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1481
Kanunları ve Tercümeleri
attached documents to the competent authority of the Requested State, or draw up a reasoned
document suggesting to the Ministry of Justice to notify the general prosecutor attached to the
High Court of Cassation and Justice, in view of initiating the procedure for revision of the final
conclusion that ordained the request for extradition. In both cases, it shall inform the Centre for
International Police Co-operation within the Ministry of Administration and the Interior. If it finds
the documents to be incomplete, before drawing up and sending the extradition request, the
specialised directorate of the Ministry of Justice may require the competent court to send within
72 hours the additional documents needed according to the appropriate international treaty
(8) If the conditions for international regularity are not met for requesting extradition, the mi-
nister of justice shall, through the general prosecutor of the Prosecution Office of the High Court
of Cassation and Justice, request revision of the final court judgement that found the conditions
to be met for requesting extradition. Revision may not be requested for any reason other than
that related to the conclusions of the international regularity check.
(9) The request for revision must be made within 3 days, if the person in para. (1) is under ar-
rest in view of extradition to Romania. In all other cases, the request must be made within 15 days.
The time limit shall run from the date when the general prosecutor received the request in which
the minister of justice asks him to request revision of the final court judgement that found the
conditions to be met for requesting extradition. The competence to try the revision belongs to
the court in para. (1). If the person in para. (1) is under arrest in view of extradition to Romania, the
request for revision shall be tried in emergency and priority procedure. In all other cases, the re-
quest for revision shall be solved within one month from the date when the case was registered.”
(10) If it finds that the request for revision is justified, the court shall cancel the conclusion ap-
pealed against. Where the court finds that the request for revision is not justified, it shall reject it
and uphold the conclusion. The revision court’s decision shall be final and must be notified within
24 hours from pronouncement to the minister of justice and to the general prosecutor attached
to the High Court of Cassation and Justice.
(11) Requests for extradition and the documents attached thereto, together with the docu-
ments in Article 38 para.(2) and by certified translations into the language of the Requested State
or into English or French, shall be sent to the competent authority of the Requested State, thro-
ugh one of the channels provided in Article 38 para.(1).
(11-1)Where extradition is being requested of a person who was sentenced in absentia
and the requested State informs the sought person about the judgement rendered in absentia,
such information shall take no effects upon the criminal proceedings in Romania
(12) Where the person sought is not provisionally arrested in view of extradition, the procedu-
re provided in this Article shall be confidential until the Requested State receives an extradition
request