Basic HTML Version
1512
Uluslararası Adli İşbirliği
Court of Cassation and Justice, shall ensure the transmission of requests for transfer of criminal
proceedings by one of the means provided in this Law.
Article 113
Effects of transfer
(1) After the approval of the transfer of criminal proceedings by the Requested State, no other
proceedings for the same act can be initiated by the Romanian judicial authorities.
(2) Suspension of the period of time limitation for criminal liability shall be maintained until
the cause is solved by the competent authorities of the Requested State.
(3) Romania shall regain its right to initiate, or, the case being, resume criminal prosecution
for that act if:
a) the Requested State informs it that it cannot complete the criminal prosecution that was
transferred to it;
b) it subsequently takes cognisance of a reason that, according to this law, would prevent
the request for transfer of criminal proceedings.
(4) In case of conviction, the decision handed down in the proceedings initiated or continued
in the Requested State, once it is final, shall be mentioned in the judicial record and take the same
effects as if it had been handed down by a Romanian court.
CHAPTER II
TAKING OVER CRIMINAL PROSECUTION OR CRIMINAL PROCEEDINGS
ARTICLE 114
Requests for taking over the criminal proceedings
(1) Any request for taking over the criminal proceedings made by a foreign State to the Ro-
manian public prosecutor’s offices or courts shall be forwarded, according to case, to the Ministry
of Justice or to the public prosecutor’s office attached to the High Court of Cassation and Justice.
(2) Requests for takingover the criminal prosecution shall be solvedby thepublic prosecutor’s
office attached to the court of appeal that has jurisdiction over the domicile or the location of the
requested person. Requests for taking over a trial shall be solved by the criminal section of the
court of appeal that has jurisdiction over the domicile or location of the requested person.
(3) The competent general prosecutor or the public prosecutor designated by him shall de-
cide upon the request according to the Criminal Procedure Code.
(4) Requests for taking over a trial shall be sent by the Ministry of Justice to the public
prosecutor’s office attached to the court of appeal that is competent to solve it. The competent
general prosecutor shall notify his proposal for admission or rejection of the request to the court