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Uluslararası Adli İşbirliği
ARTICLE 149
Acceptance or rejection of requests
(1) Should the Romanian Ministry of Justice receive a request for transfer from a Romanian
national sentenced in another State, it shall notify this to the central authority in the Sentencing
State, requesting it to provide the information in Art. 133 para.(3), the documents in Art. 134 para.
(2), as well as a statement specifying whether the competent authorities consent to the transfer.
(2) If the request for transfer is refused, the Ministry of Justice shall notify this to the sentenced
person.
(3) If the request is approved, the Ministry of Justice shall send the documents in Art. 134 para.
(1) to the central authority of the Sentencing State.
(4) As soon as the Ministry of Justice receives the statement of consent from the sentencing
State, it shall send the documents to the general prosecutor attached to the competent court
of appeal, which shall in his turn, notify the court of appeal in view of recognising the foreign
judgement and enforce it, under Article 145 or Article 146, as appropriate. Article 116 shall apply
accordingly.
(5) The decision shall be motivated within 3 days and may be appealed against in points of
law within 10 days from notification. The decision shall be notified to the sentenced person by fax
or by other means of transmission, through the central authority of the Sentencing State, by the
Ministry of Justice, as soon as possible.
(6) The court of appeal shall issue a warrant for penalty service, which the Minister of Justice
shall send to the competent central authority of the Sentencing State, in view of the sentenced
person being transferred.
(7) The surrender of the sentenced person shall take place, usually, on the territory of the Sen-
tencing State, and his take over by Romania shall be handled by the Ministry of Administration
and the Interior, while notifying the Ministry of Justice.
(8) A sentenced person who was transferred to Romania can no longer be criminally prosecu-
ted for the same offence as the one that was the object of the sentence abroad.
ARTICLE 150
The judicial authorities competent
The judicial authorities competent in the procedures referred to in Art. 149 are: the Court of