LAW no.296 of June 7,2001 on extraditionThe Parliament of Romania adopts the present law.CHAPTER I: Preliminary ProvisionsObligation to extraditeArt.1(1) Romania accepts to deliver, upon the request of extradition (submitted) by another state, in terms of this law, the persons to be found on its territory, who are proceeded against or are sued at law for an offense or who are searched with a view to serving a penalty by the judiciary authorities of the requesting state. (2) The provisions of this law shall be applied also in case of security measures. For the purpose of this law, the expression security measures designates any custodial measure that has been ordered for supplementing or replacing a penalty by a penal judgment.Prevalence of International LawArt.2(1) This law shall only be enforced on the basis and for the fulfillment of the norms concerning extradition, contained in the international convention in which Romania is a party, which norms this law supplements with respect to the unregulated matters.(2) In lack of an international convention, this law represents the private law in the relevant matter, enforceable by the Romanian state by virtue of international courtesy, under the guaranty of reciprocity. Shall any or the requesting states invokes the enforcement of some regulations different from the ones of this law, the said regulations may only be considered based on a reciprocity statement.Reciprocity StatementArt.3(1) The reciprocity statement given by the requesting state, in lack of an international convention, with a view to the said sate obtaining extradition, shall only be effective in Romania after the ratification by law of the negotiated agreement between the two states, according with the general recognized norms of the international law in the relevant matter.(2) The draft agreement shall be negotiated, from the part of the Romanian state, by the Ministry of Justice and the Ministry of Foreign Affairs.CHAPTER II: Conditions for ExtraditionSECTION 1: Conditions Related to PersonPersons Subject to ExtraditionArt.4There are subject to extradition the persons who are proceeded against or are sued at law for an offense or who are searched with a view to serving a penalty.Excepted PersonsArt.5(1) [he following persons] May not be extradited by Romania:a) the Romanian citizens;b) the persons who have been granted the right of asylum in Romania;c) the foreign persons who enjoy jurisdiction immunity in Romania, under the terms and within the limits conferred by conventions or by other international agreements;d) the persons upon which a subpoena has been served with a view they to being heard as parties, witnesses or experts before a Romanian requesting legal authority, within the limits conferred by international convention. (2) The extradition of any other foreign person may be denied or postponed, if the said person's delivery is liable to have extremely serious consequences for him/her, especially because of his/her age or health condition. In case of denial of extradition, the provisions under art.7 paragraph (1) shall be applied accordingly, and in case of postponement of extradition, the prescription of the criminal proceeding or of the service of penalty shall be suspended.Date of Extradition ImmunityArt.6(1) The capacity as Romanian citizen or as political refugee in Romania shall be assessed as of the date of the extradition judgment. Shall this capacity is recognized between the date of the extradition judgment and the date considered for delivery, a new judgment shall be issued in the case.(2) The provisions under art.461 letter d) Penal procedure Code shall be applied accordingly.Obligations in Case of Non ExtraditionArt.7(1) The denial of extradition of one of its own citizens or of a political refugee obliges the Romanian state that upon the requesting state's demand to refer the case to its competent judicial authorities, so that the criminal proceedings or the trial, if applicable, to be exercised. For this purpose the requesting state would follow to transmit to the Ministry of Justice of Romania, free of charge, the files, information and objects regarding the offense. The requesting state shall be informed about the result of its request.(2) When Romania chooses the solution of denial of extradition of a foreigner, accused or convicted in another state for serious offenses or for the offenses incriminated by international conventions that do not impose another repression manner, the examination of its own competence and the performance, if applicable, of the criminal proceedings shall be made ex officio, without exception and without delay. The requested Romanian authorities shall decide in the same conditions as in case of any serious offense provided and punished under the Romanian law.SECTION 2: Conditions Relating to FactsDouble IncriminationArt.8(1) The extradition may only be admitted if the fact for which the person the extradition of whom is requested has been accused or convicted is provided as offense both by the requesting state's law and the requested state's law.(2) The existing differences between the legal qualification and the name given to the same offense by the laws of the two states are not relevant, unless otherwise provided by an international convention or, in lack of such a convention, by reciprocity statement.Political OffensesArt.9(1) The extradition shall not be granted if the offense for which it is requested is considered by the requested state as a political offense or as a fact neighboring to such an offense. (2) The same rule shall be applied if the requested state has well grounded reasons to think that the extradition request motivated by a private law offense has been submitted with a view to a person being proceeded against or punished for racial, religion, nationality or political opinion reasons, or that the position of such a person risks to be aggravated due to one of these reasons.(3) In enforcement of this law, the attempt on the life of a chief of state or of one of the members of his family shall not be deemed as political offense.(4) Furthermore, there are not deemed political offenses:a) the crimes against humanity provided by the Convention on prevention and repression of genocide crime, passed on December,1948 by the United Nations General Assembly;b) the offenses provided under art.50 of the Geneva Convention 1949 on improvement of the fate of the wounded and sick persons of the armed forces in campaign, under art.51 of the Geneva Convention 1949 on improvement of the fate of the wounded, sick and shipwrecked persons of the navy forces, under art.130 of the Geneva Convention 1949 on war prisoners' treatment and under art.147 of the Geneva Convention 1949 on civil persons' protection during the war;c) any similar violation of the war laws, as enforceable as of the date of coming into force of the Additional Protocol to the European Extradition Convention, and of the war habits existing as of that moment, not provided in the Geneva Conventions mentioned under letter b).(5) Also, in connection with the requirements of extradition between the state parties to the European Convention on terrorism repression, the offenses mentioned under art.1 and 2 of the Convention may not be deemed, as the case may be, as political offenses or as offenses connected to such offenses or as offenses inspired by political reasons. In case when in such circumstances, it chooses the solution of denial of extradition, Romania shall refer the case, with no exception and without unjustified delay, to its competent prosecution authorities, if [he offense]:a) created a collective danger for the life, corporal integrity or freedom of persons;b) touched persons alien of the reasons that determined it;c) cruel or perfidious means have been used in committing it.(6) The provisions under art.(5) shall apply accordingly in case of conspiracy or association with a view to committing offenses, if such forms of association constitute one or more of the offenses mentioned under art.1 or 2 of the European Convention on terrorism repression or if the terrorist type association relates to offenses in the field of trafficking in drugs or of other forms of organized crime.(7) The provisions under paragraph (2) shall apply to the circumstances referred to under paragraph (5) and (6).(8) The enforcement of this article wouldn't affect the obligations the Romanian state has assumed or will assume according to any other multilateral international convention.Military OffensesArt.10The extradition motivated by military offenses that do not constitute private law offenses is excluded from the field of application of this law.Fiscal OffensesArt.11(1) In the matter of duties and taxes, customs and foreign exchange, the extradition shall be granted between the states parties to the European Extradition Convention and its protocols, according to the provisions of these international agreements, for facts consistent, according to the requested state's law, with offenses of the same nature.(2) The extradition may not be denied for the reason the requested state's legislation does not impose the same type of duties or taxes or it does not contain the same type of regulations in the matter of duties and taxes, customs and foreign exchange as the requesting state's legislation.SECTION 3: Conditions Related to PenaltySternness of PenaltyArt.12The extradition is only required and, respectively granted by Romania, with a view to prosecution or trial, for facts of which committing results, according to the requesting state's legislation and of the requested state's legislation a custodial penalty greater than 2 years, and with a view to serving a criminal penalty, if it is greater than one year.Capital PunishmentArt.13Shall the fact for which the extradition is requested is death punished by the requesting state's legislation, the extradition will only be in position to be granted provided that the relevant state makes assurances considered sufficient by the Romanian state, that the capital punishment will not be executed, it following to be commuted.Penalty with Suspension of ExecutionArt.14The person convicted to a custodial penalty with conditioned suspension of execution may be extradited in case of partial suspension, if the fraction of penalty remained to be served is consistent with the gravity exigency provided under art.12 and there are no other legal impediments to extradition. SECTION 4: Competency Related ConditionsPlace of Offense Art.15(1) Romania may deny the extradition of the requested person for an offense that, according to the Romanian legislation, has been perpetrated in whole or in part on its territory. In passing the decision, the cases shall be also considered, when the prosecution and trial on the requesting state's territory are justified either by the truth having been learned, or by the possibility of a proper penalty to be enforced or the social reinsertion of the extraditable person to be provided for.