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Kanunları ve Tercümeleri
person cannot be ensured at the hearing of proceedings in the requesting State and that his pre-
sence in person at the hearing of proceedings in the requested State can be ensured.”
ARTICLE 111
Procedure
(1) Transfer of criminal proceedings shall be requested on the basis of the judgement of the
court that would be competent to conduct the proceedings in first instance, if the proceedings
concern criminal prosecution, or of the court with which the case is pending, if the proceedings
concern a trial.
(2) To this end, at the proposal of the public prosecutor who is conducting or supervising
criminal prosecution or ex officio, if the legal conditions are met, the court shall issue a reasoned
order of transfer of proceedings in criminal matters. If criminal prosecution is being transferred,
the proposal by the public prosecutor shall be examined in camera by a panel of one judge, re-
gardless of the nature of the offence, and the presence of the public prosecutor is mandatory.
(3) The order in para. (2) may be appealed against on points of law. The time limit for appe-
aling is 5 days from the pronouncement. The case file shall be forwarded to the appellate court
within 5 days, and the appeal shall be tried within 30 days from the date of registration of the
case. The appeal shall stay the execution.
(4) The final conclusion ordaining transfer of proceedings shall stay the period of time limita-
tion for criminal liability, as well as the continuation of the criminal proceedings already initiated,
subject to acts and steps of urgent nature.
(5) The request shall be made by the public prosecutor who is conducting or supervising cri-
minal prosecution or, as appropriate, by the court, and shall be sent to the Prosecution Office of
the High Court of Cassation and Justice or to the Ministry of Justice, according to Art. 13, together
with copies of all the procedural documents certified by a competent Romanian member of the
judiciary, unless the foreign State requests transmission of the original case file.
(6) If it is not sent to the requested State, the original of the case file shall be archived. If the
original is sent, a certified copy of the case file shall be kept in the archives. Restitution of the
original shall be requested in the event that the criminal prosecution or trial is not taken by the
requested State.
ARTICLE 112
Transmission of requests
The Ministry of Justice or, where appropriate, the Prosecutor’s Office attached to the High