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Kanunları ve Tercümeleri
Romanian State or third parties may have upon them. Articles shall be returned at the end of the
criminal trial.
(2) The articles in para.(1) shall be handed over even if the European Arrest Warrant cannot be
executed because of the requested person’s death or escape.
(3) Should the articles be subject to confiscation in Romania, the executing judicial authority
may refuse to hand them over or may do so temporarily, if this is required by the proper course of
a criminal trial pending with Romanian judicial authorities.
ARTICLE 99
Concurrence of requests
(1) Where two or more Member States have issued a European Arrest Warrant regarding the
same person, the Romanian judicial authority shall decide upon the priority of execution, taking
into account all the circumstances and, in particular, the place of commission and the seriousness
of the offence, issuing dates of the warrants, as well as whether the warrant was issued in view of
criminal prosecution, of trial or in view of service of a penalty or security measure. The executing
Romanian judicial authority may request, if necessary, the endorsement of Eurojust regarding this
decision.
(2) In case of concurrence between a European Arrest Warrant and a request for extradition
made by a third State, the executing Romanian judicial authority shall decide while taking into
account all the circumstances and particularly those in para. (1) and those provided in the con-
vention on extradition applicable in relation to the third State. Should the priority be given to the
request for extradition, Title II shall apply.
(3) Should it decide to grant priority to the request for extradition, the executing Romanian
judicial authority shall make this known to the authority that issued the European Arrest Warrant.
(3-1) If the Romanian authorities receive from the competent authorities of the same
issuing Member State two or more warrants regarding the same person before his surrender, the
cases regarding the execution of these European arrest warrants shall be joined at the court that
was first seized, and a single judgement shall be pronounced about the execution of each of the
European arrest warrants. If surrender is approved only for one or some of the offences, the jud-
gement of surrender must mention this. Art. 100 shall apply mutatis mutandis.”
(4) This Article shall not infringe upon obligations emerging from the capacity of Party to the
Statute of the International Criminal Court.
CHAPTER IV
OTHER STIPULATIONS