Page 1571 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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1559
Kanunları ve Tercümeleri
rules applicable to mutual assistance in criminal matters and the rules applicable to international
cooperation relating to confiscation.
(4) If the freezing order is not accompanied by any of the requests in para. (3), the certificate
in Art. 18722 may contain an instruction that the property shall remain in the executing State
pending a request referred to in para. (3) a) or b). The issuing Romanian judicial authority shall
indicate in the certificate the estimated date for submission of this request.
(5) As an exception, for the Member States that have notified declarations to the European
Commission by submitting them to the General Secretariat of the Council, reserving the right to
receive and transmit the freezing order together with the certificate in Art. 18722 through the
central authorities that they designated, transmission shall take place according to the declarati-
ons made by those Member States.
(6) Where the issuing Romanian judicial authority does not know which executing authority
to transmit the order to, it shall request assistance from Romania’s contact points for the Europe-
an Judicial Network, in view of obtaining the required information.
(7) If the issuing Romanian judicial authority revokes the measure in Art. 18720 para.(1), it
must at once inform thereof the judicial authority of the executing State.
(8) If, following the execution of a freezing order issued by a Romanian judicial authority, the
executing authority has compensated any interested party, including bona fide third parties, Ro-
mania shall reimburse to the executing State any sums paid in damages.
SUBSECTION 3
Procedure of execution by the Romanian authorities
of freezing orders
ARTICLE 18726
Common provisions
(1) At whichever stage of the proceedings, the Romanian judicial authority shall recognise
any freezing order without any further formality and shall forthwith take the measures required
for its immediate execution, in the same way as for a measure under Art. 18720 para. (1) taken by
a Romanian judicial authority, unless one of the grounds for non-recognition or non-execution
provided for in Art.18731 or one of the grounds for postponement provided for in Art. 18732 is
applicable.
(2) Whenever it is necessary to ensure that the evidence taken is valid, the executing Romani-
an judicial authority shall also observe the formalities and procedures expressly indicated by the