Page 1581 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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1569
Kanunları ve Tercümeleri
33. conduct which infringes road traffic regulations, including breaches of regulations perta-
ining to driving hours and rest periods and regulations on hazardous goods;
34. smuggling of goods;
35. infringements of intellectual property rights;
36. threats and acts of violence against persons, including violence during sport events,
37. criminal damage;
38. theft;
39. offences established by the issuing State and serving the purpose of implementing obli-
gations arising from instruments adopted under the EC Treaty or under Title VI of the EU Treaty.
(2) For offences other than those covered by paragraph 1, execution of a decision is subject to
the condition that the decision is related to conduct which would constitute an offence under the
law of Romania, whatever the constituent elements or however it is described.
ARTICLE 18741
Recognition and execution of decisions
(1) The executing Romanian judicial authorities shall recognise a decision without any further
formality being required and shall forthwith take all the necessary measures for its execution,
unless they decide to invoke one of the grounds for non-recognition or non-execution provided
for in Art. 18742.
(2) If a Romanian judicial authority that has received a decision does not have the competence
to recognise and execute it, it shall ex officio forward the decision to the competent authority and
shall inform thereof the competent authority of the issuing State, accordingly.
ARTICLE 18742
Grounds for non-recognition and non-execution
(1) The executing Romanian judicial authority may refuse to recognise and execute the decisi-
on if the certificate provided for in Annex No. 3 is not produced, is incomplete or manifestly does
not correspond to the decision.
(2) Outside the case in Art. 18740 para. (2), the executing Romanian judicial authority may also
refuse to recognise and execute the decision if it is established that:
a) a decision against the sentenced person in respect of the same acts has been delive-
red in Romania or in any State other than the issuing or the executing State, and, in the latter case,
that decision has been executed;
b) the execution of the decision is statute-barred according to Romanian law, and the
decision relates to acts which fall within the jurisdiction of Romanian courts;