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(5) Recognition shall be requested subject to the condition of non-aggravation, in the foreign
state, of the penalty imposed through the judgement rendered in Romania.
(6) Recognition abroad of judicial documents issued by competent Romanian authorities
shall take place under the conditions of the applicable international treaty.
ARTICLE 124
Effects of recognition
(1) Recognition and enforcement by a foreign State of a request for recognition uttered by
Romanian courts shall entail renunciation by Romania of the enforcement of that judgement in
Romanian territory.
(2) If the sentenced person eludes penalty service, the right to enforce the judgement shall
be reacquired by Romania from the time it is informed of the total or partial non-execution of the
penalty.
CHAPTER III
ARTICLE 125
The procedure for uttering a request for recognition and enforcement of a criminal judgement
(1) Requests for recognition and enforcement of a criminal judgement in a foreign State shall
be uttered by the executing court, either ex officio or at the request of the competent prosecutor
or of the defendant, whenever the conditions in Article 123 are met.
(2) To the request shall be attached the documents set forth in the applicable international
treaty or, in the absence of a treaty, at least the final judgement and the warrant for penalty ser-
vice.
(3) When the sentenced person’s consent is required, it shall be given in the council chamber
of the executing court, unless the sentenced person is abroad; in this event, consent may be given
before a Romanian consular official or before the foreign competent judicial authority.
(4) If the defendant is in Romania and has not himself/herself uttered the request in para. (1),
the competent prosecutor shall notify him/her.
(5) The absence of a reply from the sentenced person shall be equivalent to a consent to utte-
ring the request, and this shall be notified to him/her.