Basic HTML Version
1526
Uluslararası Adli İşbirliği
Through the Ministry of External Affairs, Romania shall request that the competent Romani-
an consular office obtain from the sentenced person or from his representative a statement on
his consent to the transfer, expressed freely and in full awareness of the legal consequences of a
transfer of the sentenced person to Romania.
ARTICLE 143
Evidence required for solving a request
(1) The Romanian consular office shall be required to draw up a document on the social and
family status of the sentenced person, while taking into account his own statements and also
specifying his chances of readapting in Romania
(2) Romania shall request that the central authority in the Sentencing State provide a copy
of the sentenced person’s criminal record, as well as information regarding any relations that he
might have had with social environments that harbour crime.
ARTICLE 144
Effects of transfer for the Executing State
(1) The competent Romanian authorities are obliged:
a) either to continue execution of the judgement, at once or based on a court decision,
according to the conditions in Art. 145.
b) or change the sentence, through a court judgement, thus replacing the penalty
imposed in the sentencing State with a penalty provided in Romanian legislation for the same
offence, under Article 146.
(2) Upon request from the Sentencing State, Romania is obliged to make known to the Sen-
tencing State, before the sentenced person’s transfer, which of the two procedures in para. (1) is
to be followed.
(3) The penalty shall be ruled by the law of the Executing State.
ARTICLE 145
Continuation of execution
Should Romania choose to continue the execution of the penalty imposed in the Sentencing
State, it shall respect the type and length of the penalty provided in the sentence.
ARTICLE 146
Conversion of sentence