INTERNATIONAL CONFERENCE - Facultatea de Drept

Conference Proceedings - Galaţi, 24 th -25 th of April 2009
Year I, Vol. I - 2009
At the European level has been adopted the European Convention
on legal assistance in criminal problems - Strasbourg on 20 April 1959 and
also the Additional Protocol to the Convention, adopted on 17 March 1978,
also in Strasbourg, and Romania adopted this Convention by Law No.
236/1998.
The domain of application of Law No. 302/2004, amended by Law No.
224/2006 and updated by Law No. 228/2008, refers to the following types
of international judicial cooperation:
a) the extradition;
b) the handing over under a European warrant;
c) the transfer of procedures in criminal problems;
d) the recognition and the enforcement of sentences in criminal problems;
e) the transfer of sentenced persons;
f) the rogatory letters;
g) the appearance of witnesses, experts and prosecuted persons;
h) the notification of procedural acts which shall be drawn or laid down in
a criminal trial;
i) the criminal record.
For the purposes of Law No. 302/2004, amended, the following
terms and phrases are defined as:
a) the requesting State - the State which formulates a request in the areas
regulated by this law;
b) the requested State Ŕ the State to which is addressed a request in the
areas regulated by this law;
c) the central authority - the authority so designated by the requesting state
or by the requested state in the application of the provisions of
international conventions;
d) the legal authority - the Courts of Appeal and the prosecution
departments affiliated to these, established in accordance with la Romanian
law, as well as the authorities which have this quality in the requesting
state, according to its latter statements to the international applicable
instruments.
Referring strictly to the transfer of sentenced persons, we specify
that this institution was regulated by the Convention on the transfer of
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