(2) When the offense that motivates the extradition request has been perpetrated outside the requesting state's territory, the extradition may only be denied if the Romanian state's legislation does not authorize the prosecution of an offense of the same kind, perpetrated outside its territory, or it does not authorize the extradition for the offense making the object of the request.(3) In cases under paragraph (1) and (2), if the Romanian state chooses the solution of denial of extradition, the provisions under art.7 become enforceable.SECTION 5: Procedure Relating ConditionsParallel prosecutionArt.16 (1) The Romanian state may deny the extradition of a requested person, if the said person is also proceeded against by the Romanian legal authorities for the fact or facts for which the extradition is required, or for any other facts.(2) If the extradition has been denied, the requesting state shall be informed in due time about the manner the Romanian authorities have settled the case.Prior Complaint MissingArt.17The extradition shall not be granted when, according to the both states' legislation, the criminal action may only be commenced upon the injured person's prior complaint, and the said person opposes to extradition.Defense RightArt.18Romania shalln't grant extradition in the cases when the requested person would be judged in the requesting state by a tribunal that does not provide for the fundamental guarantees of procedure and protection of the rights to defense or by a national tribunal particularly instituted for the said case, or if the extradition is requested with a view to serving a penalty delivered by that tribunal.Judgment by defaultArt.19(1) In case the extradition of a person is requested in order he/she to serve a penalty delivered against him/her by a judgment by default, the Romanian state may deny the extradition for this purpose, if it assesses that the judgment didn't satisfy the minimum of rights to defense to which any person charged with an offense is entitled. However, the extradition shall be granted if the requesting state gives sufficient assurance of guaranteeing to the requested person the right to a new judgment procedure which to safeguard his/her rights to defense. This judgment entitles the requesting state either to proceed to a new judgment in the case, in the presence of the convict, if he/she does not resist, or, otherwise, to proceed against the extradited person.(2) When the Romanian state notifies to the requested person the judgment by default delivered against him/her, the requesting state shalln't deem this notice as resulting in effects with respect to the criminal procedure in this state.Non bis in idemArt.20(1) The extradition shalln't be granted when the requested person has been finally judged by the Romanian state's competent authorities for the fact or facts for which the extradition is requested.(2) The extradition may be denied if the Romanian state's competent authorities decided not to undertake criminal action or to cease the criminal action they undertook for the same fact or facts.(3) The extradition of a person making the subject of a final judgment in a third state, contracting party of the European Extradition Convention, for the fact or facts motivating the submitted request, shalln't be granted when: a) by the said judgment the acquittal of the person was delivered;b) the custodial penalty was fully served or was pardoned or amnestied, in full or with respect to the not served party;c) the judge ascertained the guiltiness of the offender but delivered no judgment.(4) However, in the cases foreseen under paragraph (3) the extradition will be possible to be granted if:a) the fact making the object of the trial was perpetrated against a person, institution or good of a public nature in the requesting state;b) the person making the object of a trial was himself/herself of a public nature;c) the fact resulting in a trial was committed in whole or in part on the requesting state's territory.(5) The provisions under paragraph (3) and (4) do not impede the enforcement of the broader norms, of the domstic law, with respect to non bis in idem effect recognized to the court judgments delivered abroad.PrescriptionArt.21(1) The extradition shalln't be granted when the prescription of the criminal action or the prescription of the penalty is turned according to the legislation either of the requesting state or of the requested state.(2) According to the Romanian law, the turning of prescription is to be calculated according to the provisions under art.122-124 Penal Code.(3) The submittal of the extradition request discontinues the prescription not previously turned. AmnestyArt.22The extradition shalln't be admitted for an offense covered by amnesty in the requested state, shall the said state had the competency to proceed against the said offense pursuant to its own criminal law.PardonArt.23The pardon act adopted by the requesting state makes the extradition request inoperative, even if the other extradition conditions are fulfilled.CHAPTER III: Extradition ProcedureSECTION 1: Passive ExtraditionRequest and ancillary acteArt.24(1) The extradition request, formulated in writing by the requesting state's competent authority, shall be addressed to the Ministry of Justice of Romania. Shall he request is addressed by diplomatic channels, it shall be sent to the Ministry of Justice. Another channel may be directly agreed upon between the requesting state and the requested Romanian state.