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1476
Uluslararası Adli İşbirliği
the surrender through the National Interpol Bureau and shall inform thereof the Ministry of Justi-
ce and the competent court of appeal. The extradited person shall be surrendered and taken over
under escort.
(5) Subject to the case in para. (6), if he is not taken over at the appointed date, the extradited
person may be released after 15 days from the date of surrender; this time limit may be extended
only by up to 15 days.
(6) In circumstances beyond the control of the parties, which prevent the surrender or take-
over of the extradited person, the Romanian authorities and those of the requesting State shall
agree a new date for surrender, and Art. 58 para. (3) is applicable.”
ARTICLE 60
Postponed surrender
(1) The existence of a criminal trial pending with Romanian judicial authorities against the
extraditable person or the fact that the extraditable person is serving a penalty of imprisonment,
shall not prevent extradition.
(2) In the cases mentioned in para.(1), the surrender of the extradited may be postponed. In
case of postponement, extradition may take effect only after the criminal trial has ended, and
in case of sentence to a custodial penalty, only after this penalty has been served or deemed as
served.
(3) The surrender of an extradited may be postponed also when it is found, based on medical
expertise, that he is suffering from a disease that poses a threat to his life.
(4) In case of postponement of surrender while extradition has been approved, the court shall
issue a warrant for provisional arrest in view of extradition. If the extradited person is, at the time
when the request for extradition is allowed, under the rule of a warrant for preventive arrest or a
warrant for service of imprisonment issued by the Romanian judicial authorities, the warrant for
provisional arrest in view of extradition shall enter force at the date when the reasons that justifi-
ed the postponement cease to exist.
ARTICLE 61
Temporary or conditional surrender
(1) In the case under para. 1 of Art. 60, the extradited person may be surrendered temporarily,
if the Requesting State proves that a postponement of surrender would cause serious prejudice,