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Kanunları ve Tercümeleri
of appeal.
(5) Once invested with a request for taking over a trial, the competent court of appeal shall
ordain upon the admissibility of the request, through a reasoned conclusion. The conclusion may
be appealed against in points of law within 5 days from its handing down.
(6) If the request is deemed as admissible, the trial shall continue according to the Criminal
Procedure Code.
(7) The Prosecution Office of the High Court of Cassation and Justice or the Ministry of Justice
shall inform the authorities of the requesting State whether the request for transfer of procee-
dings in criminal matters has been approved or dismissed
CHAPTER II1
Provisions for the implementation of the Convention of 19 June 1990 applying the
Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common
borders, Schengen
ARTICLE 1141
Application of the non bis in idem principle
(1) A person who has been finally judged by a Member State of the Schengen Area may not
be prosecuted or tried by another for the same acts provided that, where he is sentenced, the
sentence has been served or is currently being served or can no longer be carried out under the
law of the sentencing State.
(2) Nevertheless, para.(1) shall not apply where:
a) the acts to which the foreign judgment relates took place in whole or in part in
Romanian territory. In this case, this exception shall not apply if the acts took place in part in the
territory of the Member State where the judgment was given;
b) the acts to which the foreign judgment relates constitute an offence against State
security or other equally essential interests of Romania;
c) the acts to which the foreign judgment relates were committed by a Romanian offi-
cial in violation of the obligations of his office.
(3) The exceptions in para.(2) shall not apply where the Member State concerned has, in res-
pect of the same acts, requested the taking over of criminal prosecution or has granted the ext-
radition of the person concerned.