(2) In support of the request the following shall be submitted:a) the original or an authenticate copy either of a enforceable judgment, or of a warrant of arrest or or any other act with equal power, issued in the forms requested by the requesting state's law. The authentication of copies shall be made, free of charges, by the competent law court or public prosecution office, as applicable;b) a report of the facts for which the extradition is requested. The date and place where they have been committed, their legal classification and references to the legal provisions applicable to them shall be indicated as accurately as possible;c) a copy of the applicable legal provisions or, if this is not possible, a statement regarding the applicable law, as well as the most accurate personal description of the requested person and any other information able to determine his/her identity and nationality;d) data regarding the duration of the not served penalty, in case of request of extradition of a convicted person who served a part of the penalty only. Additional InformationArt.25Shall the information communicated by the requesting state proves insufficient to allow the Romanian state to deliver a decision according to this law, the necessary information shall be requested and a term shall be fixed for this information to be received. In this event, if the court will institute a proceeding measure meant to prevent the disappearance of the requested person, the discharge of the said person will be possible.Concurrence of Several RequestsArt.26(1) Shall the extradition is requested by more than one state, either for the same fact or for different facts, the Romanian part shall decide, taking into account all the circumstances and, particularly, the gravity and the place where the offenses have been perpetrated, the dates when the requests have been filed, the requested person's nationality, the existence of the extradition reciprocity related to the Romanian state and the possibility of a subsequent extradition to other requesting state.(2) The Ministry of Justice shall urgently inform the competent authorities of the involved state about the concurrence of requests.Languages UsedArt.27The request and the documents to be filed shall be drawn up in the requesting state's language and they shall be accompanied, as much as possible, by translations into Romanian language or into French or English languages. By direct agreement between the two states the translation into another language may be agreed upon.ExpensesArt.28(1) The extradition expenses shall be born by the requested Romanian state if they have been paid on its territory and in conditions of reciprocity.(2) The transit expenses shall be born by the requesting state. Requesting State's LawArt.29Except certain contrary provisions stipulated in international conventions, the Romanian state's law is the only law applicable to the extradition procedure as well as to the procedure of arrest on suspicion. Extradition RequestArt.30The extradition request and the attached documents, addressed by the competent authority of the requesting state through any of the channels mentioned under art.24 paragraph (1), shall be sent to the Ministry of Justice. This will urgently perform a summary examination of the request in order to find if:a) between Romania and the requesting state there are conventional norms or an agreement regarding the extradition reciprocity statement;b) there is any other nullifying impediment in engaging the procedure, like the requested person not being present in Romania or his/her dath;c) the request and the attached documents are accompanied by translations according to art.27.(2) In cases mentioned under paragraph (1) letter ) and b) the Ministry of Justice returns the request and the documents to the foreign requesting authority, showing the reasons. If the request and the attached documents are nor accompanied by Romanian translations the Ministry of Justice orders that the competent law court or prosecution office takes steps for an as urgent as possible translation. Introduction of the Public Ministry Art.31Except the cases provided under art.30 paragraph (2), the extradition request and the attached documents shall be sent by the Ministry of Justice, within a term of at most 5 days, to the general prosecutor of the prosecution office attached to the Court of Appeal in the territorial radius of which the requested person lives or his/her presence has been signaled or, in case the place where the person is present is not known, to the general prosecutor of the prosecution office attached to the Court of Appeal of Bucharest.Introduction of the Law CourtArt.32The competent general prosecutor shall proceed, within a term of 24 hours of receiving the request and attached documents, with the identification and arrest of the requested person, on whom he shall serve the warrant for arrest, as well as the other documents sent by the requesting state's authorities. The requested person is then lodged with the prison and the general prosecutor shall introduce the competent court of appeal. The court of appeal, with a panel consisting of 2 judges, shall examine and deliver its decision with respect to the arrest status for extradition purpose.Provisional ArrestArt.33(1) In case of emergency, the requesting state's authorities may request the provisional arrest of the person proceeded against, even in advance of the extradition request being formulated. The Romanian competent authorities shall solve the request as provided under art.29.