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1514
Uluslararası Adli İşbirliği
TITLE V
Recognition and enforcement of criminal judgements and judicial documents”
CHAPTER I
Recognition and enforcement of foreign criminal judgements
and judicial documents
ARTICLE 115
General provisions
(1) For the purposes of this Chapter, foreign criminal judgement shall mean any judgement
rendered by the competent court of another State.
(2) For the purposes of this Chapter, foreign judicial document shall mean a judicial document
issued by a competent foreign judicial authority.
(3) The competence of the foreign court or judicial authority shall be verified through the
Ministry of Justice.
ARTICLE 116
Conditions for recognition
(1) Recognition in Romanian territory of a foreign criminal judgement or of a foreign judicial
document may take place if:
a)
Romania has assumed such an obligation through an international treaty to
which it is a party;
b)
the right to a fair trial under Article 6 of the Convention for the Protection of Hu-
man Rights and Fundamental Freedoms, concluded in Rome on 4 November 1950 and ratified by
Romania through Law No. 30/1994, has been observed;
c)
it has not been rendered for a political offence or for a military offence that is not
an offence of ordinary competence;
d)
complies with the public policy of Romania;
e)
the judgement or document is capable of producing legal effects in Romania ac-
cording to Romanian law;
f )
the same person has not been sentenced for the same acts in Romania;
g)
the same person has not been sentenced for the same acts in another state who-
se sentence has been recognised by Romania;
(2) Foreign criminal judgements may be recognised in Romania also if they do not meet the