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Kanunları ve Tercümeleri
Section 3
Effects of extradition into Romania
ARTICLE 71
Taking over the extradited
The provisions concerning the surrender/taking-over of the extraditable person included in
Art. 58 and 59 shall apply accordingly in the case of persons extradited from abroad into Romania.
ARTICLE 72
Receipt of the extradited
(1) When brought to Romania, an extraditable person shall be at once handed over to the
prison administration or to the competent judicial authority, according to case.
(2) Should the extradited have been sentenced in absentia, he shall be re-judged, upon requ-
est, while observing the rights in Art. 34 para.(1).
ARTICLE 73
Notification of the solution
The Ministry of Justice shall inform the competent Romanian judicial authority of the manner
in which the request for extradition was solved by the Requested State and, the case being, of the
length of provisional arrest in view of extradition, so that it may be deducted according to Art. 18.
ARTICLE 731
The speciality rule
(1) A person who has been extradited shall not be proceeded against, sentenced or detained
with a view to the carrying out of a sentence or detention order for any offence committed prior
to his surrender other than that for which he was extradited, nor shall he be for any other reason
restricted in his personal freedom, except in the following cases:
a) when the Party which surrendered him consents. The competent Romanian autho-
rities shall submit to the requested State a request for consent, accompanied by the documents
mentioned in Article 38 para. (2) and a legal record of any statement made by the extradited
person;
b) when that person, having had an opportunity to leave the territory of Romania, has
not done so within 45 days of his final discharge, or has returned to Romanian territory after lea-
ving it.