(2) The provisional arrest request must indicate the existence of a warrant of arrest or of a warrant of a penalty service and it must inform about its intention of sending the extradition request. The arrest request will contain information about the offense for which the extradition will be requested, the time and place where it was committed, as well as, to the possible extent, the personal description of the searched person.(3) The arrest request shall be sent to the Ministry of Justice directly by mail, telegraph, telex or fax machine, either by diplomatic channels, or by Interpol, using any other mean that makes a written trace or is advised by the requested state. The request shall be sent to the competent general prosecutor, who shall forthwith cause the identification and arrest with a view to extradition of the prosecuted person, and then he shall introduce the court of appeal for further treatment of the request. The requesting foreign authority shall be forthwith informed, by the agency of the Ministry of Justice, with respect to the trace the request has been given.(4) The provisional arrest may cease if, within a term of 18 days of the proceeded against person's arrest, the Romanian state wasn't introduced through the extradition request and the document mentioned under art.24 paragraph (2). The provisional arrest shall cease anyhow after 40 days, if in this period the extradition request and the necessary documents are not received. Furthermore, the court of appeal may order at any time provisional release, taking, however, the necessary legal steps in order to avoid the requested person's escape.(5) The provisional release does not preclude a new arrest with a view to extradition, nor the extradition itself, if the extradition request is subsequently received.(6) The duration of arrest will be computed.Procedure with the Court of AppealArt.34(1) The extraditable person shall be brought before the court of appeal in the shortest time, but not latter than 8 days of the date when the general prosecutor has notified him/her the extradition request and the other documents. The extraditable person shall be summoned by any mean of fast communication or he/she shall be brought by warrant(2) Upon the first legal term the court shall hear the extraditable person, who will be assisted, free of charge, by an interpreter and by an ex officio counsel, unless a chosen counsel exists. The prosecutor's presence is mandatory. The procedure is public, unless the requested person or the prosecutor opposes this, oral and contradictory.(3) The requested person or the prosecutor may ask the court for an additional term of 8 days, for sufficiently justified reasons. The prosecution office is obliged to contribute in securing the data and documents necessary for ascertaining if the extradition conditions are fulfilled and to order the objects referred to under art.48 be picked up and lodged with the court.(4) After the hearing the extraditable person may be chose either the voluntary extradition, or for the procedure to be continued if he/she opposes extradition.Voluntary extraditionArt.35The requested person is entitled to state before the court that he/she waives the benefits offered by law to defend himself/herself against the extradition request, and that he/she consents to be extradited and delivered to the requesting state's competent authorities. His/her statement shall be recorde in a protocol signed by the president of the panel, the court clerk, the extraditable person, his/her counsel and the interpreter. After the court ascertains that the extraditable person s fully aware of the consequences of his/her option, the court, asking also for the prosecutor's conclusions, shall analyze if no impediment exists which to preclude the extradition. If the voluntary extradition is found admissible, the court shall take legal recognizance of this by the sentence and at the same time shall order the necessary prevention measure to be taken till the delivery of the extraditable person. The sentence shall be drawn up within a term of 24 hours and a legalized copy of it shall be forthwith sent to the Ministry of Justice in order it to proceed in terms of law.Requested Person Resisting ExtraditionArt.36If the requested person resists the extradition request, he/she will be able to formulate his/her defense orally and in writing; at the same time he/she will be able to propose proofs. The provisions under art.34 paragraph (2) shall be applicable.Solutions of the Court of AppealArt.37(1) After considering the extradition request, the proofs and the conclusions submitted by the requested party and the prosecutor, the court of appeal may:a) order, in the case of concurrence of requests as provided under art.26, the files to be joined, eve if they refer to different fact or are recorded with different courts of appeal, the territorial competence being with the first introduced court of appeal;b) order, in case of need of additional information to be received from the requesting state pursuant to art.25, the adjournment of the extradition request being solved for a term of two months, with the possibility the request to be reiterated and a last term of another two months to be granted.c) ascertain, by the sentence, whether the extradition conditions are fulfilled or not.(2) The court of appeal has no competence to issue orders with respect to the thoroughness of the reasons for which the foreign authority requests extradition, nor with respect to the extradition fitness.