Transfer of Procedure in Criminal Matters in Romanian Legislation

Author:Ion Rusu
Position:I.P.J. Vrancea
Pages:343-353
SUMMARY

Aware of the obligations assumed in fighting crime, Romania translated in its internal legislation the European Convention on the transfer of procedure in criminal matters, adopted in Strasbourg on 15 May 1972, ratified through Government’s Ordinance no.77/1999. The transfer of procedure in criminal matters is one of the forms of international judicial cooperation in criminal matter and... (see full summary)

 
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Transfer of Procedure in Criminal
Matters in Romanian Legislation1
Ion Rusu1
1I.P.J. Vrancea
Abstract: Aware of the o bligations assumed in fighting crime, Romania translated in its
internal legislation t he European Convention on the transfer of procedure in criminal matters,
adopted in Strasbourg on 15 M ay 1972, ratified through Government’s Ordinance no.77/1999.
The transfer o f procedure in criminal matters is one of the forms of international judicial
cooperation in criminal matter and represents an act on mutual trust in the organizing activity
for crime pursuit at the international level. According to law, the procedure transfer in criminal
matter consists in performing criminal procedure or continuing the procedures initiated by the
competent Romanian authorities for an actio n that represents a crime, in accordance with the
Romanian law and transferring it to another state. The procedure transfer in criminal matters is
accomplished only if the conditions expressly provisioned by law are fulfilled, respecting the
non bis in idem principle.
Keywords: prosecution, trial, International judicial cooperation.
1. The European Convention on Procedure Transfer in Criminal Matters. Introductive
Considerations
During the last decades, in Europe as well as in the rest of the world, criminality faced an unprecedented
development, displayed in diverse ways, some of extreme gravity. This situation was immediately
observed by the Europe’s Council and resulted in new attitudes and measures stemming from this organ.
The first and most important measure meant to contribute directly to a more efficient prevention and
fighting against crime consists in the intensification of specific activities in judicial cooperation among
member states.
In this context, the European Convention of criminal procedure transfer was framed.
The Convention is a European instrument in virtue of which the member states, based on mutual trust,
organize the quest of international contraventions, aiming at punishing those committing them and at
avoiding the risks following competence conflicts.2
According to the relevant normative act, the term “contravention refers to those actions that consist in
crimes and those mentioned by the legal dispositions provisioned by Annex no.3 in the Convention,
provided that, when the contravention is subjected to the competence of an administrative authority, the
interested individual has the possibility to bring the specific case in front of a court”.3 The sanctions refer
1
The institution is examined according with the last modifications brought by La w no.222/ 2008 on the modification and
completion of Law no.302/2004, on the international judicial cooperation in criminal matters, published in the Official Monitor of
Romania, Part I, no.758 on 10 November 2008.
2
Al.Boroi, I.Rusu, op. cit., p. 335.
3
The European Convention on criminal procedure transfer, Article 1 a), Annex 3 mentioned in the text, comprises contraventions,
other than the criminal ones.
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