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1542
Uluslararası Adli İşbirliği
(1) A person in custody whose personal appearance as a witness or for purposes of confronta-
tion is applied for by the requesting judicial authorities shall be temporarily transferred to the ter-
ritory of that State, provided that he shall be sent back within the period stipulated by the reques-
ted judicial authority and subject to the provisions of Article 179 in so far as these are applicable.
(2) For applications with the Romanian judicial authorities, the competence to solve the app-
lication shall belong to the court that has venue over the place of detention. To this end, the court
shall ordain that the person in custody be heard, in the presence of a lawyer chosen or appointed
ex officio, as well as of an interpreter, where appropriate, in the council chamber, with the partici-
pation of the prosecutor. The person in custody shall be informed of the object of the request and
asked to state whether he agrees to be temporarily transferred into the territory of the requesting
State in view of being heard as a witness. His statement shall be recorded in minutes signed by
the president of the judgement panel, the court clerk, the interpreter and the defendant.
(3) Where the person in custody does not consent, the court shall ordain dismissal of the app-
lication. Such order shall be final and served to the Ministry of Justice within 48 hours from its
pronouncement.
(4) Where the person in custody consents to the temporary transfer, the court shall check
whether the conditions in para. (6) are met, and shall ordain acceptance or dismissal of the requ-
est, as appropriate. The order may be appealed against on points of law, within 24 hours from its
pronouncement, by the competent prosecutor. The appeal shall be solved within 3 days.
(5) The order in para. (4) shall be served to the Ministry of Justice within 24 hours from its
becoming final. The Ministry of Justice shall inform the central authority of the requesting State
about the decision of the Romanian judicial authority. The court order of temporary transfer of
the person in custody shall be served on the Ministry of Administration and the Interior, which
shall ensure the surrender under escort of the person in custody, under para. (8).
(6) Transfer may be refused:
a) if his presence is necessary at criminal proceedings pending in the territory of Romania;
b) if transfer is liable to prolong his detention;
c) if there are other overriding grounds for not transferring him to the territory of the
requesting State.
(7) The person transferred shall remain in custody in the territory of the requesting State and,
if appropriate, in the territory of the State requested for transit, unless the Romanian competent
judicial authority requests his release, under the conditions of the Criminal Procedure Code.
(8) The place where the detainee is to be surrendered to the requesting State and the place
where he is to be taken over from the requesting State shall be a Romanian border checkpoint.