(3) In case the court of appeal finds that the conditions for extradition are not met, it shall decide the extradition request to be rejected and the requested person to be released. The sentence shall be motivated within a term of 24 hours and it shall be sent to the Ministry of Justice. Against the sentence may bring contestation, within a term of 5 days, the general prosecutor attached to the court of appeal, ex officio or on the Minister's of Justice demand. The contestation shall be brought before the Criminal Section of the Supreme Court of Justice and it suspends the enforcement of the sentence. The decision of the Supreme Court of Justice is final and it shall be communicated by the Ministry of Justice to the requesting state's competent authority.(4) In case the court of appeal finds that the conditions for extradition are met, it shall decide the extradition request to be admitted. . The sentence shall be motivated within a term of 5 days of delivery date. It may contested by the general prosecutor attached to the court of appeal and by the requested party. The contestation suspends the enforcement of the sentence. The contestation shall be judged within a term of 10 days at most and it falls in the competence of the Criminal Section of the Supreme Court of Justice. The extradition judgment which wasn't contested or the contestation was rejected by the Supreme Court of Justice is final and it shall be sent to the Minister of Justice, who within a term of 5 days shall issue an order for the enforcement of the extradition judgment. No contestation and no action before the court may be any more exercised against the order of the Minister of Justice.(5) The provisions related to contestation, stipulated under paragraph (3) shall be applied accordingly also in the cases when the court of appeal delivers a judgment related to postponement of extradition, admission of conditioned extradition, consent to extension of the object of extradition and re-extradition to a third state.(6) In the case of the conditioned extradition, provided under art.13 and 19, the court of appeal shall mention in the enacting terms of the relevant sentences the conditions stipulated in those articles.(7) In the cases provided under art.7, art.9 paragraph (5), art.15 and 20, relating to denial of extradition for certain categories of persons or offenses, the court of appeal shall notify to the Public Ministry the legal obligation of referring the said cases to the Romanian competent authorities. In the case provided under art.16 paragraph (2) the notice shall be sent to the Ministry of Justice, which shall sent it to the foreign state.(8) In the case when the extradition is admitted, if objects pursuant to art.48 are remitted, it shall be mentioned in the sentence, an inventory being attached if possible.(9) In the case provided under paragraph (1) letter b), if the extraditable person is under arrest, the court, ex officio, shall examine every 30 days the need of the arrest to be maintained. Norms Regarding the Prosecution and TrialArt.38The norms of penal procedure regarding prosecution, trial and enforcement are also applicable to the extradition procedure, unless otherwise provided in this law.SECTION 2: Active ExtraditionLegal frameworkArt.39The provisions under Chapter I and II shall be applied accordingly when Romania formulates an extradition request to other state.Extradition RequestArt.40(1) The extradition shall be requested by the Romanian state to a foreign state, upon the motivated proposal by the competent prosecutor in the phase of criminal action, and in the phase of trial and enforcement of the judgment, upon the motivated proposal by the president of the competent law court. The initiation of this procedure is compulsory in all the cases when the request is needed. The provisions of this law shall apply accordingly.(2) The prosecutor's ordinance or the president's ruling, by which the proposal for the extradition to be requested is made, accompanied by the documents mentioned under art.24 paragraph (2), as well as by any other writing requested for the extradition to be obtained, shall be sent to the competent general prosecutor or to the Ministry of Justice, as applicable.(3) The competent general prosecutor or the head of the specialty department of the Ministry of Justice, as applicable, shall examine the international regularity of the received documents and, after assisting the initiating legal authority in making the necessary possible corrections, he shall draw up and submit to the Minister of Justice either the draft extradition request or a document by which the motivated dismissal of the extradition proposal is requested.(4) The Minister of Justice, if he/she deems that the extradition proposed to be requested is well grounded, shall finish and sign the extradition request.(5) The extradition request and the attached documents shall be sent to the requested state by one of the channels mentioned under art.24 para (1).(6) If the requested state asks for additional documents, they shall be sent by the same route.(7) The translation of the extradition request and of the attached documents shall be provided for by the Public Ministry or the Ministry of Justice, as applicable.The provisions under art.27 shall apply accordingly.