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1497
Kanunları ve Tercümeleri
Art. 4931 – 4937 of the Criminal Procedure Code shall apply mutatis mutandis.
(4) Where the checks made show that the requested person is in the jurisdiction of a different
prosecution office, the prosecutor shall immediately forward the European arrest warrant to the
competent prosecution office and inform thereof the issuing judicial authority and the Romanian
Ministry of Justice.
(5) Where the checks made have shown beyond doubt that the requested person is not in
Romanian territory, the prosecutor shall close the case and inform thereof the issuing judicial
authority and the Romanian Ministry of Justice.
(6) If the requested person is the subject of ongoing criminal proceedings on account of the
same acts that justified the issuing of the European arrest warrant, the prosecutor shall send to
the competent prosecutor or court that is handling the case, for their information, a copy of the
European arrest warrant, the translation thereof and, if any, the additional information sent by the
issuing judicial authority, with a request to urgently inform himwhether the criminal prosecution
or the trial is able to be suspended until the case is solved by the executing Romanian judicial
authority.Art. 240 and Art. 303 of the Criminal Procedure Code shall apply mutatis mutandis.
(7) If the criminal proceedings against the requested person concern acts other than those for
which the European arrest warrant was issued, the competent prosecutor shall send to the com-
petent prosecutor or court that is handling the case, for their information, a copy of the European
arrest warrant, the translation thereof and, if any, the additional information sent by the issuing
judicial authority, with a request to urgently inform him about the stage of the proceedings.
(8) The preliminary procedures in para. (6) and (7) shall not prevent the taking of the steps in
para. (3).
(9) Where surrender of a requested person is made subject to the condition of consent by
another Member State or by a third State, the taking of steps to apprehend the requested person
shall take place at the date of receipt of the consent by the State concerned.
(10) The procedure in this Article shall not be public.”
ARTICLE 882
Apprehension of the requested person
(1) The measure of apprehension of the requested person may be taken by the public prose-
cutor only after hearing the requested person in the presence of his legal counsel. The measure
of apprehension shall be taken by means of a reasoned ordinance and may last up to 24 hours.