Page 1560 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

Basic HTML Version

1548
Uluslararası Adli İşbirliği
believe that the addressee does not understand the language in which the document is draf-
ted, the document, or at least the important passages in it, must be translated into (one of ) the
language(s) of the Member State in the territory of which the addressee is staying. If the authority
forwarding the document knows that the addressee speaks only some other language, the do-
cument, or at least the important passages thereof, must be translated into that other language.
(2) An expert or witness who has failed to answer a summons to appear, sent to him by post,
shall not, even if the summons contains a notice of penalty, be subjected to any punishment or
measure of constraint, unless subsequently he voluntarily enters into the territory of Romania
and is here again duly summoned. The authority sending a summons to appear by post shall en-
sure that this does not involve a notice of penalty.
(3) If the act on which the request for assistance is based is punishable under the law of both
States by virtue of being an infringement of the rules of law which is being prosecuted by the
administrative authorities, and where the decision may give rise to proceedings before a court
having jurisdiction in particular in criminal matters, the procedure outlined in paragraph (1) must
in principle be used.
(4) Procedural documents may be forwarded via the judicial authorities of the requested
Member State, where the addressee’s address is unknown or where a formal service is required.
ARTICLE 1878
Cross-border observation
In applying this Section, the list in Article 170 para. (5) is hereby supplemented with the fol-
lowing acts:
a) manslaughter;
b) serious fraud;
c) money laundering;
d) illicit traffic in nuclear and radioactive substances;
e) participation in criminal organisations, mentioned in the Joint Action 98/733/JHA of
21 December 1998 on making it a criminal offence to participate in a criminal organisation in the
Member States of the European Union;
f ) offences of terrorism provided in the Framework Decision 2002/475/JHA of 13 June
2002 on combating terrorism.
ARTICLE 1879
Cross-border pursuit
(1) Officers of a foreign State who, as part of a criminal investigation, are pursuing in their