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Uluslararası Adli İşbirliği
(2) If, for reasons independent of the will of one of the Issuing or Executing States, surrender
cannot be performed within this time limit, the judicial authorities involved shall immediately
make contact in order to appoint a new date for surrender. In this case, surrender shall take place
within 10 days from the newly appointed date.
(3) Exceptionally, surrender may be postponed temporarily, for serious humanitarian reasons,
such as the existence of sufficient grounds to believe that surrender would obviously jeopardise
the requested person’s life or health. The European Arrest Warrant shall be executed as soon as
these reasons cease to exist. In this respect, the executing judicial authority shall at once inform
the issuing judicial authority and they shall agree upon a new date for surrender. In this case, sur-
render shall take place within 10 days from the new date thus appointed.
(4) Should the maximum time limits for surrender expire while the person concerned was not
received by the Issuing State, the requested person shall be released. However, this shall not be
grounds for refusing the execution of a future European Arrest Warrant based on the same acts.
(5) In all cases, at the time of surrender, the executing Romanian judicial authority shall make
known to the issuing judicial authority the length of deprivation of freedom undergone by the
person requested, so that it may be deducted from the penalty or security measure to be impo-
sed.
ARTICLE 97
Postponed or conditional surrender
(1) Where the requested person is being criminally prosecuted or tried by the Romanian ju-
dicial authorities for an act other than the one that motivates the European Arrest Warrant, the
executing Romanian judicial authority may, even if execution of the warrant has been ordained,
stay the surrender until the end of the trial or until the penalty is served.
(2) In the situation provided in para. (1), the executing Romanian judicial authority may grant,
if the issuing judicial authority so requests, a temporary surrender of the requested person, accor-
ding to the conditions agreed upon in writing with the issuing judicial authority.
ARTICLE 98
The handing over of articles
(1) Upon request from the issuing judicial authority or ex officio, the executing Romanian ju-
dicial authority shall ordain the handing over, according to the Romanian law, of articles that are
evidence or that were acquired by the requested person following the commission of the offence
that reasoned the issuing of a European Arrest Warrant, while not violating the rights that the