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Uluslararası Adli İşbirliği
case record and on any other documents presented.
(4) The appeal shall not stay the enforcement of the freezing order.
(5) The freezing order shall be enforced by the designated public prosecutor from the prose-
cution office of the competent tribunal.
ARTICLE 18730
Duration of the freezing and subsequent treatment of the frozen property
(1) The property shall remain frozen until any requests made under Art. 18725 para. (3) are
responded to definitively.
(2) However, the competent Romanian judicial authority may, after consulting the issuing Sta-
te and according to the legislation and practices of Romania and to the circumstances of the case,
lay down appropriate conditions in order to limit the period for which the property will be frozen.
(3) If the competent Romanian judicial authority envisages lifting the measure, it shall inform
the issuing judicial authority, which shall be given the opportunity to submit its comments. Also,
whenever the judicial authority of the issuing State notify the Romanian executing authority that
the freezing order has been lifted, the latter shall lift the measure as soon as possible.
(4) Requests made under Art. 18725 para. (3) shall be executed in accordance with the rules
applicable to mutual assistance in criminal matters and the rules applicable to international coo-
peration relating to confiscation.
(5) However, notwithstanding the rules applicable to mutual assistance mentioned in para.
(4), the competent Romanian judicial authority may not refuse a request made under Art. 18725
para. (3) a) on account of absence of double criminality, if the request concerns any of the offen-
ces in Art. 18724 para. (1), and for these offences the penalty provided in the issuing State is at
least 3 years of imprisonment.
ARTICLE 18731
Grounds for non-recognition or non-execution
(1) Outside the cases in Art. 18724 para. (2) and (3), the competent Romanian judicial authori-
ties may refuse to recognise or execute the freezing order only if:
a) the certificate provided for in Art.18722 is not produced, is incomplete or manifestly
does not correspond to the freezing order;