Page 1590 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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1578
Uluslararası Adli İşbirliği
manian judicial authority shall specify the amount for which the confiscation order has not yet
been executed.
(4) Where, following the execution of a confiscation order issued by a Romanian judicial aut-
hority, the executing authority has compensated any person interested, including bona fide third
parties, Romania shall reimburse to the executing State any sums paid in damages.
(5) Where the executing authority informs that the execution of the confiscation order invol-
ves large or exceptional costs, the issuing Romanian judicial authority may consider a proposal to
share the costs based on detailed payment specifications given by the executing authority.
ARTICLE 18758
Termination of execution
The issuing Romanian judicial authority shall forthwith inform the competent authority of the
executing State, by any means capable of producing a written record, of any decision as a result
of which the order ceases to be enforceable or shall be withdrawn from the executing State, for
any reason.
SUBSECTION 3
Procedure of execution by the Romanian authorities of confiscation orders
ARTICLE 18759
Preliminary measures
(1) Whenever a court receives a confiscation order, it shall, within 24 hours from receipt, check
whether the order is accompanied by a Romanian translation.
(2) If the confiscation order has not been translated, the court shall request the competent
authority of the issuing State to transmit the translation within 5 days.
(3) The case shall be assigned according to the applicable legal provisions, to a panel of one
judge, and the hearing must take place within 5 days.
(4) If the court considers that it does not have the competence to recognise and execute the
confiscation order, it shall ex officio forward the confiscation order to the court that has compe-
tence to recognise and execute it, informing thereof the competent authority of the issuing State.
If the confiscation order does not contain sufficient information to establish competence, the
court may request to the competent authority of the issuing State the transmission of additional
information or of the certificate in Art. 18750, unless the certificate was sent initially, and shall
appoint a time limit of up to 5 days for the competent authority of the issuing State to transmit
such documents.