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1549
Kanunları ve Tercümeleri
country a person who has been caught in the act of committing one of the offences in para.(5)
or who participated in such an offence may continue pursuit in Romanian territory without prior
authorisation where, given the particular urgency of the situation, it is not possible to notify the
competent authorities of Romania in advance, by means of direct communication, such as the
telephone, fax, radio, about their entry into their territory, or where the Romanian competent
authorities were unable to reach the scene in time to take over the pursuit.
(2) Para. (1) shall apply also where the person being pursued has escaped from provisional
custody or while serving a sentence involving deprivation of liberty.
(3) The pursuing officers of the foreign State shall, not later than when they cross the Roma-
nian State border, contact the Romanian competent authority. The hot pursuit will cease as soon
as the Romanian competent authority so requests. At the request of the pursuing officers, the
Romanian officers shall take the necessary measures in order to establish the person’s identity or
to make an arrest, according to the law.
(4) Hot pursuit may be carried out only in accordance with the following general conditions:
a) The pursuing officers must comply with Romanian legislation and they must obey
the instructions issued by the competent Romanian authorities;
b) pursuit shall be solely over land borders;
c) entry into private homes and places not accessible to the public shall be prohibited;
d) The pursuing officers shall be easily identifiable, either by their uniform, by means
of a visible inscription on their clothes or by accessories fitted to their vehicles; the use of civilian
clothes combined with the use of unmarked vehicles without the aforementioned identification
is prohibited;
e) he pursuing officers may carry their service weapons; their use shall be prohibited
save in cases of legitimate self-defence;
f ) After each operation referred to in paragraphs 1, 2 and 3, the pursuing officers shall
appear before the competent Romanian authorities and shall report on their mission; at the re-
quest of those authorities, they shall remain at their disposal until the circumstances surrounding
their action have been sufficiently clarified; this condition shall apply even where the hot pursuit
has not resulted in the arrest of the person pursued;
g) The authorities of the State from which the pursuing officers have come shall, when
requested by the Romanian authorities, assist the enquiry subsequent to the operation in which
they took part, including judicial proceedings;
h) Once the pursued person has been apprehended as provided for in paragraph (6),
for the purpose of being brought before the competent Romanian authorities that person may
only be subjected to a security search; handcuffs may be used during the transfer; objects carried
by the pursued person may be seized.