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1489
Kanunları ve Tercümeleri
b) the custodial sentence or detention order imposed is of at least 4 months, if arrest
and surrender are being requested in view of executing the custodial sentence or detention order.
(2) At the stage of criminal prosecution, the European arrest warrant must be issued by the
judge delegated by the president of the court that would be competent to try the case in first
instance, and at the stage of trial or execution by the judge delegated by the president of the first
court or of the enforcement court, under the following circumstances:
a) at the request of the prosecutor who is conducting or supervising the criminal pro-
secution of the requested person, if the arrest and surrender are being requested in view of con-
ducting criminal prosecution;
b) at the request of the court that ordained the measure of preventive arrest against
the defendant or that decided about the detention orders, as the case may be, or at the request of
the official that is executing the warrant, whenever the arrest and surrender are being requested
in view of trial or execution of a custodial sentence or detention order.
(3) The competent judge shall check whether the conditions in para. (1) are met and shall
proceed, according to the circumstances, in the following manner:
a) issue the European arrest warrant and supervise the taking of steps to transmit it,
according to Art. 82 and 83; if the whereabouts of the person have been established in the terri-
tory of a Member State of the European Union, the judge shall have the European arrest warrant
translated according to para. (6), within 24 hours;
b) find, by reasoned order, that the conditions are not met as provided in para. (1) for
the issuing of a European arrest warrant. This order may be appealed against on points of law by
the public prosecutor within 3 days from service. This appeal shall be tried by the superior court,
within 3 days from registration of the appeal case, and if the appeal is approved, the first court
shall be bound to issue a European arrest warrant.
(4) In the case referred to in para. (3) a), the competent judge shall inform the public prosecu-
tor who is conducting or supervising criminal prosecution or the court with which the criminal
proceedings are pending about the fact that he has issued the European arrest warrant, and in
the case referred to in para. (3) b) he shall serve the order on the public prosecutor who is conduc-
ting or supervising criminal prosecution or on the public prosecutor attached to the enforcement
court.
(5) Whenever a European arrest warrant is issued, the judge may request that the executing
judicial authority hand over property that may be required as evidence.
(6) In the case referred to in Art. 83 para. (2), the European arrest warrant in the Romanian lan-
guage shall be sent to the Centre for International Police Cooperation within the Ministry of the
Interior and of Administrative Reform, in order for it to be disseminated through specific channels.