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Kanunları ve Tercümeleri
d) for other purposes to the extent that this is agreed between the States setting up the team.
ARTICLE 170
Cross-border observations
(1) Subject to any contrary provisions existing in the convention applicable in relation to
that State, the agents of a foreign State who, within the framework of a judicial investigation, are
keeping under observation in their country a person who is presumed to have taken part in a
criminal offence to which extradition may apply, or a person who it is strongly believed will lead
to the identification or location of the abovementioned person, shall be authorised to continue
their observation in the territory of Romania, based on a request for judicial assistance which
has been previously submitted. On request, the observation may be entrusted to the competent
Romanian authorities.
(2) The request for judicial assistance referred to in para. (1) must be sent to the Prosecutor’s
Office attached to the High Court of Cassation and Justice and contain all the relevant informa-
tion on the case, according to the provisions of the applicable convention. Through its authori-
sation, the Prosecutor’s Office attached to the High Court of Cassation and Justice may impose
certain conditions.
(3)When, for particularly urgent reasons, prior authorisation of Romania cannot be requested,
the foreign officers conducting the observation within the framework of a criminal investigation
shall be authorised to continue in Romanian territory the observation of a person presumed to
have committed any of the offences listed in para. (5), provided that the following conditions are
met :
a) the crossing of the border shall be notified at once, during the observation, to the
Prosecutor’s Office attached to the High Court of Cassation and Justice, as well as to the structure
of the Border Police operating within the border crossing point;
b) a request for judicial assistance submitted in accordance with paragraph (1) and out-
lining the grounds for crossing the border without prior authorisation shall be submitted without
delay.
(4) The observation referred to in paragraphs (1) and (2) shall be carried out only under the
following conditions:
a) the officers conducting the observationmust observe this Article and Romanian law;
b) subject to the situations in para. (3), the officers shall, during the observation, carry
a document certifying that authorisation has been granted;
c) The officers conducting the observation must be able at all times to provide proof
that they are acting in an official capacity;
d) The officers conducting the observation may carry their service weapons during the