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Uluslararası Adli İşbirliği
check by the Ministry of Justice. Article 40 shall apply accordingly. After finding the conditions
to be met, the Ministry shall send the request and the supporting documents, with translations,
to the general prosecutor attached to the competent court of appeal. The documents submitted
by the competent foreign consular office in relation to the request for transfer, under Article 135
para.(2), shall be attached to the case record.
(2) The general prosecutor shall, upon receipt of the request and documents in para.(1), take
a statement from the sentenced person, to make sure that the latter has given his consent for
the transfer, either personally or through a representative, according to the conditions in Art.134
para.(1). The sentenced person’s statement shall be taken down into an official record, signed by
the public prosecutor and by the sentenced person.
(3) The general prosecutor shall notify the court of appeal that has jurisdiction over the place
of detention or, where the sentenced person has not begun serving the penalty, over his/her
domicile, in view of solving the request for transfer. Also, before notifying the court of appeal, the
general prosecutor shall check whether the sentenced person is involved in any criminal procee-
dings that are pending with Romanian judicial authorities, and announce its findings to the court.
Where the obtainment of information would lead to a delay in the transfer procedure, the general
prosecutor shall ordain notification of the court of appeal, and the information shall be obtained
before the first main hearing date.
(4) The request shall be judged in the council chamber, with the participation of the prose-
cutor, and while summoning the person sentenced, and, if appropriate, with the participation
of an interpreter. At his/her request, the sentenced person may be assisted by a defender, either
chosen by him/her or, in the absence of a choice, appointed ex officio. The request shall be tried in
emergency procedure and as a priority, and the judgement shall be reasoned within 5 days from
its pronouncement and communicated to the Ministry of Justice.
(5) The sentence may be appealed against in points of law within 5 days from its handing
down, either by the general prosecutor of the court of appeal, ex officio, or upon request from the
Minister of Justice, as well as by the sentenced person. Para. (4) shall apply accordingly.
(6) The Ministry of Justice shall inform the central authority of the Executing State of the final
solution handed down by the Romanian courts on the request for transfer, as soon as possible.
Art. 138 para. (5) Thesis 2 shall apply.
(7) If the transfer of the sentenced person is accepted, the Ministry of Justice shall inform of
this the Ministry of Administration and the Interior, which shall ensure the surrender under escort.
(8) In the event of a person who, after having been sentenced through final criminal judge-