Page 1559 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

Basic HTML Version

1547
Kanunları ve Tercümeleri
(1) Romania shall grant, according to the provisions of the European Convention of 20 April
1959 on mutual assistance in criminal matters, judicial assistance as regards infringements of the
laws and regulations on excise duties, value added tax and customs duties.
(2) Where Romania is the requesting State, it shall not forward or use information or evidence
obtained from requested State for investigations, prosecutions or proceedings other than those
referred to in its request, without the prior consent of the requested State.
(3) The judicial assistance provided in this Article may be refused where the alleged amount of
duty underpaid or evaded does not exceed EUR 25.000 or the RON equivalent thereof, or where
the presumed value of the goods exported or imported without authorisation does not exceed
EUR 100.000 or the RON equivalent thereof, unless, given the circumstances or the identity of the
accused, the case is deemed to be extremely serious by the requesting State.
(4) The provisions of this Article shall apply also when the judicial assistance requested con-
cerns acts punishable only by a fine by virtue of being infringements of the rules of law in proce-
edings brought by the administrative authorities, where the request for assistance was made by
a judicial authority.
ARTICLE 1876
Search and seizure
(1) Article 163 para. (1) shall not apply in relation to the States-party to the Convention app-
lying the Schengen Agreements.
(2) In relation to the States in para. (1), the execution of letters rogatory for search or seizure
may however be made dependent on the following conditions:
a) the act giving rise to the letters rogatory is punishable under Romanian legislation
and that of the requested State by a penalty involving deprivation of liberty or a detention order
of a maximum period of at least six months, or is punishable under the law of one of the two
Parties by an equivalent penalty and under the law of the other Party by virtue of being an infrin-
gement of the rules of law which is prosecuted by the administrative authorities, and where the
decision may give rise to proceedings before a court having jurisdiction in particular in criminal
matters;;
b) execution of the letters rogatory is consistent with Romanian law.
ARTICLE 1877
Transmission by post of procedural documents
(1) In the event of transmission by post of procedural documents, where there is a reason to