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1533
Kanunları ve Tercümeleri
Romania is the requested State;
b) that execution of the letters rogatory is consistent with the law Romania.
(2) The conditions in para. (1) may entail application of the rule of reciprocity.
ARTICLE 164
Handing over of property and documents
(1) Romania may delay the handing over of any property, records or documents requested, if
it requires them in connection with pending criminal proceedings.
(2) Any property, as well as original records or documents, handed over in execution of let-
ters rogatory shall be returned to Romania as soon as possible unless Romania waives the return
thereof.
ARTICLE 165
Hearing by videoconference
(1) If a person is in Romanian territory and has to be heard as a witness or expert by the judicial
authorities of a foreign State, the latter may, where it is not desirable or possible for the person to
be heard to appear in its territory in person, request that the hearing take place by video confe-
rence, as provided for in the following paragraphs.
(2) Such a request may be accepted by Romania provided that it is not contrary to fundamen-
tal principles of its law and on condition that it has the technical means to carry out the hearing
by videoconference.
(3) Requests for a hearing by video conference shall contain, in addition to the information
referred to in Article 159, the reason why it is not desirable or possible for the witness or expert
to attend in person, the name of the judicial authority and of the persons who will be conducting
the hearing.
(4) The witness or expert shall be summoned according to Romanian law.
(5) The judicial authorities competent to apply this Article are the courts of appeal, during
trial, and respectively the Prosecutor’s Office attached to the High Court of Cassation and Justice,
during criminal prosecution.
(6) With reference to hearing by video conference, the following rules shall apply: