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1478
Uluslararası Adli İşbirliği
a notification be made by the competent authority of the Requesting State to the Romanian Mi-
nistry of Justice. In case of forced landing, this notification shall have the same effects as a request
for provisional arrest in view of extradition, and the Requesting State shall immediately address a
formal request for transit. Paragraph 3 shall apply accordingly.
(7) An extradited who is in transit shall remain in a state of provisional arrest for the duration
of his stay in Romanian territory.
ARTICLE 63
Re-extradition to a third State
(1) Outside the case in Art. 731 para. (1) b), the consent by Romania is required to allow the
requesting State to surrender to another State a person who has been surrendered to it and who
is sought by the third State for offences committed before the surrender. Romania will be able to
require the presentation of the documents in Art. 38 para. (2).”
(2) Art. 54 and 55 shall apply accordingly.
CHAPTER II
ACTIVE EXTRADITION
Section 1
Conditions for requesting extradition
ARTICLE 64
Obligation to request extradition
The extradition of a person against whom the competent Romanian judicial authorities have
issued a warrant for preventive arrest or a warrant for service of imprisonment or to whom a se-
curity measure was imposed shall be requested from a foreign State on the territory of which he
was located, in all cases where the conditions provided in this law are met.
ARTICLE 65
Legal framework
(1) Section I of Chapter I of this Title shall apply accordingly if Romania is the Requesting State.
(2) In addition to the condition concerning the seriousness of the penalty provided in Art. 28,
there is a supplementary condition in order for Romania to be able to request the extradition of
a person in view of criminal prosecution: criminal action must have been initiated against that
person, according to the conditions mentioned in the Criminal Procedure Code.