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Uluslararası Adli İşbirliği
ARTICLE 108
Transitional provisions
(1) The provisions of this Title shall apply to European arrest warrants received by the Roma-
nian authorities after its entry into force, even if the warrants concern offences committed before
that date
(2) The extradition procedures pending at the time when this Title enters force shall continue
to be solved according to Title II.
TITLE IV
TRANSFER OF PROCEEDINGS IN CRIMINAL MATTERS
CHAPTER I
REQUESTS FOR TRANSFER OF CRIMINAL PROCEEDINGS
ARTICLE 109
General provisions
The exercise of criminal proceedings or the continuation of proceedings initiated by the com-
petent Romanian judicial authorities for an act that is an offence according to Romanian law, may
be transferred to a foreign State under the conditions set forth in this Title.
ARTICLE 110
Conditions
(1) The Romanian judicial authorities may request the competent authorities of another State
to take criminal proceedings or to continue such proceedings if it considers that transfer of the
proceedings is warranted in the interests of arriving at the truth or it is likely to improve the pros-
pects for social reintegration in the event of a sentence, in any of the following cases:
a) if the suspected person is undergoing a sentence in the requested State, for an of-
fence that is more serious than the one committed in Romania;
b) if the suspected person is ordinarily resident in the requested State and, under the
law of that State, extradition or surrender has been refused or would be refused should a request
be made or a European arrest warrant be issued;
c) if the suspected person is ordinarily resident in the requested State and, under the
law of that State, the recognition of the final criminal sentencing judgement pronounced by the
Romanian court has been refused or is not compliant with the national legal policy of that State, if
the sentenced person has not begun to serve the penalty, and the execution is not possible even
if extradition or surrender was available.
(2) Transfer of criminal proceedings may be requested also whenever the Romanian judicial
authorities consider, given the circumstances of the case, that that the presence of the suspected