Page 1496 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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1484
Uluslararası Adli İşbirliği
(2) The Romanian authorities shall take any measures necessary to remove the person from
Romanian territory, or any measures necessary under Romanian law, including proceedings by
default, to prevent any legal effects of lapse of time
(3) When the classification of the act incriminated is to be amended during the procedure,
the extradited person shall not be prosecuted or tried except to the extent that the elements that
make up the re-classified offence would allow extradition.
(4) In the case in paragraph (1) a), the request to the foreign State shall be uttered by the Mi-
nistry of Justice, based on a conclusion by the court that has competence to solve the case in first
instance, at the reasoned proposal of the Public Ministry or based on a conclusion by the court
with which the case is pending, where extradition has been granted after the beginning of the
trial of the extradited person, as the case may be.
ARTICLE 732
Effects of conditional extradition
(1) Where extradition has been granted subject to a condition, the court that requested extra-
dition shall take the measures needed in view of observing the condition imposed by the Requ-
ested State and shall provide guarantees in this respect.
(2) Where the condition imposed is the resending of the extradited person into the territory
of the Requesting State, the court shall ordain that such person be escorted to the border in view
of being taken over by the competent authorities of the Requesting State.
CHAPTER III
COMMON PROVISIONS
ARTICLE 74
Costs
(1) Costs regarding the procedure of extradition performed in Romanian territory shall be
incurred by the Romanian State, through the budgets of the authorities and institutions involved,
according to the competences given to each of them by this Law. Article 20 para.(4) shall apply
accordingly.
(2) Transit costs shall be incurred by the Requesting State.
ARTICLE 75
Extradition fraud
The surrender of a person by expulsion, readmission, re-escort to the frontier or another mea-