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1541
Kanunları ve Tercümeleri
A witness or expert who has failed to answer a summons to appear, service of which has
been requested, shall not, even if the summons contains a notice of penalty, be subjected to any
punishment or measure of restraint, unless subsequently he voluntarily enters the territory of
Romania as the requesting State and is there again duly summoned.
ARTICLE 178
Refusal to testify
Where a witness who complies with the summons and appears before the Romanian judicial
authority, refuses either partially or totally to testify, he may not be subjected to any measure of
restraint or prevented in any other way to leave Romania, even if, under Romanian law, such refu-
sal would be an offence or could entail coercive measures.
ARTICLE 179
Immunities
(1) A witness or expert, whatever his nationality, appearing on a summons before the judicial
authorities of Romania as the requesting State shall not be prosecuted or detained or subjected
to any other restriction of his personal liberty in the territory of Romania in respect of acts or con-
victions anterior to his departure from the territory of the requested State.
(2) If during the proceedings a witness could be arrested who is suspected of having commit-
ted an offence in relation to his testimony before the judicial authorities of Romania as the requ-
esting State, other than that of having refused to testify, one shall take into consideration whether
the interests of justice would be better protected by entrusting the prosecution, if possible, to the
requested foreign State.
(3) A person, whatever his nationality, summoned before the judicial authorities of Romania
as the requesting State to answer for acts forming the subject of proceedings against him, shall
not be prosecuted or detained or subjected to any other restriction of his personal liberty for acts
or convictions anterior to his departure from the territory of the requested State and not specified
in the summons.
(4) The immunity provided for in this article shall cease when the witness or expert or prosecu-
ted person, having had for a period of fifteen consecutive days from the date when his presence
is no longer required by the Romanian judicial authorities an opportunity of leaving, has nevert-
heless remained in the territory, or having left it, has returned.
TITLE IX
ARTICLE 180
Temporary transfer of detained persons into the territory of the requesting State