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1558
Uluslararası Adli İşbirliği
- crimes within the jurisdiction of the International Criminal Tribunal,
- unlawful seizure of aircraft/ships,
- sabotage.
(2) For cases not covered by para. (1), the recognition and execution of a freezing order issued
for the purposes of securing evidence shall be subject to the condition that the acts for which the
order was issued constitute an offence under Romanian law, whatever the constituent elements
or however described under the law of the issuing State.
(3) For cases not covered by para. (1), the recognition and execution of a freezing order issued
for the purposes of subsequent confiscation of property shall be subject to the condition that
the acts for which the order was issued constitute an offence which, under Romanian law, allows
for such freezing, whatever the constituent elements or however described under the law of the
issuing State.
(4) In relation to taxes or duties, customs and exchange, execution of the freezing order may
not be refused on the ground that Romanian legislation does not impose the same kind of tax or
duty or does not contain a tax, duty, customs and exchange regulation of the same kind as the
law of the issuing State.
SUBSECTION 2
Procedure for the issuing and transmission
of freezing orders
ARTICLE 18725
The issuing and transmission of freezing orders
(1) The document that constitutes the freezing order under Art. 18720 para. (1) shall be drawn
up according to the relevant provisions of the Criminal Procedure Code.
(2) The freezing order, together with the certificate drawn up under Art. 18722 shall be trans-
mitted by the issuing Romanian judicial authority directly to the competent judicial authority of
the executing State. Transmission shall take place by any means capable of producing a written
record under conditions allowing the executing judicial authority to establish authenticity.
(3) The freezing order shall be transmitted together with:
a) a request for the evidence to be transferred, or
b) a request for confiscation requiring either enforcement of a confiscation order is-
sued by the competent Romanian judicial authority, or confiscation in the executing State and
subsequent enforcement of any such order. Such requests shall be made in accordance with the