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1570
Uluslararası Adli İşbirliği
c) the decision relates to acts which:
(i) are regarded by Romanian law as having been committed in whole or in part in
Romanian territory or in a place treated as such, or
(ii) have been committed outside the territory of the issuing State and Romanian
law does not allow prosecution for the same offences when committed outside Romanian terri-
tory;
d) there is immunity under Romanian law, which makes it impossible to execute the
decision;
e) the decision has been imposed on a natural person who under the law of Romania
due to his or her age could not yet have been held criminally liable for the acts in respect of which
the decision was passed;
f ) according to the certificate provided for in Annex No. 3, the person concerned:
(i) in case of a written procedure was not, in accordance with the law of the issuing
State, informed personally or via a representative, competent according to its national law, of his
right to contest the case and of time limits of such a legal remedy, or
(ii) did not appear personally, unless the certificate states:
- that the person was informed personally or via a representative, competent ac-
cording to national law, of the proceedings in accordance with the law of the issuing State, or
- that the person has indicated that he or she does not contest the case;
g) the financial penalty is below EUR 70 or the RON equivalent to that amount.
(3) In cases referred to in paragraphs 1 and 2(b) and (f ), before deciding not to recognise and
to execute a decision, either totally or in part, the executing Romanian judicial authority shall
consult the competent authority in the issuing State, by any appropriate means, and shall, where
appropriate, ask it to supply any necessary information without delay.
ARTICLE 18743
Determination of the amount to be paid
(1) Where it is established that the decision is related to acts which were not carried out within
the territory of the issuing State, the executing Romanian judicial authority may decide to reduce
the amount of the penalty enforced to the maximum amount provided for acts of the same kind
under the national law of Romania, when the acts fall within the jurisdiction of Romania.
(2) The executing Romanian judicial authority shall, if necessary, convert the penalty into the
currency of the executing State, at the rate of exchange obtaining at the time when the penalty
was imposed.
ARTICLE 18744
Law governing enforcement