Basic HTML Version
1496
Uluslararası Adli İşbirliği
final judgment upon the requested person in respect of the same acts, which prevents further
proceedings
(3) Whenever, in a particular case, only the provisions of para. (2) c1) apply, before pronoun-
cing the judgement in Art. 94, the Romanian executing judicial authority shall request the issuing
judicial authority to transmit a certified copy of the sentencing judgement and any other neces-
sary information, and shall inform the issuing authority about the reason why such documents
are being requested. The foreign criminal sentencing judgement shall be recognised, inciden-
tally, by the law court with which the procedure is pending for execution of the European arrest
warrant. Where the Romanian executing judicial authority has recognised the foreign criminal
sentencing judgement, the warrant for penalty enforcement must be issued at the date when the
judgement in Art. 94 is pronounced.
(4) In the event in para.(3), if the requested person is detained and the issuing judicial aut-
hority is late in sending the requested documents, Art. 90 para. (4) shall apply mutatis mutandis.
Where the issuing judicial authority fails to transmit the documents in para. (3) within 20 days
from the date of the first request, and if the Romanian executing judicial authority refuses to exe-
cute the European arrest warrant, it shall inform the issuing judicial authority about the possibility
to request the recognition and execution of the criminal sentencing judgement based on the
instruments that are applicable between Romania and the issuing Member State or, if there are
no such instruments, based on mutuality.”
ARTICLE 881
Preliminary procedures
(1) Within 24 hours from the receipt of a European arrest warrant or of an alert in the Schen-
gen Information System, the public prosecutor designated by the general prosecutor of the pro-
secutor office of the court of appeal shall check whether the European arrest warrant is accom-
panied by a Romanian translation or by an English or French translation. Where the warrant is not
translated into any of the accepted languages, the prosecution office shall request the issuing
judicial authority to send the translation. Where the warrant is translated into English or French,
the competent public prosecutor shall have it translated into Romanian within two days.
(2) The public prosecutor shall check whether the European arrest warrant includes the infor-
mation in Art. 79 para. (1). If the European arrest warrant does not contain that information, he
shall urgently request the issuing judicial authority to supplement the information while appoin-
ting a time limit by which such information should be received.
(3) If the European arrest warrant does include the information in Art. 79 para. (1) and it has
been translated according to para. (1), the prosecutor shall take the necessary steps in view of
identifying, searching, establishing the whereabouts of and apprehending the requested person.