Basic HTML Version
1519
Kanunları ve Tercümeleri
TITLE VI
TRANSFER OF SENTENCED PERSONS
CHAPTER I
GENERAL PROVISIONS
ARTICLE 126
Repealed.
ARTICLE 127
Applicable law
(1) This Title shall apply in the field of transfer of sentenced persons, under the norms comp-
rised by international treaties to which Romania is a party, and in their absence, based on recip-
rocity.
(2) This Title shall apply also, as a supplementation, to situations that are not regulated by the
international treaties referred to in para. (1).
(3) This Title shall be without prejudice to the rights and obligations that emerge from inter-
national norms concerning the transfer abroad of detainees in view of being heard as witnesses
or in view of confrontation.
(4) In its request for transfer of a sentenced person, Romania shall specify the international
instrument based on which the request is made.
ARTICLE 128
The objective of transferring sentenced persons
(1) A person who has received a final sentence in Romanian territory may be transferred to
the State the national of which he is, in view of serving the penalty, according to this law.
(2) On grounds of conventional reciprocity, para. (1) shall apply accordingly if a Romanian
citizen has been sentenced in another State.
(3) The sentenced person may address the Sentencing State or the Executing State, in order
for him to be transferred for serving the penalty.
(4) Transfer may be requested either by the Sentencing State or the Executing State.