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1536
Uluslararası Adli İşbirliği
b) a number of States are conducting investigations into criminal offences in which
the circumstances of the case necessitate coordinated, concerted action in the States concerned.
(3) A request for the setting up of a joint investigation teammay be made by any of the States
involved. The team shall be set up in one of the States in which the investigations are expected
to be carried out.
(4) Requests for the setting up of a joint investigation team shall include proposals for the
composition of the team.
(5) The members of the teamwho are designated by Romanian authorities shall be referred to
as “members”, while members from the foreign State shall be referred to as “seconded members”.
(6) A joint investigation team shall operate in the territory of Romania under the following
general rules:
a) the leader of the team shall be a representative of the competent Romanian judicial
authority;
b) the team shall carry out its operations according to Romanian law. The members and
secondedmembers of the team shall carry out their tasks under the leadership of the person in a).
(7) Seconded members of the joint investigation team shall be entitled to be present when
any procedural steps are taken, unless the leader of the team decides otherwise.
(8) Where the joint investigation team needs procedural steps to be taken in the requesting
State, seconded members may request their own competent authorities to take those steps.
(9) A seconded member of the joint investigation team may, in accordance with his or her
national law and within the limits of his or her competence, provide the team with information
available in the State which has seconded him or her for the purpose of the criminal investigati-
ons conducted by the team.
(10) Information lawfully obtained by a member or seconded member while part of a joint
investigation team which is not otherwise available to the competent authorities of the States
involved may be used for the following purposes:
a) for the purposes for which the team has been set up;
b) subject to the consent of the State where the information was obtained, for detec-
ting, investigating or prosecuting other criminal offences;
c) for preventing an immediate and serious threat to public security, and without pre-
judice to the provisions of b);