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1499
Kanunları ve Tercümeleri
ARTICLE 89
Notification of the court of appeal in view of arrest and surrender of the requested person
(1) The public prosecutor shall send the competent court of appeal a proposition for the ta-
king of the measure of arrest against the requested person.
(2) As soon as it is notified, the court shall assign the case under the law to a panel composed
of one judge, who shall decide about the measure of arrest and about the surrender of the requ-
ested person.
(3) To keep records of court activity, the court shall create and keep a Register of arrests and
surrenders made based on European arrest warrants. The following shall be entered into this Re-
gister: current number; name and forename of the requested person; number and date of the
notice from the prosecution office; number and date of the European arrest warrant; the issuing
judicial authority; number of the court case record; the decision made and the date of the decisi-
on; number and date of the national arrest warrant; duration of arrest, specifying the date when
the measure of arrest begins and the date when it expires; name and forename of the judge who
ordered the arrest and/or surrender of the requested person; date of initiation of appeal on points
of law, specifying separately which decision was appealed; the date of forwarding of the appeal
to the appellate court; the decision of the appellate court, and any extensions of arrest; the date
of communication to the issuing judicial authority, to the Ministry of Justice and to the Centre for
International Police Cooperation within the Ministry of the Interior and of Administrative Reform,
of the decision of surrender.”
ARTICLE 90
Procedure of execution of the European arrest warrant
(1) The judge shall first check the identity of the requested person and make sure that the re-
quested person has been handed a copy of the European arrest warrant or, in the case referred to
in Art. 883, that the requested person has been informed about the grounds of the apprehension.
(2) If the person has been apprehended under Art. 883, the judge may issue a reasoned order,
based on an alert sent through the Interpol, arresting the requested person or instituting the ob-
ligation for him not to leave the locality for 5 days. In this case, the court shall postpone the trial
of the case and appoint a time limit of 5 days for the prosecutor to provide the European arrest
warrant with its Romanian translation.
(3) Upon receipt of the European arrest warrant, the judge shall inform the requested person
about his rights under Art. 91, about the effects of the speciality rule, and about his possibility
to consent to being surrendered to the issuing judicial authority, warning him about the legal