EIRP Proceedings, Vol 4 (2009)

Abstract

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 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 action 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.