(8) The procedure mentioned in this article is confidential.Provisional ArrestArt.41In case the competent court of appeal, based on the warrant for arrest or the enforcement warrant, deems the extradition is needed in emergency conditions, shall request, through the Romanian Interpol Bureau or by other legal channel, the provisional arrest of the person proceeded against, forthwith notifying about this the Ministry of Justice. The provisions under art.33 shall apply accordingly.ReciprocityArt.42In absence of an international agreement, the Minister of Justice, with the advise of the Minister of Foreign Affairs as well, is qualified to give reciprocity assurances to the requested state, on behalf of the Romanian state. If the foreign state makes the admission of extradition conditioned by the fulfillment of certain formalities that differs from those of the Romanian domestic law, the provisions under art.3 shall apply accordingly, in case the negotiation of an agreement is accepted.Re-trial of the Extradited PersonArt.43The assurance of the re-trial of the case in the presence of the extradited person, in the terms provided under art.19 para (1), shall be given by the Minister of Justice in the extradition request.Taking over the Extradited PersonArt.44The provisions under art.45 relating to the extradited person's delivery-taking over shall apply acordingly.CHAPTER IV: Extradition EffectsSECTION 1: Obligation of the Requested Romanian StateArt.45(1) The Romanian state shall forthwith inform the requesting party, through the route stipulated under art.24 para (1), about the solution passed with respect to extradition, at the same time communicating also an excerpt of the final decision.(2) Any total or partial rejection shall be motivated.(3) In case the extradition is granted, the requesting state will be informed about the date and place of delivery, as well as about the duration of the arrest with a view to extradition, served by the requested person.(4) The place of delivery shall be, as a rule, a frontier point of the Romanian state. The Ministry of Interior of Romania shall provide for the delivery, afterwards informing the Ministry of Justice about this. The extradited person shall be delivered and take over under escort. (5) With the reservation of the case foreseen under par (6), if the requested person will not be taken over as of the established date, he/she will be released after a term of 15 days has elapsed, calculated from the said date; this term may only be extended with another term of 15 days at most.(6) In case of an event of force majeure that hinders the delivery or the taking over of the person subject to extradition, the concerned state shall inform about this the other state. The two states shall agree upon a new date of delivery, the provisions under para (4) to apply. Re-extraditionArt.46If the extradited person eludes the criminal action or the trial or the service of penalty and returns on the territory of the Romanian state, he/she will be liable to a new extradition. In this case the extradition request does no more need to be accompanied by the documents foreseen under art.24 para (2), but reciprocity shall be ensured.Postponed or Conditioned DeliveryArt.47(1) The Romanian state will be able, after it would have had accepted the extradition, to adjourn the delivery of the extradited person, if he/she is accused or charged before the Romanian legal authorities or he/she has to serve in Romania a penalty for other offense than that for which his/her extradition has been requested and granted.(2) In case of adjournment, the extradition may only be effective after the criminal trial has came to an end, and when a custodial penalty had been enforced, only after the penalty has been served or deemed served.(3) In case the adjournment of extradition could result in the turning of the prescription term of the criminal action in the requesting state or it would create in that state great difficulties in setting the facts, the temporary extradition may be admitted, under the express condition that the extradited person be returned to the Romanian state forthwith after the proceeding acts for which the temporary extradition was admitted have been performed.Object RemittingArt.48(1) Upon the demand of the requesting state, the Romanian state shall hold and remit, to the extent permitted by the Romanian law, the objects that:a) can be used as proving elements;b) proceeding from the offense, they were found in the moment of arrest in the possession of the person requested for extradition or they were subsequently discovered;(2) The objects referred to under para (1) shall be remitted even if the extradition, already admitted, couldn't be performed due to the requested person's death or escape;(3) When the objects foreseen under para (1) are liable to be seized or confiscated on the territory of the requested Romanian state, it shall be able, with a view to a pending criminal procedure with its judicial authorities, to keep them for the time being or to remit them conditioned by restitution. The victim's right to obtain the fast restitution of the objects so immobilized shall also be considered.(4) The rights which the Romanian state or third parties would have acquire over the objects remain, however, reserved. If such right exist, the objects shall be returned, as of the end of the trial, as soon as possible and free of charges, to the requested state.TransitArt.49(1) The transit through the territory of the requested Romanian state shall be acquiesced upon demand, addressed as provided under art.24 para (1), on condition this not to relate to an offense considered by Romania as being on political or military nature, taking into account the provisions under art.9 and 10.