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Uluslararası Adli İşbirliği
ARTICLE 841
Retrial of the surrendered person
(1) The assurance regarding retrial in the event that the surrendered person was sentenced
in absentia must be provided by the issuing judicial authority, at the request of the executing
judicial authority.
(2) Art. 5221 of the Criminal Procedure Code shall apply mutatis mutandis.
ARTICLE 842
The guarantee of transfer of the surrendered person
Where the requested person who is the subject of a European arrest warrant issued in view of
criminal prosecution or trial is a national of or resides in the executing Member State, the guaran-
tee that, in the event of sentencing, once surrendered, the requested person may be transferred
under the law of the State of nationality must be provided by the court that issued the European
arrest warrant.
ARTICLE 843
Withdrawal of the European arrest warrant
(1) A European arrest warrant shall be withdrawn whenever the grounds that justified its issu-
ing have ceased or in the event that the requested person has died.
(2) In the event in. 661 para. (5), the European arrest warrant shall be withdrawn if the interna-
tionally sought person has been extradited or surrendered in Romania.
(3) Withdrawal shall be requested by the issuing court, which shall inform the executing judi-
cial authority, the Ministry of Justice and, where appropriate, the prosecution office that is con-
ducting or supervising criminal prosecution or the court that ordained the preventive arrest of
the defendant or that issued the detention order.
ARTICLE 844
Takeover of the requested person
The requested person shall be taken over by the Centre for International Police Cooperation
within the Ministry of the Interior and of Administrative Reform, within the time limits agreed
with the competent authorities of the executing Member State.”
CHAPTER III