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Uluslararası Adli İşbirliği
ARTICLE 129
Conditions for transfer
A sentenced person may be transferred in view of serving the penalty only on the following
conditions:
a) the convict is a national of the Executing State;
b) the decision is final;
c) at the date of receipt of the request for transfer, the sentenced person still has at least
6 months left to serve from the length of the penalty. In exceptional cases, based on an agree-
ment between the States involved, transfer may take place even if the part of the penalty still to
be served is under 6 months.
d) Transfer shall be consented to by the sentenced person or, if, according to his age or
physical or mental condition, one of the two States finds it necessary, by the person’s representa-
tive. Consent shall not be requested in case of escaped convicts who take refuge in the Executing
State the nationals of which they are;
e) the acts that entailed the sentence are offences according to the law of the Execu-
ting State;
f ) the Sentencing State and the Executing State must agree upon the transfer; otherwi-
se the transfer may not take place.
ARTICLE 130
Requests and replies
(1) Requests for transfer, as well as replies to them, must be written.
(2) Requests shall be sent by the competent authority of the Requesting State to the compe-
tent authority of the Requested State. Replies shall be sent in the same manner.
(3) The authority that is competent according to para. (2) is, for Romania, the Ministry of Justi-
ce, and for the foreign State, for the purposes of this law, the competent central authority.
(4) The Romanian Requested State shall inform the foreign Requesting State, as soon as pos-
sible, of its decision regarding the acceptance or refusal of the transfer requested.
ARTICLE 131
Repealed.
ARTICLE 132
Legal framework
This Chapter shall apply accordingly if Romania is the Executing State.
CHAPTER II