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1494
Uluslararası Adli İşbirliği
28. rape;
29. arson;
30. crimes within the jurisdiction of the International Criminal Court;
31. unlawful seizure of aircraft/ships;
32. sabotage.
(2) For offences other than those covered by para. (1), surrender shall be subject to the con-
dition that the acts for which the European arrest warrant has been issued constitute an offence
under Romanian law, whatever the constituent elements or however it is described.”
ARTICLE 86
Repealed
ARTICLE 87
Special conditions
(1) The execution of a European ArrestWarrant by the executing Romanian judicial authorities
may be subject to the following conditions :
a) where the European arrest warrant has been issued for the purposes of executing a
sentence or a detention order imposed by a decision rendered in absentia and if the person con-
cerned has not been summoned in person or otherwise informed of the date and place of the he-
aring which led to the decision rendered in absentia, surrender shall be subject to the condition
that the issuing judicial authority gives an assurance to guarantee the person who is the subject
of the European arrest warrant that he or she will have an opportunity to apply for a retrial of the
case in the issuing Member State and to be present at the judgment
b) if the offence based on which the European Arrest Warrant was issued is sanctio-
ned by life imprisonment or by a security measure involving lifelong deprivation of freedom, the
legislation of the issuing Member State must provide the possibility of reviewing the penalty or
security measure imposed or release on parole, after the service of at least 20 years of the penalty
or security measure imposed, or the application of measures of clemency.
(2) While not infringing upon paragraph 1, Romanian citizens shall be surrendered based on a
European Arrest Warrant issued in view of criminal prosecution or trial on condition that, should a
penalty depriving of freedom be handed down, the person surrendered be transferred to Roma-
nia to serve the penalty.
ARTICLE 88
Grounds for refusing execution
(1) The executing Romanian judicial authority shall refuse to execute a European Arrest War-
rant in the following cases:
a) when the information it possesses shows that the requested person was tried with