Page 1556 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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1544
Uluslararası Adli İşbirliği
legislation in force.
ARTICLE 184
Service of procedural documents
(1) Procedural documents shall be served under this Title and in accordance with the provisi-
ons of the relevant international treaties.
(2) Procedural documents shall mean, mainly, summons to parties or witnesses, indictment,
other documents of criminal prosecution, court judgements, applications for judicial review or
documents relating to the execution of a penalty, the payment of a fine or the payment of court
costs.
(3) Requests for judicial assistance relating to the service of procedural documents, submitted
to the Romanian judicial authorities, shall be fulfilled at the stage of trial by the first instance court
that has venue over the domicile or place of detention of the person who is to receive the docu-
ments, and at the stage of criminal prosecution by the prosecutor’s office attached to that court.
TITLE X
ARTICLE 185
Service and proof of service
(1) Service of procedural documents may be effected by simple transmission to the person
to be served. If the requesting State expressly so requests, service shall be effected by Romania
in the manner provided for the service of analogous documents under its own law or in a special
manner consistent with such law.
(2) Proof of service shall be given by means of a receipt dated and signed by the person served
or by means of a declaration made by the Romanian requested authority that service has been
effected and stating the form and date of such service. One or other of these documents shall
be sent immediately to the requesting State. Romania shall, if the requesting State so requests,
state whether service has been effected in accordance with Romanian law. If service cannot be
effected, the reasons shall be communicated immediately by Romania to the requesting State.
ARTICLE 186
Time needed for service
The summons to appear addressed to a prosecuted person who is in Romanian territory, shall
be sent to the Romanian competent authorities no later than 40 days before the date set for ap-