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Uluslararası Adli İşbirliği
consequences of his consent to the surrender, and in particular about the fact that such consent
cannot be withdrawn.
(4) If the European arrest warrant has been issued against a Romanian national, in view of exe-
cuting a custodial sentence or a detention order, the judge shall ask the requested person whet-
her he agrees to serve the custodial sentence or detention order in the issuing Member State.
(5) If the requested person states that he agrees to be surrendered, his consent shall be recor-
ded in minutes signed by the judge, the court clerk, the legal counsel and the requested person.
The minutes shall mention also whether the requested person has renounced the entitlement to
the speciality rule.
(6) In the case referred to in para. (5), if none of the grounds for non-execution in Art. 88 are
applicable, the judge may issue a judgement, according to Art. 94, regarding both the arrest and
the surrender of the requested person.
(7) If the requested person does not consent to being surrendered to the issuing judicial aut-
hority, the procedure of execution of the European arrest warrant shall continue with the hearing
of the requested person, which shall be limited to recording his opinion regarding the applicabi-
lity of any of the mandatory or optional grounds for non-execution, and any objections regarding
his identity.
(8) In the cases in para. (5) and (7), whenever the judge considers that it is necessary to appo-
int a separate hearing for the issuing of the judgement on surrender, the detention of the requ-
ested person during the procedure of execution of the European arrest warrant shall be ordained
by means of a reasoned order.
(9) The court shall periodically check, however not later than 30 days, whether it is necessary
to uphold the measure of detention in view of surrender, and issue a reasoned order about this
while taking into account the time limits in Art. 95.
(10) In all cases, the measure of arrest in view of surrender may be taken only after the person
is heard in the presence of his legal counsel. The initial duration of detention may not exceed 30
days, and the total duration of detention until the actual surrender to the issuing Member State
may not exceed 180 days.
(11) If the requested person is released, the court shall institute an obligation for him not to
leave the locality, and Art. 145 of the Criminal Procedure Code shall apply mutatis mutandis. If
subsequently the court ordains the execution of the European arrest warrant, the judgement of
surrender must include also provisions on the arrest of the requested person in view of him being