease by operation of law if the extradited
person is not taken over by the competent authorities of the requesting State within 30 days
from the date appointed for surrender, except for the case in Art. 59 para. (6). In that case, the
court shall ordain the immediate release of the extradited person and shall inform the Ministry of
Justice and the Centre for International Police Cooperation within the Ministry of Interior and of
Administrative Reform.”
(8) repelled
(9) If against the extraditable person the Romanian judicial authorities have issued a warrant
for preventive arrest or a warrant of service of imprisonment, for acts committed in Romanian
territory, the warrant for provisional arrest in view of extradition shall take effect from the date
when the person concerned is no longer under the rule of the warrant for preventive arrest or of
the warrant for service of imprisonment.
(10) The order taking, upholding, replacing or ceasing the measure of provisional arrest in
view of extradition may be appealed against separately on points of law, within 24 hours from
issuing. The appeal will be forwarded within 24 hours to the court that is to try it, which court shall
try the appeal on points of law within 3 days from registration of the appeal case. An appeal on
points of law that was initiated against an order taking or upholding the measure of provisional
arrest shall not stay the enforcement of that order.”
ARTICLE 46
Provisional arrest in cases of emergency
(1) In cases of emergency, the competent authorities of the Requesting State may request the
provisional arrest of the requested person, even before the drawing up and sending of the formal
request for extradition.