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Uluslararası Adli İşbirliği
ARTICLE 174
Provisional measures
At the request of the requesting State, the provisional measures provided in Romanian law
may be taken for the purpose of preserving evidence, maintaining an existing situation or protec-
ting endangered legal interests.
ARTICLE 175
Appearance of witnesses or experts
(1) Where the personal appearance of a witness or expert is needed before the Romanian
judicial authorities, the requesting judicial authority shall make a mention in this respect, in the
request for service of summons.
(2) In the case in para. (1), the request or the summons shall indicate the approximate allo-
wances payable and the travelling and subsistence expenses refundable. The Romanian judicial
authority that ordained the summoning may, through the request, ask the requested State to
grant the witness or expert an advance, the amount of which shall be refunded from the specially
allocated fund for judicial expenses.
(3) If the appearance in person of a witness or expert is requested to the Romanian authorities
by a foreign State, where the witness or expert declares that he/she will appear in person, the
latter may request the payment of an advance from the amount of the travelling and subsistence
expenses. The court shall specify in a conclusion the amount of money requested by the witness
or expert, the banking unit where the amount of money is to be deposited in the name of the
witness or expert, and at the disposal of the competent Romanian judicial authority. The court’s
conclusion and the written statement by the witness or expert shall both be sent to the reques-
ting State, through any of the channels in Article 14 or Article 15.
ARTICLE 176
The amount of costs
The allowances, including subsistence, to be paid and the travelling expenses to be refunded
to a witness or expert by Romania as a requesting State shall be calculated as from his place of
residence and shall be at rates at least equal to those provided for in the scales and rules in force
in the country where the hearing is intended to take place.
ARTICLE 177
Non-appearance by a witness or expert