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Kanunları ve Tercümeleri
fects as judgements rendered by Romanian courts.
(3) The foreign State requesting enforcement is the only one that has competence to decide
upon extraordinary means of judicial review initiated against the judgement that is to be enfor-
ced.
(4) Amnesty and pardon may be granted both by the foreign State and by Romania.
(5) The foreign State shall inform Romania about the occurrence of any of the cases that entail
cessation of enforcement, under para.(4).
(6) Commencement of penalty execution in Romania shall entail renunciation of the foreign
state of execution in its own territory, unless the sentenced person eludes penalty service. In the
latter case, the foreign state shall reacquire the right to execute the penalty from the time when it
is informed about the total or partial non-execution of the penalty.
ARTICLE 123
Conditions for uttering a request for recognition and enforcement
(1) Romanian courts may request recognition and enforcement by a foreign State of a court
judgement in any of the following cases:
a) where the sentenced person is a national of the requested state or of a third State or
is stateless and domiciles in such a State, and under the law of the requested State extradition of
the sentenced person to Romania in view of penalty service is inadmissible or the foreign State
refused extradition.
b) where the sentenced person is a Romanian national who domiciles in the requested
State or has also the nationality of the requested state, and the foreign state refuses extradition.
(2) The uttering of a request for recognition and enforcement is admissible also where the
sentenced person is serving a penalty in the requested State for an act other than that which
entailed his/her sentencing by Romania.
(3) Where a request is uttered for recognition of a criminal judgement that imposed a penalty,
the length of such penalty must exceed one year.
(4) Paragraph (1) shall not apply, if the circumstances of the case so require, based on a treaty
concluded with the foreign State, when the security measure of expulsion is applied.