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1515
Kanunları ve Tercümeleri
condition in para.(1) a), based on reciprocity. To this end, the competent court shall request that
the Ministry of Justice verify whether the condition of reciprocity is met.
(3) The execution of a judgement is possible, regardless of the verification of the conditions in
para.(1), also where it refers to a Romanian citizen whose extradition was previously granted by
Romania to the foreign State that rendered the judgement.
ARTICLE 117
The procedure for recognition at the request of a foreign State
(1) The application for recognition of a foreign criminal judgement, uttered by the competent
authority of the requesting foreign State shall be sent by the Ministry of Justice to the general
prosecutor attached to the court of appeal that has jurisdiction over the domicile or residence of
the sentenced person.
(2) The sentenced person shall be summoned, and together with the summons he/she shall
be handed also the foreign judgement and the documents attached thereto, in a language that
he/she understands.
(3) The sentenced person shall be entitled to be assisted by a lawyer, either chosen by him/her
or appointed ex officio and, where appropriate, by an interpreter.
(4) The court shall, after hearing the prosecutor and the sentenced person, if it finds the legal
conditions to be met, recognise the foreign criminal judgement or the foreign judicial document.
Where the penalty imposed through that judgement has not been served or has been partially
served, the court shall replace the penalty not served or the rest of the penalty still to be served
with a corresponding penalty under Romanian criminal law.
(5) Where the foreign criminal judgement relates to real estate, the request shall be sent to
the general prosecutor attached to the court of appeal that has jurisdiction over that real estate.
(6) The Court of Appeal shall render a judgement in the council chamber, which judgement
may be appealed against on points of law. This judgement shall be notified to the prosecutor’s
office and to the Ministry of Justice.
ARTICLE 118
The special procedure of recognition by main action
(1) Recognition of criminal judgements rendered by foreign law courts or of other foreign ju-
dicial documents may be effected by a law court also by means of main action, on the application