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1534
Uluslararası Adli İşbirliği
a) the competent Romanian judge or prosecutor shall be present during the hearing,
where necessary assisted by an interpreter, and shall also be responsible for ensuring both the
identification of the person to be heard and respect for the fundamental principles of Romanian
law. If he is of the view that during the hearing the fundamental principles of Romanian law are
being infringed, the judge or prosecutor shall immediately take the necessary measures to ensure
that the hearing continues in accordance with the Romanian law;
b) measures for the protection of the witness or expert shall be agreed, where neces-
sary, between the competent Romanian authorities and those of the requested State;
c) the hearing shall be conducted directly by, or under the direction of, the judicial
authority of the requesting State in accordance with its own law;
d) the witness or expert may be assisted, where appropriate, by an interpreter, under
Romanian law;
e) the witness or expert may claim the right not to testify which would accrue to him or
her under the law of either Romania or the requesting State.
(7) Without prejudice to any measures agreed for the protection of witnesses, the Romanian
judicial authority shall draw up minutes indicating the date and place of the hearing, the identity
of the person heard, any oaths taken and the technical conditions under which the hearing took
place. The minutes shall be forwarded to the competent authority of the requesting State.
(8) The provisions of the Criminal Procedure Code shall apply accordingly.
(9) This Article may apply also for the hearing of accused or defendants, where the person
concerned consents and there is an agreement in this respect between the Romanian judicial
authorities and those of the requesting State.
(10) Costs relating to establishing a video link, those related to the making available of this
link in the requesting State, the remuneration of interpreters and the indemnities paid to witnes-
ses and experts, as well as travelling expenses shall be reimbursed by the foreign requesting State
to Romania, unless the latter expressly waived the reimbursement of all or part of such costs.
(11) This Article shall apply accordingly where assistance is requested by Romanian judicial
authorities.
ARTICLE 166
Spontaneous transmission of information
(1) Romanian judicial authorities may, without prior request, forward to the competent aut-
horities of a foreign State information obtained within the framework of their own investigations,
when they consider that the disclosure of such information might assist the receiving State in