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1495
Kanunları ve Tercümeleri
a final sentence for the same acts by a Member State other than the Issuing State, on condition
that, in case that there was a conviction, the sanction was served or is being served or the period
of time limitation for service has expired, the penalty was pardoned or the offence was amnestied
or another reason that prevents execution occurred, according to the law of the Sentencing State;
b) when the offence on which the European Arrest Warrant is based is covered by am-
nesty in Romania, if the Romanian authorities are competent, according to Romanian law, to pro-
secute that offence;
c) repealed
(2) The executing Romanian judicial authority may refuse to execute a European Arrest War-
rant in the following cases:
a) in the case under Article 85 para. (2) of this law; exceptionally, in matters of fees and
taxes, customs and currency exchange, the execution of the European Arrest Warrant may not be
refused because the Romanian legislation does not levy the same type of fees or taxes or does not
contain the same regulations in matters of fees and taxes, customs and currency exchange as the
legislation of the issuing Member State;
b) when the person who is the object of the European Arrest Warrant is undergoing
criminal proceedings in Romania for the same act as the one that reasoned the European Arrest
Warrant;
c) when a final decision for the same acts was handed down in another Member State
of the European Union, against the person who is the object of the European Arrest Warrant;
c1) if the European arrest warrant has been issued for the purposes of execution
of a custodial sentence or detention order, where the requested person is a Romanian national
and declares that he or she refuses to execute the custodial sentence or detention order in the
issuing Member State
d) when the requested person has been tried with a final sentence for the same acts in
a third State that is not a Member State of the European Union, on the condition that, in case that
there was a conviction, the sanction was served or is being served or the period of time limitation
for service has expired, or that the penalty was pardoned or the offence was amnestied according
to the law of the Sentencing State;
e) when the European Arrest Warrant refers to offences that were committed, accor-
ding to the Romanian law, in Romanian territory;
f ) when the European Warrant includes offences that have been committed outside
the territory of the Issuing State and the Romanian law does not allow the prosecution of these
acts when they were committed outside Romanian territory;
g) when, according to the Romanian legislation, the period of time limitation for liabi-
lity for the offence that is the object of the European Arrest Warrant or for service of the penalty
applied, has expired, provided that the acts would have been of the competence of the Romanian
authorities.
h) where a Romanian judicial authority has decided either not to prosecute for the
offence on which the European arrest warrant is based or to halt proceedings, or has passed a