Page 1568 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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Uluslararası Adli İşbirliği
ARTICLE 18721
Purpose
The provisions of this Section shall apply to freezing orders issued according to the Frame-
work Decision for purposes of securing evidence or subsequent confiscation of property.
ARTICLE 18722
The certificate
(1) The certificate must be drawn up according to the standard form in Annex No. 2 and sig-
ned by the judicial authority that ordained the measure in Art.18720 para. (1). Also, the contents
of the certificate shall be certified as accurate by the competent issuing judicial authority.
(2) A certificate issued by a Romanian judicial authority must be translated into the official
language or into one of the official languages of the executing Member State or into another
language that is accepted by that Member State.
(3) A certificate transmitted to the Romanian judicial authorities in view of being executed
must be translated into Romanian.
ARTICLE 18723
Competent authorities
(1) The freezing order is be issued by the public prosecutor at the stage of criminal prosecuti-
on, and by the law court at the trial stage.
(2) The freezing order is executed by the prosecution office of the tribunal, at the stage of
criminal prosecution, and by the tribunal at the trial stage, in whose jurisdiction the property is
located for which the freezing order has been issued.
(3) If the freezing order concerns several items of property that are located in the jurisdicti-
ons of two or more competent Romanian judicial authorities, the competence to recognise and
execute the freezing order shall belong, depending on the stage of the proceedings, either to the
Prosecution Office of the Tribunal of Bucharest or to the Tribunal of Bucharest.
(4) If the freezing order concerns property that is involved in pending criminal proceedings
or in proceedings that have been decided by final judgement, the competence shall belong to
the prosecution office of the tribunal at the stage of criminal prosecution and to the tribunal at
the trial stage, regardless of the degree of jurisdiction of the Romanian judicial authority that has
been called upon to solve the case or that has pronounced the judgement.