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1470
Uluslararası Adli İşbirliği
(2) A request for provisional arrest in view of extradition must specify the existence of a war-
rant for preventive arrest or of a warrant for service of a penalty applied by a final court judge-
ment against the requested person, a brief presentation of the acts, which needs to specify the
date and place of commission and mention the legal provisions applicable, as well as the availab-
le data regarding the identity, citizenship and location of this person.
(3) Requests for provisional arrest in view of extradition shall be sent, through the Centre
for International Police Cooperation within the Ministry of Interior and of Administrative Reform,
to the competent prosecution office, while informing the Ministry of Justice. Where provisional
arrest in view of extradition is being requested based on mutuality, and where the request for
provisional arrest concerns one of the persons in Art. 23, the request must be sent to the Ministry
of Justice, in order for it to perform the international regularity check under Art. 40, which Article
shall apply mutatis mutandis.”
(4) A request for provisional arrest in view of extradition may be executed only when there is
no doubt concerning the competence of the requesting authority and the request contains the
elements mentioned in paragraph (2).
(5) Art. 45 shall apply accordingly.
(6) The court may, either ex officio, upon notification from the competent public prosecutor
or upon request from the extraditable person, ordain the cessation of the provisional arrest in
view of extradition if, within 18 days from the taking of the measure, the Romanian State is not
notified with a request for extradition, accompanied by the documents mentioned in Art. 38. Pro-
visional arrest ceases de jure after 40 days, if in this time interval the request for extradition and
the necessary documents are not received, unless a bilateral treaty specifies a different limit for
the duration of provisional arrest.
(7) The provisional release does not exclude a new provisional arrest in view of extradition, nor
does it exclude extradition, should a request for extradition be received later on.
ARTICLE 47
Detainment in view of extradition
The judicial authority in whose jurisdiction the person has been located whose provisional
arrest in view of extradition is being requested by the competent authorities of a requesting State
may ordain detainment for no more than 24 hours. Where the measure of detainment has been
taken by an officer of criminal investigation within the judicial police, he must, within 10 hours
from detainment, present the internationally sought person to the competent public prosecutor.”