Page 1551 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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1539
Kanunları ve Tercümeleri
(1) In view of solving a criminal case, the judicial authorities of the requesting State or the
competent authorities thus designated by the requesting State may make a request to the Ro-
manian authorities for judicial assistance relating to the interception of telecommunications and
their immediate transmission to the requesting State or to the interception of the recording and
of the subsequent transmission of the recording of telecommunications to the requesting State,
where the prosecuted person:
a) is in the territory of the requesting State and the latter needs technical assistance to
intercept communications from the target;
b) is in Romanian territory, in the event that the communications from the target can
be intercepted by Romania;
c) is in the territory of a third State, which has been informed and if the requesting State
needs technical assistance for intercepting communications from the target.
(2) Requests made under this Article must meet the following conditions:
a) specify and confirm the issuing of an order or a warrant for interception and recor-
ding, within the framework of criminal proceedings;
b) contain information that would allow the target of the interception to be identified;
c) specify the criminal acts that are the object of the criminal investigation;
d) mention the duration of interception;
e) if possible, contain sufficient technical data, in particular the number for connecting
to the network, in order to allow the processing of the request.
(3) Where the request is made under para.(1) b), it must contain also a description of the facts.
The Romanian judicial authorities may require any other additional information needed for estab-
lishing whether the requested measure would have been taken in a similar national case.
ARTICLE 172
Confiscation
Property emerging from the offence on which a request for letters rogatory is based shall be
confiscated under the legal provisions in force.
TITLE VIII
ARTICLE 173
The principle of speciality for letters rogatory
Romania shall not use the documents and information it receives from the requesting State
for any other purpose than that of fulfilling the letters rogatory.