Page 1572 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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Uluslararası Adli İşbirliği
issuing judicial authority, provided that such formalities and procedures are not contrary to the
constitutional principles.
(3) A report on the execution of the freezing order – based on the report drawn up by the
judicial body who carried out the freezing order – shall be made forthwith by the executing Ro-
manian judicial authority to the competent authority in the issuing State by any means capable
of producing a written record.
(4) Any additional coercive measures rendered necessary by the freezing order shall be taken
in accordance with the applicable procedural rules of the Criminal Procedure Code.
ARTICLE 18727
Preliminary measures
(1) Whenever a Romanian judicial authority receives a freezing order, it shall check, within 24
hours of the date of receipt, whether the order is accompanied by the certificate in Art. 18722 or
by any other equivalent document, and by translations into Romanian.
(2) If the documents in para. (1) have not been translated, the Romanian judicial authority
shall request that the issuing judicial authority should send the translation within 3 days. After
receiving the translation, the Romanian judicial authority shall, within 24 hours of the date of
receipt, check whether it has competence.
(3) If the Romanian judicial authority considers that it does not have the competence to re-
cognise and enforce the freezing order, it shall forthwith and ex officio send the freezing order to
the competent Romanian judicial authority in view of execution and inform thereof the judicial
authority of the issuing State. If the freezing order does not contain sufficient information to de-
termine competence, the Romanian judicial authority may request additional information from
the issuing judicial authority, appointing a time limit of up to 3 days for this.
(4) At the trial stage, the assignment of the case shall take place according to the legal provisi-
ons in force in this matter, and the hearing date must not be later than 5 days after the assignment
of the case.
(5) The procedure in para. (1) – (3) is confidential.
ARTICLE 18728
Recognition and execution at the stage of criminal prosecution
(1) At the stage of criminal prosecution, the competent public prosecutor shall issue an ordi-