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Kanunları ve Tercümeleri
ment by a Romanian court, escapes, where penalty service has begun or, where it has not begun,
eludes penalty service, taking refuge in the territory of his/her State of nationality, Romania may
request that State to take over the execution of the penalty imposed. Such request shall be utte-
red by the executing court, where the person is eluding penalty service, or by the court having
jurisdiction over the place of detention, where the sentenced person had begun penalty service.
The request may include also a requirement that the State in the territory of which the sentenced
person took refuge take the measure of arrest or any other measure meant to guarantee that the
sentenced person will remain in its territory until the judgement on the request for take over of
execution is communicated. The documents in Article 133 para. (3) and Article 134 para. (2) a), b)
and d) shall be attached to the request. After they are translated, the request and the attached
documents shall be sent to the Ministry of Justice in view of communication to the central autho-
rity of the requested State.
ARTICLE 140
Optional refusal of transfer
Requests for transfer of a sentenced person may be refused, mainly, for the following reasons:
a) the person was sentenced for serious offences that have had a deeply negative echo
among the public in Romania;
b) the penalty provided in the law of the Executing State is obviously heavier or lighter in
relation to the one established by the Romanian court’s decision;
c) there are sufficient clues to suggest that, once he is transferred, the sentenced person wo-
uld be released either immediately or within a term that is much too short when compared to the
length of the penalty still left to be served according to Romanian law;
d) the sentenced person has not repaired the prejudice caused by the offence, has not paid
the costs incumbent upon him through the Romanian court’s decision and has not guaranteed
the payment of compensations;
e) if there are sufficient clues to suggest that the Executing State will not observe the speci-
ality rule.
Section 2
Romania as Executing State
ARTICLE 141
Required documents
(1) Romania is obliged to provide, upon request from the Sentencing State, the documents in
Art. 134 para. (1).
(2) Art. 134 para. (2) and (3) shall apply accordingly.
ARTICLE 142
Consent of the sentenced person