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Kanunları ve Tercümeleri
ARTICLE 137
Extraordinary means of judicial review against the sentence
(1) The right to exercise the extraordinary means of judicial review in order to cancel or amend
the final sentence shall belong to Romania, as a Sentencing State. The sentenced person may
exercise or, the case being, request the exercise of extraordinary means of judicial review, even
after the transfer.
(2) Para. (1) has no connection to the procedure of conversion of the sentence, as regulated
in Art. 146.
ARTICLE 138
Preliminary procedure
(1) A request for transfer uttered by a foreign national sentenced by a Romanian court shall be
sent to the Ministry of Justice. Upon receipt of such request, the Ministry of Justice shall request
the urgent transmission by the National Prisons Administration, of the documents and informati-
on referred to in Article 133 para. (3) and Article 134 para. (2) a) to d).
(2) After receiving the documents and information in para. (1), the Ministry of Justice shall
have them translated and then shall send them, together with the request for transfer, to the
central authority of the executing State, from which it shall request, transmission of the docu-
ments in Article 134 para.(1), as well as the judgement of acceptance of the request for transfer.
(3) Para. (2) shall not be applicable where the Romanian authorities hold information or do-
cuments that entail mandatory refusal of transfer. Such a solution may be rendered by the com-
petent court of appeal, at the request of the general prosecutor of the court, of office or at the
request of the Minister of Justice.
The sentence by the court of appeal shall be reasoned, and may be appealed against on po-
ints of law within 5 days from its pronouncement.
(4) Where the solution of refusal of transfer, provided in para. (3), remains final, the Ministry
of Justice shall announce this, as soon as possible, to the central authority of the executing State.
The sentenced person shall be informed in due time, under Article 133 para. (5), through the Na-
tional Prisons Administration.
ARTICLE 139
Solutions
(1) Where the procedure for solving a request for transfer continues, all the documents, inclu-
ding those provided by the executing State, shall first be subjected to the international regularity