(2) The transit of a Romanian national, with the meaning under art.5 para (1) letter a) and b), shall be denied.(3) Under the reservation of the provisions under para (4), the documents provided under art.24 para (2) are requested to be produced.(4) In case the air way will be used, the following provision shall apply:a) when no landing is foreseen, the requesting state shall inform the Romanian state about the flight over the Romanian territory and it shall attest the existence of one of the documents provided under art.24 para (2) letter a). In case of forced landing, this notification shall produce the effects of a provisional arrest request as provided under art.33, and the requesting state shall forthwith address a formal transit request;b) when a landing is foreseen, the requesting state shall address a formal transit request; (5) The transit of the extradited person shall not be performed by passing over a territory where one would have reasons to think that the life or liberty of the said person would be threatened due to reasons related to his/her race, religion, nationality or political opinions.SECTION 2: Obligations of the requesting Romanian stateExtradited Person's ReceptionArt.50The extradited person brought to Romania, shall be urgently delivered to the penitentiary administration or to the competent judicial authority, as applicable, depending on the kind of the imprisonment warrant. If the extradited person follows to serve a final penalty, he/she shall be sent to the penitentiary. If the extradited person has been convicted by default, he/she shall judged again upon request, following the procedure foreseen under art.19 para (1). In case of prosecution or trial the domestic law procedure becomes applicable. With respect to the arrest on suspicion, the decision shall be with the competent law court.Specialty RuleArt.51(1) The person delivered as a result of extradition shall neither be proceeded against, nor judged, nor kept in custody in order to serve a penalty, nor subject to any restraint of his/her individual liberty, for any fact prior to the delivery, other than the one which motivated the extradition, except the cases when:a) the Romanian state which delivered him/her consents to this; the requesting state shall submit a request to this purpose, accompanied by the documents provided under art.24 para (2) and by a protocol containing the statements of the extradited person; this consent may be given when the offense itself for which it is requested leads to the obligation of extradition pursuant to this law;b) having the possibility to do so, the extradited person didn't leave, within a term of 45 days of his/her definite discharge, the territory of the state to which he/she was delivered or if he/she returned there after he/she left the said territory.(2) The requesting state shall be able, however, to take the necessary steps with a view, on the one part, to a possible sending of the person out of its territory, and on the other part, to discontinuing the prescription according to its legislation, the use of a procedure by default included.(3) When the qualification of the incriminated fact will be changed in the course of procedure, the extradited person shall only be proceeded against or judged to the extent the constitutive elements of the re-qualified offense would allow extradition. Re-extradition to a Third StateArt.52Except the case provided under art.51 para (1) letter b) the consent of the Romanian sate is necessary in order the requesting state to be allowed to deliver to another state the person delivered to it and who would have been searched by the third state for offenses committed prior to the delivery. The Romanian party will be able to ask for the documents provided under art.24 para (2) to be produced.CHAPTER V: Apparent extraditionSerious International CrimesArt.53When, in an exceptional manner, the extradition request could result from special international acts, like the statutes of the international penal tribunals, the remittal with a view he/she being prosecuted and judged, of the persons charged with committing serious crimes, shall be examined by a distinct legal procedure.Fraud Art.54A person being delivered by expulsion, re-admission, re-transmission to the frontier or any alike measure is forbidden as often as it conceals the will of eluding the extradtion rules. CHAPTER VI: Final ProvisionsArt.55. Point 1 under art.281 of the Penal Procedure Code shall be supplemented with letter e) with the following content: "e) cases regarding extradition." Art.56This law shall come into force after 30 days from it being published in the Official Gazette of Romania, Part I. As of the same date the Law no.4/1971 on extradition , published in the Official Gazette, Part I, no.35 of March 18,1971, as well as any other contrary provisions shall be abrogated.This law has been adopted by the Senate in the session of May 10,2001, in keeping with the provisions under art.74 para (2) of the Constitution of Romaniafor the PRESIDENT OF THE SENATEALEXANDRU ATHANASIUThis law has been adopted by the House of Deputies in the session of May 10,2001, in keeping with the provisions under art.74 para (2) of the Constitution of Romaniafor the PRESIDENT OF THE HOUSE OF DEPUTIESOVIDIU CAMELIUPETRESCUPublished in the Official Gazette of Romania under no.326 of June 18,2001.