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1506
Uluslararası Adli İşbirliği
ARTICLE 100
The speciality rule
(1) The consent for the prosecution, trial, sentencing or detention of a person by the Romani-
an authorities for other acts committed before his surrender based on a European arrest warrant
shall be presumed to have been given by those Member States that have sent a notification in
this respect to the General Secretariat of the Council of the European Union, unless the executing
judicial authority otherwise ordains in its judgement of surrender
(2) Except in the cases referred to in paragraphs (1) and 4, a person surrendered to Romanian
authorities may not be prosecuted, tried, or deprived of his or her freedom for another offence
committed prior to his or her surrender, unless the executing Member State consents. To this end,
the Romanian issuing judicial authority shall send the executing judicial authority a request for
authorisation, accompanied by the information in Article 79 para.(1).
(3) In relations with other Member States than those in para. (1), the consent by the Romanian
executing judicial authority is required. In this respect, the competent judge shall decide, by a
reasoned order issued in camera without summoning the parties, within 30 days from receipt of
the request, without prejudice to the guarantees in Art. 87
(4) .The previous paragraphs shall not apply under one of the following circumstances:
a) When the requested person expressly renounced the speciality rule before the exe-
cuting judicial authority, before the surrender.
b) When the requested person renounced, after surrender, the use of the speciality
rule in connection to certain offences previous to his surrender. The statement of renunciation of
the speciality rule shall be given before the competent judicial authority of the issuing Member
State, and an official record shall be drawn up according to the internal law of the latter State. The
requested person shall have a right to be assisted by a lawyer. Renunciation of the speciality rule
must be willed and in full awareness of its consequences.
c) When, while having had the possibility to leave the territory of the Member State
to which he was surrendered, the person concerned did not do so within 45 days from his final
release, or when he returned to this territory after having left it.
d) When the offence is not sanctioned with a custodial penalty.
e) When, at the end of the criminal trial, no custodial penalty and no security measure
is applied.
ARTICLE 101
Transit
(1) For approval of transit of a person in Romanian territory in view of executing a European
Arrest Warrant, the Issuing State must provide the following data: