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1477
Kanunları ve Tercümeleri
such as expiry of the period of time limitation, on the condition that this surrender is not detri-
mental to the criminal trial pending in Romania and that the Requesting State give guarantees
that, once the procesual acts for which the extradition was granted are completed, it shall return
the extradited.
(2) Upon request from the Requesting State, sent by one of the means provided in this law,
temporary surrender shall be approved, through a conclusion handed down in the council cham-
ber, by the president of the criminal section of the court of appeal that tried in first instance the
request for extradition.
(3) In view of solving the request, the court shall analyse the meeting of the criteria in para.(1),
also requesting the endorsement of the judicial authority with which the cause is pending or, the
case being, that of the executing court.
(4) Should the person surrendered temporarily be serving a penalty or a security measure, its
service shall be deemed as suspended starting with the date when the person was surrendered
to the competent authorities of the Requesting State until the date when he is returned to the
Romanian authorities.
ARTICLE 62
Transit
(1) The transit, in Romanian territory, of an extradited who is not a Romanian citizen, may be
granted on condition that no reasons of public policy is opposed to this and that the offence is
extraditable, according to the Romanian law.
(2) Should the extradited person have Romanian citizenship, the transit shall not be granted
unless the situation is one in which the extradition of Romanian citizens can be approved.
(3) Transit is granted upon request from the State concerned, made and sent by the means in
Art. 38 para. (1), to which shall be attached at least the warrant for preventive arrest or the warrant
for service of the penalty of imprisonment that justified the granting of extradition.
(4) Decisions regarding transit shall be made by the Ministry of Justice.
(5) The Ministry of Justice shall at once notify its decision to the competent authority of the
Requesting State and to the Ministry of Administration and the Interior.
(6) In case of air transit, when no landing on Romanian territory is intended, it is sufficient that