‘This is a modern treaty that allows the extradition for any offence punishable by freedom restricting punishment by the law of either countries of more than one year in jail and for any offence that has been punished by freedom restricting punishment in the form of at least four months in jail,’ reads a release issued by the Ministry of Justice and Citizens’ Freedoms.
Romania and the US have exchanged the instruments of ratification for the U.S.-Romania Mutual Legal Assistance Protocol and the U.S.-Romania Extradition Treaty.
The exchange of the ratification instruments for the two legal documents, signed on September 10, 2007, took place on May 8, during a visit to Washington of Romania’s Foreign Minister Cristian Diaconescu.
The US-Romania Extradition Treaty was ratified by Romania under Law 11 of May 15, 2008, and came into force on May 8, 2009, when the extradition convention done and signed in Bucharest on July 23, 1924 between the two countries and an additional convention to it of November 10, 1936 expired.
The release says extradition will not be denied based on the citizenship of a wanted person and prescription as a reason for denial will be analysed exclusively from the perspective of the applicant country.
The ministry mentions that under the new treaty, the transmission of the request for provisional arrest in emergency cases can be carried out including through the channels of the International Criminal Police Organization (INTERPOL).
The treaty enshrines the procedure of simplified extradition and includes provisions concerning the speciality rule and the ‘ne bis in idem’ principle, meaning no legal action can be instituted twice for the same cause of action.
Also exchanged during Diaconescu’s recent visit to Washington was the instrument for the ratification of a protocol to the US-Romania Mutual Legal Assistance Treaty concerning cooperation in criminal justice, signed in Washington on May 26, 1999, ratified by Romania under Law 112 of May 15, 2008.
The ministry informs that the protocol becomes operational when the US-European Union Mutual Legal Assistance Treaty, done in Washington on June 25, 2003, published in the Official Journal of the European Union, series L, no. 181/34 of July 19, 2003, comes into force.